CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2009/000464
Appellant : Shri Rakesh Kumar
Public Authority : Delhi Development Authority
(through Shri A.K. Das, Dy. Director (Pers))
Date of Hearing : 22.7.2009
Date of Decision : 22.7.2009
Facts
By his letter of 3.11.2008, the appellant had wanted to know whether
notification dated 19.3.1988 (Part II – Section 3 (ii)) is applicable to DDA or not.
This notification provides for pay scales of certain categories of unskilled, semi
skilled and skilled workers. The CPIO had refused to answer ths query vide his
letter dated 10.12.2008 on the ground that the information sought did not fall in the
ambit of section 2 (f) of the RTI Act. The Appellate Authority had upheld the
decision of CPIO vide letter dated 16.2.2009.
2. Hence, the present appeal.
3. Heard on 22.7.2009. The appellant is not present. The public authority is
represented by the officer named above. He feebly justifies the order passed by the
CPIO & AA.
4. Clause (f) of section 2 is extracted below :-
(f) “information” means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data material
held in any electronic form and information relating to any private body
which can be accessed by a public authority under any other law for the time
being in force;
A bare reading of the above clause would indicate that ‘information’ has been
defined to mean any material in manual or electronic form which is inclusive of
records, documents, memos etc. The word ‘including’ occuring in this clause points
towards much wider spectrum of information than the nature and form of
‘information’ enumerated in this clause. Looked at from another angle, the type of
information mentioned in this clause can also be said to be only illustrative and not
exhaustive. In other words, the word ‘information’ defined in this clause needs to be
interpreted in a wider sense and not a restrictive one. Viewed, thus, the denial of
information by the CPIO and the Appellate Authority does not appear to be legally
sustainable. Even otherwise, going by robust commonsense, it would appear that
what the appellant wants to know is whether the pay-scales mentioned in the
notification are applicable to DDA or not. To say that this is not ‘information’ u/s
clause (f) would be travesty of justice and would tentamount to nibbling at the very
roots of RTI Act.
DECISION
5. In view of the above, the orders of the CPIO and the Appellate Authority are
set aside. The CPIO is hereby directed to inform the appellant whether the said
notification is applicable to DDA or not. He is, however, not required to give
reasons for applicability or otherwise of the said notification.
6. The order of the Commission may be complied with in two weeks time.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO of this
Commission.
(K.L. Das)
Assistant Registrar
Addresses of parties :-
1. Shri A.K. Das 2. Shri Rakesh Kumar
Dy. Director, 145, Patpar Ganj,
Delhi Development Authority, Delhi-110091
Vikas Sadan, INA,
New Delhi