Central Information Commission
Appeal No.CIC/WB/A/2008/01113-SM dated 31.01.2008
Right to Information Act-2005-Under Section (19)
Dated: 24 April 2009
Appellant : Shri Vinod Kumar M. Nair
Respondent : Ministry of Defence
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Col. Anil B. Jamadar, ACE
(ii) Col. Sarvajit Singh, Col. (Per)
The brief facts of the case are as under.
2. They Appellant had requested the CPIO in his application dated 31
January 2008 for a large number of information on a variety of issues, some of it
in specific formats in a tabular form. The CPIO, in his reply dated 27 March
2008, that is, beyond the stipulated period, provided him with some
information/clarification item-wise. Not satisfied with the reply, the Appellant
preferred an appeal before the first Appellate Authority on 25 March 2008. On
behalf of the first Appellate Authority, the reply was sent to the Appellant on 7
April 2008 providing some more information. The Appellant was not satisfied
with the order of the first Appellate Authority and has come before the CIC in
Second Appeal.
3. During the hearing, both the sides were present and made their
submissions. We find that out of the many items of information sought by the
Appellant, several of them are by way of seeking confirmation/opinion on his
contentions/views while some others were to be given in a specific tabular
format. The Respondent submitted that the information sought in a specific
tabular format was not being maintained by the Public Authority in that format
and would have to be created out of several of its records and documents. While
the citizen has a right to get the information in the form in which he has sought
it, he cannot get the information unless it is maintained in that format by the
Public Authority. Since in this case, the Public Authority claims not to be
maintaining the information in that particular tabular format, we cannot compel
CIC/WB/A/2008/01113-SM
the CPIO to create this information in that particular format and provide to the
Appellant. Similarly, in all those cases where the Appellant had sought
confirmation of his views/opinions, the CPIO cannot be expected to provide
such confirmation. Seeking confirmation of a particular view or opinion is not
the same as seeking an information.
4. Having said this, we also find that the CPIO had denied some information
on the ground of confidentiality of the relevant document. Mere confidentiality
of the document is not enough ground to deny information unless it is covered
by one of the exemption provisions of Section 8 of the Right to Information (RTI)
Act. In this case, for example, the copy of the Board proceedings which the
Appellant had sought has been claimed to be a confidential document. The
Respondent did not come out with any evidence to show that that the Board
proceedings could be covered under any of the exemption provisions. In view of
this, we now direct the CPIO to provide the certified copies of the relevant
Board proceedings to the Appellant within 10 working days from the receipt of
this order, free of cost.
5. We also note that the CPIO did not respond to the Appellant within the
stipulated period of 30 days of receiving his application. Under Section 20 of the
Right to Information (RTI) Act, this would attract penalty. However, before
imposing any penalty on the CPIO, we would like him to explain why penalty as
provided in Section 20 of the Right to Information (RTI) Act should not be
imposed on him for the delay in providing information to the Appellant. If we do
not receive his explanation within 15 working days from the receipt of this
order, we will proceed to impose the penalty ex parte.
6. With the above directions, this appeal is disposed off.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
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.
(Vijay Bhalla)
Assistant Registrar
CIC/WB/A/2008/01113-SM