Central Information Commission Judgements

Mr.Nitesh Kumar Tripathi vs Ministry Of External Affairs on 11 August, 2011

Central Information Commission
Mr.Nitesh Kumar Tripathi vs Ministry Of External Affairs on 11 August, 2011
               CENTRAL INFORMATION COMMISSION
                Club Building, Opposite Ber Sarai Market,
                  Old JNU Campus, New Delhi - 110067.
                          Tel: +91-11-26161796

                                          Decision No. CIC/SG/C/2011/000903/14034
                                              Complaint No. CIC/SG/C/2011/000903

Complainant                                :      Mr. Nitesh Kumar Tripathi
                                                  Room No. 101
                                                  Boys Hostel
                                                  RIMS and R
                                                  Saifai Etawah
                                                  Uttar Pradesh-206301

Respondent                                 :      Public Information Officer

Ministry of External Affairs
O/o Joint Secretary
South Block
New Delhi-110001

RTI application filed on : 02/07/2011
PIO replied : 14/07/2011
Complaint filed on : 24/07/2011

Information Sought:

a) Detail of Indian land area occupied by Pakistan, China, Nepal, Bangladesh, etc.
and initiative taken for recovery of same since 2007 up to 2011.

b) What is the truth of investigation on Netaji Subhash Chndra Bose’s death and
expenses on this investigation till date?

c) How much area of land has been occupied by China in Kailash Mansarover Area
and initiative taken by the government over its return?

d) How many pilgrims have got permission for Kailash Mansarover yatra sice 2007
up to 2011 and amount collected by them and subsidy given and task taken by
government to them?

e) How many Indians returned back during exploitation in Arab countries in this
year and from which country they came back?

f) According to government records, how many Indian citizens and soldiers are in
foreign custody at present?

g) How many Indians have got free and how many foreigners have been freed from
India since 2007 up to 2011 (year wise) and their respective countries?

h) Please provide details of initiative taken by government during Hijack of Indian
plane in December 1999 and officers involving casualties, freed terrorist details
and initiative taken for home returning of Mr. Sarabjit Singh from Pakistan and
expenses on same?

Reply of the PIO:

Information sought is scattered in various divisions of the Ministry. Relevant
information needs to be compiled which would disproportionately divert the resources of
the public authority as provided under Section 7(9) of the RTI Act, 2005. Therefore, the
Appellant is advised to file individual RTI application(s) on specific subjects.

Grounds for Complaint:

Unsatisfactory and incomplete information provided by the PIO.

Observation by the Commission:

The Commission has observed that the reply provided by the PIO is inappropriate.
The PIO should have sought assistance under Section 5(4) of the RTI Act, 2005 of any
other officer as he or she considers it necessary for the proper discharge of his her duties.
There is no provision in the RTI Act requiring that different RTI applications must be
filed for each query. The denial of information by the PIO is without any basis in the law.

Decision:

The Complaint is allowed.

The PIO is directed to seek assistance under Section 5(4) or transfer
the RTI application to concerned public authorities under Section 6(3) of the
RTI Act, 2005 as he/she may think is appropriate before 30 August 2011,
who must provide information to the Appellant as per the provisions of the
RTI Act before 30 September 2011 with the copy to the commission.
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
11 August 2011.

(In any correspondence on this decision, mention the complete decision number.) (IN)