CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01318 dated 29.10.2007
Right to Information Act 2005 - Section 19
Appellant - Shri Satya Narain Shukla
Respondent - Department of Personnel & Training (DoPT)
Facts
:
By an application of 26.6.07 Shri Satya Narain Shukla of Nirala Nagar,
Lucknow applied to the CPIO, DOPT seeking the following information:
“1. Photocopy of MHA letter no. 5/61/57-AIS (II) dated
22.11.1957.
2. Photocopy of MHA letter no. 27/28/64-AIS (III) dated
24.3.1966.
3. Photocopy of MHA letter no. 6/17/64-AIS (I) dated 8.4.1965.
4. Photocopy of MHA letter no. 15/79/65-AIS (III) dated
17.10.1966.
5. Photocopy of MHA letter no. 6/43/62-AIS (I) dated 2.9.1963
6. Photocopy of Note and orders in the file re. Constitution of
AIS /IPS in 1947.
7. Photocopy of note and orders in the file No. 14/39/65-AIS
(III) re. Government of power for inclusion of a post in the
cadre.”
In his response of 12.7.07 Shri Harish Rai, Desk Officer (Cadre) of the
DOPT replied as follows:
“It is intimated that the abstracts of the letters/ notes mentioned in
your above mentioned application have been included in the ‘All
India Services Manual (Volume II)’ which is available in this
Department’s website www.persmin.nic.in. The path is Acts and
Rules- All India Se4rvice (AIS) Rules- Revised All India Service
Rules (Vol.II) (Updated up to 31st October, 2005)- Indian
Administrative Service (Cadre) Rules, 1954. Photocopies of the
required pages of the ‘All India Manual (Volume II)’ can be obtained
from this Department by paying Rs. 2/- per page.”
Pleading that the information provided to him had not been provided in the
form in which he had sought the same, appellant Shri Shukla then moved a first
appeal before Director (Services) DOPT as follows:
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“(1) I had sought photocopies of the letter and notes and orders
in the file concerning the Central Government’s power
regarding inclusion of a post in the Cadre and NOT abstracts
thereof included in the Manual. The reply given by the CPIO
is, therefore, besides the point.
(2) Even this off the point reply did not indicate the number of
pages of the Manual covering the desired information to
enable me to make payment @ indicated in the letter,
though I had specifically requested in my application that the
amount payable may be informed on phone.
When I contracted the Desk Officer on phone on 30.7.2007, I was
told that the letters etc copies of which have been sought were not
available with him. In that case it was his duty to get the same from
the concerned officer. What is worse. I was also told that the
letters etc being more than 20 years old were not covered by the
RTI Act. Obviously, this reply is based on a totally wrong
understanding of Section 8 (3) of the RTI Act which says that more
than 20 years old information shall be provided subject to the
provisions of clauses (a), (c ) & (i) of sub-section (1), meaning
thereby that the exemption granted by other sub-clauses of sub-
section (1) is not applicable to such information. Hence, the excuse
given on phone for not providing the desired information is prima
facie absurd and untenable.
In this connection your kind attention is also invited to section 7 (6)
of the Act which provides that where the public authority fails to
comply with the time limits specified in sub-section (1), the
information shall be provided free of charge.”
After a detailed examination Shri Chetanya Prashad Director (Services) in
his order of 27.9.07 has given a considered decision as follows:
“1. Shri Harish Rai, CPIO and Section Officer shall provide
photocopy of MHA letter No. 27/28/64-AIS(III), dated
24.3.1966 and photocopies of required documents which are
available in ‘All India Service Manual (Vol II) to Shri S. N.
Shukla immediately.
2. As of now there is no change in the stand of the Government
mentioned in the ‘Frequently Asked Questions’ under the
Right to Information Act, 2005 on the website of the
Department of Personnel and Training that file notings are
not a part of information. The photocopies of the note sheet2
of the file No. 14/39/65-AIS (III) can only be provided to Shri
S. N. Shukla after a decision is take by the Central
Government in this regard.
3. Section 7 (6) of the RTI Act, 2005 provides that the person
making request for the information shall be provided the
information free of charge where a public authority fails to
comply with the time limits specified in the Act. In the instant
case, the CPIO Shri Harish Rai provided the information
whatever he has in his possession within the prescribed time
limit. However additional efforts have been made after filing
an appeal to procure the desired documents from ‘National
Achieves of India’. As such the file number 27/28/64-AIS(III)
was not held by Shri Harish Rai, CPIO at the time of the
application and was obtained from the National Archives of
India only at a later date, the provision of Section 7 (6) would
not apply in this case. The other documents specified in
point (1) above, should be supplied free of charge.
4. Shri Harish Rai shall intimate the number of pages of the
‘Correspondence’ side of the file no. 14/39/65-AIS (III) to
Shri S. N. Shukla immediately. Shri may obtain the
photocopies of desired number of pages of the
‘Correspondence’ side of the file No. 14/39-65-AIS (III) by
depositing the prescribed fee.”
Pleading that the view taken by First Appellate Authority “that the file noting
are not a part of the information”, appellant Shri Shukla has submitted as follows:
“The averment that photocopies of notices and orders in a file
cannot be made available as per the stand of the Government on
this issue is also not correct as the same have been made available
to the appellant in the following cases.
(i) Notes and order in the file relating to pay and allowances of
MPs.
(ii) Notes and orders in the file of the Election Commission.
Photocopies of the information supplied in the aforesaid
cases by the concerned Public Authority are annexed as
Annexure 5 to this second appeal.
That stand of the Department is also at variance with the practice in
the state government. No such objection has been raised for
supplying photocopies of Notes and orders part of the file. A few
samples are annexed as Annexure 6 to this second appeal.”
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His prayer before us in second appeal, therefore, is as under:
“1. set aside the decision in Para (2) of the order dated
27.9.2007 passed by the Appellate Authority as regards the
information sought mentioned in Para 1 above.
2. direct the CPIO to make available, free of charge, without
further delay the information mentioned in Para 1 above.
3. to impose penalty as provided in Section 20 (1) of the Act for
the unjustified refusal to provide the requisite information.”
The appeal was heard on 19.1.09. The following are present:
Respondents
1. Shri G.C.Pandey, US & CPIO
2. Shri Harjit Kaur Bamhrah, Dir. (S) / AA
3. Shri Harish C. Rai, Desk Officer Erstwhile CPIO
Although arrangements have been made for video conferencing with NIC
Lucknow and notice issued to appellant vide No. CIC/WB/A/2007/001318 of
29.12.2008, appellant Shri Shukla has opted not to be present.
DECISION NOTICE
The issue in this case is simply. the disclosure of file noting sought by
appellant Shri S. N. Shukla, and provision of the same to him free of charge. In
this matter the decision of this Commission is clear notably in Full Bench
Decision in Pyarelal Verma vs. Ministry of Railways Appeal
No.CIC/OK/A/2006/00154 of January 2, 2007, with subsequent rulings directing
removal of misleading information from the DoPT website.
As agreed by the respondents in the hearing information sought at Point 6
& 7 of Shri S. N. Shukla’s application of 26.9.07 will therefore, be provided to
him within 10 working days of the date of issue of this Decision Notice.
However, since this information was not provided in the time frame specified u/s
7(1) of the RTI Act, this will now be provided free of charge u/s 7 sub section
(6). With this the appeal is allowed.
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Announced in the hearing. Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
19.1.2009
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.
(Pankaj Shreyaskar)
Joint Registrar
19.1.2009
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