CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2008/00734
Dated, the 26th November, 2008.
Appellant : Shri V. Rajagopalan
Respondents : Visakhapatnam Port Trust
This matter came up for hearing on 25.11.2008. Appellant was absent in
response to Commission’s notice dated 26.09.2008, while the respondents were
present through Shri K.V. Gupta, FA & CAO.
2. The point raised in the RTI-application dated 13.02.2008 of the appellant
was a query as to why the public authority, viz. Visakhapatnam Port Trust in this
case ⎯ failed to take disciplinary action against one, Shri B. Vijaya Sagar,
Docks Manager as per Regulation-17 of VPE (Conduct) Regulations, 1964.
3. The Appellate Authority, through his order dated 16.04.2008, rejected the
application on the ground that appellant’s query did not fall within the scope of
Section 2(f) of RTI Act.
4. The information solicited by the appellant is clearly beyond the scope of
Section 2(f) of the RTI Act being an enquiry about why the public authority has
not taken a certain action against a certain employee, who is the third-party in
this matter. RTI Act does not authorize applicants to ask this variety of
explanatory and interrogative queries.
5. Consistent with Commission’s decisions in Kamal C. Tiwari Vs. Ministry
of Defence; Appeal No.CIC/AT/A/2006/00360; Date of Decision: 23.11.2006 and
Subhash Chandra Vs. Income Tax Department; Appeal Nos.CIC/AT/A/
2007/00190 & F.No.CIC/AT/A/2007/00291; Date of Decision: 8.6.2007, it is
held that respondents are within the right to refuse to disclose the requested
information.
6. Appellate Authority’s order is upheld. Appeal closed.
7. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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