CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SM/C/2011/000144/SG/12545
Complaint No. CIC/SM/C/2011/000144/SG
Complainant : Ms. Anjani Kumar Karn,
V. P. O. Andhradhadhi,
Block- Andhradhadhi,
Via Jhanjharpur,
District Madhubani,
Bihar
Respondent : Central Public Information Officer &
Additional Registrar,
Supreme Court of India,
New Delhi
Facts
arising from the Complaint:
The Complainant filed a RTI application with the CPIO on 26/08/2010 (“RTI
Application 1”). The CPIO, vide letter dated 24/09/2010, replied as follows:
“…it is beyond the jurisdiction and scope of the duties of the CPIO, Supreme
Court of India under the Right to Information Act, 2005 to interpret the law,
judgments/ orders of this Hon’ble Court or of any other Court, to give
explanation, opine, comment or advise on matters. Your request is not covered
under Section 2(f) of the Right to Information Act, 2005 and cannot be acceded
to.”
Further, the Complainant also filed a RTI application with the CPIO on 29/07/2010
(“RTI Application 2”). The CPIO, vide letter dated 10/08/2010 replied as follows:
“… application fee of Rs. 10/- either in cash or by way of Indian Postal Order or
by Money Order or Demand Draft drawn in favour of Registrar/ Accounts
Officer, Supreme Court of India is required for seeking information under the
Right to Information Act, 2005 and not by way of non judicial stamp papers. Your
application is defective.”
Dissatisfied with the information provided by the CPIO in both instances, the
Complainant filed a Complaint under Section 18 of the RTI Act with the Commission.
On perusal of the papers, the Commission observed that as regards RTI Application 1, the
Complainant has not sought “information” as defined under Section 2(f) of the RTI Act
i.e. any material in any form. Therefore, the Commission is satisfied with the reply of the
CPIO dated 24/09/2010.
Further, Section 6(1) of the RTI Act stipulates that a person who desires to obtain any
information from a public authority shall make a request in writing along with the
prescribed fees. Rule 3 of the Right to Information (Regulation of Fee and Cost) Rules,
2005 (the “RTI Rules”) lays down that a request for information under Section 6(1) of
the RTI Act shall be accompanied by an application fee of Rs. 10 by way of cash against
proper receipt or by demand draft or banker’s cheque or IPO payable to the Accounts
Officer of the public authority. In view of the same, the CPIO, vide letter dated
10/08/2010, has rightly rejected RTI Application 2.
Decision:
The Complaint is dismissed.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
May 26, 2011
(In any correspondence on this decision, mention the complete decision number.)(DG)