In the Central Information Commission
at
New Delhi
File No: CIC/SM/A/2011/000071
Date of Hearing : July 13, 2011
Date of Decision : July 13, 2011
Parties:
Applicant
Shri Rohit Bhardwar
H.No. 34/1, Hamamdaspura
Adj. Sewak Ram Hospital, Kapurthala Road
Jalandhar.
Applicant was not present.
Respondent(s)
Central Administrative Tribunal
O/o the Dy.Registrar, Jodhpur Branch
Near Raj High Court,
P.O.Box No. 619
Jodhpur.
Represented by : Shri R.L.Gupta, Dy.Registrar
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/SM/A/2011/000071
ORDER
Background
1. The RTI Application dated 24.6.2010 was filed by the Applicant with the PIO, Central Administrative
Tribunal, Chandigarh. He sought a list of OA cases instituted and disposed off during the period
1.1.2006 till date in a given format. The PIO replied on 9.7.2010 stating that the Applicant has not
sought any specific information in Table1 in terms of clause 2 (f) and 2 (j) of the RTI Act, and that
such type of information is not being maintained in the given form. He added that providing such
information will require compilation/creation of information which is not intended by the RTI Act. The
Applicant thereafter filed his first appeal on 20.7.2010 seeking the information once again. The
Appellate Authority stated in his order dated 14.8.2010 that on receipt of the appeal the Applicant was
asked to appear before him(the Appellate Authority) for a personnel hearing on 10.8.2010 and that
the Applicant however did not turn up for the hearing. The Applicant again wrote to the AA on
25.7.2010 indicating his disinterest in appearing for a personal hearing since his appeal is self
explanatory. In response to this letter the Appellate Authority decided that the PIO is not supposed
to create information or interpret or solve problems raised by the Applicant or furnish replies to
hypothetical questions. He also stated that the Applicant has devised his own proforma which will
require culling out information from thousands of pending and disposed off case files. He further
contended that this amounts to creation of information which is not permissible under the RTI Act.
Being aggrieved with this reply the Applicant filed his second appeal before the Commission.
Decision
2. During the hearing the Respondent reiterated that the information as sought by the Appellant is not
available in the given format in which it is being requested and also that compiling the information
would require the PIO to cull out the information from thousands of files dealing with OA cases.
Hence the Applicant was asked to appear for a personal hearing, an opportunity which the Appellant
did not avail of.
3. The Commission after hearing the Respondent and on perusal of submissions on record is of the
opinion that the information sought is voluminous and is available in thousands of files and that
compiling the information would indeed disproportionately divert the resource of the Public Authority
since it is not available in the form in which it is being sought. The PIO is therefore not obligated to
provide the information. However the Appellant may, if he so desires, specify the exact OA Cases
for which he would like to receive the information . The PIO to then allow the Appellant to inspect the
files dealing with those OA cases listed out by the Appellant, on a mutually convenient date so that
the Appellant can glean from them the information required by him. The Appellant may be provided
with attested copies of documents identified by him from those files during the inspection, with only
50 pages free of cost and the rest at the rate of Rs.2/ per page as photo copying charges. The
inspection to be completed by 15 August, 2011.
4. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc
1. Shri Rohit Bhardwar
H.No. 34/1, Hamamdaspura
Adj. Sewak Ram Hospital, Kapurthala Road
Jalandhar.
2. The Public Information Officer
Central Administrative Tribunal
O/o the Dy.Registrar, Jodhpur Branch
Near Raj High Court,
P.O.Box No. 619
Jodhpur.
3. The Appellate Authority
Central Administrative Tribunal
O/o the Dy.Registrar, Jodhpur Branch
Near Raj High Court,
P.O.Box No. 619
Jodhpur.
4. Officer Incharge, NIC.