{"id":146246,"date":"2010-07-08T00:00:00","date_gmt":"2010-07-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/mr-s-ganapathi-vs-president-secretariat-on-8-july-2010"},"modified":"2015-10-04T06:49:24","modified_gmt":"2015-10-04T01:19:24","slug":"mr-s-ganapathi-vs-president-secretariat-on-8-july-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/mr-s-ganapathi-vs-president-secretariat-on-8-july-2010","title":{"rendered":"Mr.S Ganapathi vs President Secretariat on 8 July, 2010"},"content":{"rendered":"
Central Information Commission<\/div>\n
Mr.S Ganapathi vs President Secretariat on 8 July, 2010<\/div>\n
                    CENTRAL INFORMATION COMMISSION\n                Appeal No. CIC\/WB\/A\/2009\/000431 dated 30.3.2009\n                  Right to Information Act 2005 - Section 19\n\n\nAppellant       -       Shri S. Ganapathi\nRespondent          -   President's Secretariat\n                Appeal heard & Decision announced: 8.7.2010\n\n\nFacts<\/pre>\n
:\n<\/p>\n
         By an application of 7.10.08, received in the President’s Secretariat on
\n13.10.08, Shri S. Ganapathi of Bommuru (Andhra Pradesh) applied to the CPIO,
\nPresident’s Secretariat seeking the following information:\n<\/p>\n
         “1.    NGOs (Non Govt. Organizations) Postal addresses, contact
\n                nos. that were attended “At Home Tea Party with our former
\n                President of India Dr. A. P. J. Abdul Kalam on the eve of
\n                Republic day \/ Independence day.<\/p>\n
2.              What is the procedure to have a look of President’s
\nSecretariat Library? When I visited on 30.1.08 Rashtrapati Bhawan, I had
\nasked the guide to show me the Library, but he has not shown.\n<\/p>\n
3.              I may be arranged a copy of the President of India take our
\ncharge and signature in the register along with the columns, after taking
\noath for the past period of 20 years as per RTI Act.\n<\/p>\n
4.              Month wise energy consumption from 4\/2008 to 9\/2008 for
\nthe President Secretariat with monthly maximum MD, monthly power
\nfactor maintained and the connected load as on 1st April, 2008, 2007 &
\n2006.\n<\/p>\n
5.              How many officers are on category -X, Category -Y,
\nCategory -Z under President Secretariat? It is reported me earlier that
\nformal request had been made to BEE to under take the Energy Auditing
\nof Residential Quarters. Has this job work was attended and implemented
\nBEE recommendations? How much load drop is expected tentatively?\n<\/p>\n
6.              A copy of the last test report of Energy Meter of Rashtrapati
\nBhawan and when it was done.\n<\/p>\n
7.              Is there any early program for commissioning of auto power
\nfactor regulator for maintaining power factor between .99 to unity like
\nseveral Govt. Organizations maintain (Western Railways, Singareni
\nCollieries, BSNL, Bangalore etc.) for a still better qualitative supply of
\nelectricity for this Building.\n<\/p>\n
8.              It is reported earlier by the appellate authority (for change of
\ndinning table) that there is a committee constituted to look into. I am
\ninterested in knowing the issues that came to the notice of the committee<\/p>\n
                                            1<\/span>
\n in 2007-08 and also as on date, and the Members details with
\nDesignations covered in the committee.\n<\/p>\n
9.            Bench Mark level of Rashtrapati Bhawan may be arranged.
\nIs it with Mumbai or Karachi MSL? At what height above this bench mark
\nat Ashoka Hall where British Govt. handed over charge to Indian Govt. on
\n15th August, 1947.\n<\/p>\n
10.           I am interested to have a look of register signing immediately
\nafter taking oath by our Presidents of India. I will be in Delhi from 20 th to
\n24th Oct. (except 21st & 22nd, I have to attend Indian Energy Conference,
\n2008 organized by World Energy Council – IMC) and I may be informed
\nby mail.”\n<\/p>\n
       To this, Shri S. Ganapathi received a pointwise reply dated 10.11.08 from
\nCPIO Shri Faiz Ahmad Kidwai, Rashtrapati Bhawan informing Shri Ganapathi as
\nfollows:\n<\/p>\n
       “Point 1       Required information cannot be provided as it is
\n              exempted under Sec. 8(1) (e) and 8(1) (j) of the RTI Act,
\n              2005.\n<\/p><\/blockquote>\n
       Point 2        President’s Secretariat Library is exclusively for the
\n              use of President and President’s Secretariat.
\n       Point 3        Desired information containing five pages is enclosed
\n              herewith.\n<\/p><\/blockquote>\n
       Point 4        The month wise energy consumption for the period
\n              from 4\/2008 to 9\/2008 is enclosed herewith. The maximum
\n              demand parameter and PF maintained for the period cannot
\n              be provided as the same are not available on H.T. meters
\n              provided by the New Delhi Municipal Corporation.
\n       Point 5        The number of ‘X’, ‘Y’ & ‘z” category officers in
\n              Rashtrapati Bhawan at present are 23, 16 and 4
\n              respectively. As regards energy auditing of residential
\n              quarters, the same work is being carried out by BEE, which
\n              is in progress.\n<\/p><\/blockquote>\n
       Point 6        The licensing authority, NDMC, usually submits the
\n              energy meter testing certificate only in case the same testing
\n              is requested by consumer. Otherwise the test report is kept
\n              at their end. Hence the energy meter test report cannot be
\n              made available.\n<\/p><\/blockquote>\n
       Point 7        The work of providing auto power factor regulator is
\n              being undertaken by President’s Estate Electrical Division,
\n              CPWD, Rashtrapati Bhawan and the same is expected to be
\n              completed by Feb. \/March, 2009
\n       Point 8        The details of members of the committee are:\n<\/p><\/blockquote>\n
              1.         Shri Charles Correa, Chairman, Delhi Urban Arts
\n                          Commission       – Chairman<\/p>\n
                                         2<\/span>\n<\/p><\/blockquote>\n
               2.         Prof. Mohammed Shaheer, Member, DUAC\n<\/p><\/blockquote>\n
                             -Member\n<\/p><\/blockquote>\n
              3.          Smt. Sunita Kohli, Expert in Interior Decoration-\n<\/p><\/blockquote>\n
                          Member\n<\/p><\/blockquote>\n
              4.          Smt. Mohini Menon, President, External Affairs
\n                          Spouses Association – Member.\n<\/p><\/blockquote>\n
              5.          Smt. Vijay Thakur Singh, Social Secretary-cum-\n<\/p><\/blockquote>\n
                          Joint Secretary to the President      -     Member\n                          Secretary\n       Point 9        Bench Mark level of Forecourt is 729'-9\" and level of\n<\/pre>\n
              Darbar Hall \/ Ashoka Hall is 19′.1″ above this level, hence
\n              Bench Mark Level of Darbar Hall \/ Ashoka Hall is 748′-10″.
\n              Reference point is not mentioned in the drawing.\n<\/p><\/blockquote>\n
       Point 10       As regards showing of oath register of the President,
\n              it cannot be permitted as putting it on public display for every
\n              petitioner hereinafter will lead to wear and tear. Therefore
\n              this request is hereby rejected under Sec. 7(9) of the RTI
\n              Act, 2005.”<\/p><\/blockquote>\n
       Aggrieved, however, with part of the response, Shri Ganapathi moved an
\nappeal before Internal Financial Adviser, Rashtrapati Bhawan dated 9.12.08, as
\nfollows:\n<\/p>\n
       “1.     I prefer my First Appeal on the partial replies I received. The
\n               CPIO has not arranged information for my question 1 stating
\n               that it exempted under sec. 8(1) e and 8(1) j of the RTI Act
\n               2005. NGOs are the only organizations who move first for
\n               any natural calamity for arranging assistance for the needy
\n               people, may it be medical assistance, later arranging
\n               drinking water and bread slice etc. before Govt. machinery
\n               act. Even our former President of India, Dr. A. P. J. Abdul
\n               Kalam had also said this, which came to media next day of
\n               that programme (at Home Tea Party) to leading NGOs that
\n               were invited. Even GOI donates to the interested NGOs
\n               from Public fund. In such cases how rule 8(1) (e) and 8(1) (j)
\n               are applicable as confidential. Hence the information may
\n               be arranged as this is not under National Secret matter.\n<\/p><\/blockquote>\n
       2. It is the interest shown on President’s Secretariat library to have
\n               a look. In the long 45 years of my journey, I had the
\n               occasion to have a look and spend some time at different
\n               IITs, NITs & other leading organizations. When a person
\n               has come as a visitor to Rashtrapati Bhawan, to allow 5 to
\n               10 minutes our President’s Secretariat Library at least to the
\n               interested visitors who feel happy, may be considered.\n<\/p><\/blockquote>\n
                                         3<\/span><\/p>\n
       3. For question 8, members of committee are given.           But the
\n            issues came to the notice of the committee during 2007-08
\n            and also as on that day of my question (7.10.08) have not
\n            arranged hence these may be arranged.\n<\/p><\/blockquote>\n
      4. For question 9, bench mark level as on date may be clarified
\n            with reference to Karachi or Mumbai.\n<\/p><\/blockquote>\n
      5. For question 10, all the oath papers can be exhibited at least for
\n            visitors in lock and key on drawing board taking all
\n            precautionary measures to safeguard the record and also to
\n            have a present look of our former President’s signatures.
\n            The visitors take much interest and also much pain to visit
\n            this prestigious Rashtrapati Bhawan from all corners of our
\n            country and even from abroad to enjoy the beauty and glory
\n            of this building. Hence RTI Act 2005, Sec 7(9) may not be
\n            made applicable for a look of this record at least for Sr.
\n            Citizens and Foreigners.”<\/p><\/blockquote>\n
      Upon this Ms. Rasika Chaube, Internal Financial Adviser and Appellate
\nAuthority in her order of 10.2.09 came to the following conclusion:\n<\/p>\n
      “I find that the replies given by the CPIO are as per the questions
\n      raised by the appellant. As regards Point No.1 since the appellant
\n      had asked for the name of the NGOs who had attended the At
\n      Home, their postal address and contact number, the same was
\n      denied by the CPIO stating that the same was exempt under Sec.
\n      8(1) (e) of the RTI Act 2005. The reply given by the CPIO is in
\n      order since this is covered under ‘fiduciary relationship’ and hence
\n      rightly denied under sec. 8(1) (e) of the RTI Act. As regards point
\n      No. 2, since the appellant had asked for the procedure to look at
\n      the President’s Secretariat Library, the CPIO had correctly informed
\n      that the President’s Secretariat Library is exclusively for the
\n      President and the President’s Secretariat staff. However, now in
\n      the appeal the appellant has brought out that the request was a
\n      suggestion and that the visitors who come to Rashtrapati Bhawan
\n      could be allowed to see the library as a part of the tour, this will
\n      have to be considered separately and cannot be replied to as a part
\n      of the RTI. As regards point No. 9, the benchmark level asked for
\n      and available in Rashtrapati Bhawan records has been supplied to
\n      him and the information with reference to Karachi and Mumbai will
\n      not be possible to give as the same does not exist in the record and
\n      cannot be created by the CPIO. As regards point No. 10 indicated
\n      in the RTI application, the appellant had stated that he wanted to
\n      have a look at he register wherein the President sign after taking
\n      oath. In the light of this query, the CPIO had forwarded copies of
\n      the document keeping in mind the importance of the document and
\n      that physical display of the same can lead to wear and tear. It now<\/p>\n
                                        4<\/span>
\n        turns out from the appeal that the desire of the appellant was
\n       actually in the form of a suggestion to exhibit such documents for
\n       the visitors. As mentioned earlier these issues will be examined
\n       separately and cannot be dealt with under the RTI Act.”\n<\/p><\/blockquote>\n
           Appellant Shri S. Ganapathi’s prayer before us in second appeal is as
\nfollows:\n<\/p><\/blockquote>\n
       “NGOs contact information need not be kept secret in true
\n       spirit to our RTI Act 2005, effective operation. NGOs like
\n       Rotary Club, Lions Club etc. are to jump when people are in
\n       panic like said above. Hence my request may be considered
\n       and information for Q.1 may be arranged.\n<\/p><\/blockquote>\n
       The issues came to the notice of the Committee for Q.8. The
\n       mentioned details and Appellate Authority also has not
\n       touched the point 8 for second part. Hence I requested the
\n       Central Information Commissioner for arranging the
\n       information that is in need adequately.”<\/p><\/blockquote>\n
       Put briefly, therefore, appellant Shri Ganapathi has sought a response to
\nquestion No. 1 and to that part of question No. 8 which has remained, in his view,
\nunanswered. The appeal was heard on 8.7.2010 by videoconference.              The
\nfollowing are present:\n<\/p><\/blockquote>\n
       Appellant at NIC Studio, East Godavari
\n             Shri S. Ganapathi
\n       Respondents at NIC Studio, Rashtrapati Bhawan
\n             Ms. Rasika Chaube, Appellate Authority
\n             Shri Faiz Ahmad Kidwai, CPIO<\/p>\n
       CPIO Shri Faiz Ahmad Kidwai submitted that this list of invitees has been
\ntreated as private because this is a list of the President’s personal invitees
\nselected from among the members of the public. Besides the list has remained
\nuniform and, therefore, its disclosure could pose a security threat for some if
\nplaced in the public domain.      He also submitted that in an earlier case, this
\nmatter was referred to the Ministry of Law & Justice, which has opined in support
\nof this argument.<\/p><\/blockquote>\n<\/blockquote>\n
                                         5<\/span><\/p>\n
        Appellant Shri S. Ganapathi on the other hand submitted that there are
\nthousands of NGOs across the country. He wishes to know only of those as
\ncommand the status that will merit an invitation from the Rashtrapati Bhawan, to
\nwhom he could turn to guide persons suffering from calamities to appeal to in a
\ntime of distress. Respondent Ms. Rasika Chaube, Appellate Authority then
\nclarified that the list of invitees is not maintained according to NGOs, much less
\nsuch NGOs as operate in times of national calamity. The objective of appellant
\nShri Ganapathi, therefore, cannot be met by providing him the list asked for, and
\nthis request serves no public interest. Moreover, scrutinizing the list to identify
\nthose invitees who come from NGOs would divert the resources of the
\nPresident’s Secretariat towards gleaning such a list from its records.<\/p><\/blockquote>\n
       On the question of providing information on “the issues that came to the
\nnotice of the Committee”, which is the part of question No. 8 has not been
\nprovided, CPIO Shri Kidwai readily conceded that this information has been
\ninadvertently missed and will be provided forthwith.\n<\/p>\n
                            DECISION NOTICE<\/p>\n
       A copy of the opinion of the Ministry of Law & Justice regarding the
\ndisclosure of the names of the invitees to the “at Home” tea party of the
\nPresident’s Secretariat has been received from President’s Secretariat and
\nplaced on file. According to this, Ministry of Law & Justice through Govt. Counsel
\nhas in its noting of 6.3.’07 addressed to the Secretary to the President, opined as
\nfollows:\n<\/p>\n
       “It has inter-alia been stated by the President’s Secretariat that the
\n       invitation is extended by the President of India and it would be his
\n       discretion to request the pleasure of the company of any invitee.
\n       The recommendations, if any, for invitation would also be covered
\n       under the ‘fiduciary relationship’ or confidentiality as a fiduciary
\n       relationship includes not only legal and technical relations but
\n       extends to every possible case in which a fiduciary relationship
\n       exists in fact and to which there is confidence reposed on one side
\n       and relating domination and influence on the other. Disclosure of<\/p>\n
                                         6<\/span>
\n       this information would invade the privacy of such recommenders.
\n      President Secretariat is of the view that the Information sought by
\n      Shri Nair cannot be supplied to him in he light of Sec.8 (1) (e) and\n<\/p><\/blockquote>\n
      (j) of the RTI Act 2005.\n<\/p><\/blockquote>\n
      In pursuance to our note dated 15.2.2007 Department of Personnel
\n      & Training has examined the matter and is of the view that
\n      information sought by Shri G. K. Nair is exempted under Sec. 8(1)\n<\/p><\/blockquote>\n
      (j) of the RTI Act. It has inter alia been stated that the President is
\n      also an individual and has a right to privacy. DOPT observed that
\n      “who except the official invitees, should be invited to the “At Home
\n      function” is a private affair of he President which has no relationship
\n      with any public activity or interest. Disclosure of this information
\n      would amount to unwarranted invasion of the privacy of the
\n      President. No larger public interest would be served by disclosure
\n      of this information. Extension of invitation to the private individuals
\n      is the discretion of the Hon’ble President and that discretion should
\n      not be subject matter of public scrutiny.”<\/p><\/blockquote>\n
      On this basis Ministry of Law & Justice has advised the President’s
\nSecretariat to “decline the information sought”. However, in the present case, as
\nis clear from the discussions in the hearing, what Shri Ganapathi is seeking is a
\nreliable list of such NGOs that can be relied upon in times of calamity. For this,
\nthe appropriate authority from whom to obtain such information is the National
\nDisaster Management Authority.      Shri S. Ganapathi is advised to move an
\napplication with CPIO Shri S. S. Yadav, Director & Jt. Adviser, National Disaster
\nManagement Authority, A-1, Safdarjung Enclave, New Delhi to obtain the
\ninformation required. The present application is not transferred to the CPIO,
\nNDMA because its wording is not conducive to obtaining the response that Shri
\nGanapathi seeks.\n<\/p>\n
      On the response to question No. 8 being incomplete, the appeal of
\nappellant Shri S. Ganapathi is allowed.     The information sought will now be
\nprovided to him by CPIO Shri Faiz Ahmad Kidwai by speed post within ten
\nworking days of the receipt of this Decision Notice. The appeal is thus allowed in
\npart. There will be no costs.\n<\/p>\n
                                        7<\/span><\/p>\n
        Announced in the hearing. Notice of this decision be given free of cost to
\nthe parties.\n<\/p>\n
(Wajahat Habibullah)
\nChief Information Commissioner
\n8.7.2010<\/p>\n
Authenticated true copy. Additional copies of orders shall be supplied against
\napplication and payment of the charges, prescribed under the Act, to the CPIO
\nof this Commission.\n<\/p>\n
(Pankaj K.P. Shreyaskar)
\nJoint Registrar
\n8.7.2010<\/p>\n
                                        8<\/span>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Central Information Commission Mr.S Ganapathi vs President Secretariat on 8 July, 2010 CENTRAL INFORMATION COMMISSION Appeal No. CIC\/WB\/A\/2009\/000431 dated 30.3.2009 Right to Information Act 2005 – Section 19 Appellant – Shri S. Ganapathi Respondent – President’s Secretariat Appeal heard & Decision announced: 8.7.2010 Facts : By an application of 7.10.08, received in the President’s Secretariat […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[39,1],"tags":[],"class_list":["post-146246","post","type-post","status-publish","format-standard","hentry","category-central-information-commission","category-judgements"],"yoast_head":"\nMr.S Ganapathi vs President Secretariat on 8 July, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/mr-s-ganapathi-vs-president-secretariat-on-8-july-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Mr.S Ganapathi vs President Secretariat on 8 July, 2010 - 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