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Decision No.CIC/SG/A/2010/000224/7168
Appeal No. CIC/SG/A/2010/000224
Appellant : Mr. Bijendra Singh,
LDC, Delhi Pollution Committee,
4th Floor, ISBT Building,
Kashmiri Gate,
Delhi-110006
Respondent : Mr. B. L. Chawla
State Public Information Officer &
Environmental Engineer
Delhi Pollution Control Committee,
Department of Environment,
Govt. of NCT of Delhi,
4th Floor, ISBT Building,
Kashmiri Gate, Delhi-110006
RTI application filed on : 08/10/2009
PIO replied : 27/10/2009
First Appeal filed on : 15/10/2009
First Appellate Authority order : 03/12/2009
Second Appeal Received on : 28/01/2010
Notice of Hearing Sent on : 17/02/2210
Hearing Held on : 17/03/2010
Sl. Information Sought PIO's reply
1. Number of information sought regarding the ID no. 609, 614. Copies enclosed.
Appellant vide RTI application. Provide photocopy
of those application with their ID numbers.
2. Provide the copy of information received from the Copies enclosed.
various branches in reply of letter sent by
SPIO(DPCC) under RTI Act.
3. Provide photocopy of the information with ID Copies enclosed.
number(s) regarding the Appellant which was
furnished to Shri Shamsher Singh, under RTI Act.
4. Provide the provision under which personal RTI Act is available on website-
information & third party information is provided delhigovt.nic.in. of Delhi Govt.
by the SPIO(DPCC).
5. Under RTI Act 2005, whether personal documents RTI Act is available on website-
of govt. staffs kept in the office may be provided to delhigovt.nic.in. of Delhi Govt.
other person without informing the concerned
person. If yes, then provide rules/regulation thereof.
6. Whether the personal documents/certificate of the Govt. record of the Appellant had
Appellant had been provided by SPIO? If yes, then been made available. In this regard
the provision of RTI Act had been followed? information is available on web site
of RTI Act, Govt. of Delhi.
7. What had action been taken to prevents/stop the Govt. record of the Appellant had
misuse of information related to the Appellant what been made available. In this regard
was given to other? information is available on web site
of RTI Act, Govt. of Delhi.
Grounds for First Appeal:
Information was not provided within 48 hours.
Order of the First Appellate Authority:
"The Appellant raised question basically providing his personal details to a third party and for
that there are certain provision in the act which have not been followed. SPIO told that the
applicant is government servant and due to this the documents available in the office is a public
document and he same cannot be treated as third party information. Hence, all details available
in the office have been provided treated as a public document. Since, it is a public document and
it has been provided to the third party it dose not attract the provision of third party".
Grounds for Second Appeal:
Objection on Third party information provided by the SPIO.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Bijendra Singh;
Respondent: Mr. B. L. Chawla, State Public Information Officer & Environmental Engineer;
The PIO has given all the information available on the records. The Appellant claims that
he is dissatisfied with the replies provided at query-4,5,&6. In query-4,5,&6 the Appellant is
actually seeking an interpretation of the law which is not information as defined under Section
2(f) of the RTI Act. Yet the PIO has attempted to provide some answer. The PIO is advised to
provide information only from the records and not try and given his own interpretation and
clarifications unless they are the matter of records.
Decision:
The appeal is dismissed.
What is sought is not information as defined under Section 2(f) of the RTI Act.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
17 March 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj