Give opportunity of hearing during second appeal
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By garg0505
On 14.03.2018 a complaint was filed under RTI Act,2005 with CIC under section 20(1), on the grounds that the CPIO did not provide the information despite the orders of FAA.
During the hearing the respondent CPIO of PMO office submitted that information had been provided to complainant vide letter dated 01.03.2018 through speed post.
Whereas, the information wasn't received by me and after having hearing submission of both the parties and persuing the records the commission directs the respondent to resend the letter dated 01.03.2018 alongwith the proof of its dispatch including tracking number to the complainant within two weeks. Furthermore my complaint have been disposed of.
The CPIO of PMO has coplience the orders of CIC and now I received the information alongwith proof of dispatch on 05.07.2019.
Since the copy of reply furnished by CPIO of PMO is unprincipled and immature, & very much fishy. Therefore, expert advice is needed on the following issues
1. Can I still file my appeal against the reply of CPIO of PMO in the event of disposed of my complaint in CIC orders.
For your convenience I am enclosing the CIC orders.
.CIC Order on PMO CPIO
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By Shrawan
Central Information Commission
Decision No.285/IC(A)/2006
F. No.CIC/MA/A/2006/00653
Dated, the 20th September, 2006
Name of the Appellant : Sh. Pradipta Dutta, B-141 Chittaranjan Park, New Delhi – 110 019
Name of the Public Authority: Directorate of Income Tax (Legal & Research) (DIT), 3rd floor, Drumshaped Building, I.P.Estate, New Delhi- 110 002. DECISION
Facts of the Case:
The appellant had sought certain information in the form of queries, whichhave been duly responded by the CPIO and the appellate authority as well. Hehas however filed an appeal before the Commission against the reply of theappellate authority and prayed that the CPIO of DIT (L&R) be directed to furnishinformation with respect to his following queries:
“Kindly inform why ITOs have been posted at DIT (L&R) even though there is no corresponding post in the same pay-scale at ITJSection, CBDT. What functions are the ITOs expected to discharge at DIT (L&R)?
Kindly inform why ITOs at DIT (L&R) are being forced, under threat of disciplinary action, to perform the functions of an Asstt.Commissioner without being paid officiating pay.â€
Commission’s Decision:
In its oft-repeated decisions, the Commission has advised the informationseekers that they ought not seek the views and comments of the CPIO on the questions asked by them. Yet, in the garb of seeking information mainly for redressal of their grievances, applications from requesters are filed. The CPIO’s in turn, have also ventured to answer them. Thus, the information seekers as providers have erred in interpreting the definition of information.
A CPIO of any public authority is not expected to create and generate a fresh, an information because it has been sought by an appellant. The appellant is, therefore, advised to specify the required information, which may be provided, if it exists, in the form in which it is sought by him.
The information sought relate to duties and responsibilities of ITOs deployed at different locations and the salary or compensation paid to them.Under Section 4(1) of the Act, all the public authorities are required to disclose such information as above. Had it been done by the respondent, the CPIO could have informed the applicant about the source where from he could have obtained the information. The need for filing application for information and this appeal could have thus been avoided. In pursuance of the principle of maximum disclosure, as u/s 4(1) of the Act, the CPIO is directed to disseminate the information so that in future, such applications are minimized.
The appeal is accordingly disposed of.
Sd/-
(Prof. M.M. Ansari)
Information Commissioner
Download the Decision from Download segment.
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