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2021 Supreme(Online)(CIC) 3242
CENTRAL INFORMATION COMMISSION
Central Information Commission, ACJ
Sabina K. Shaikh – Appellant
Versus
CPIO, Deputy Secretary, President's Secretariat, RTI Section, New Delhi – Respondent
Second Appeal No. CIC/MOYAS/A/2019/111765
For the Appellants/Petitioners: Shri Khurset Mohammad Shaikh
For the Respondents: Shri Rajiv Kumar Singh, Shri R.K. Sharma, Shri Kulchandra Kumar
The right to information under the RTI Act does not extend to providing duplicates of certificates without express provision, especially when the matter has been previously decided.
Headnote:(A) Right to Information Act, 2005 - Sections 6(3) and 19 - Request for information regarding the issuance of a duplicate Rashatrapati Ranger Certificate leads to an appeal due to a lack of satisfactory response from the authorities - The CPIO suggests that there is no provision to provide a duplicate certificate signed by the President. (Para 7, 8)
(B) Constructive Res Judicata - The Commission notes that the matter has been previously addressed by the Commission, and further adjudication is barred on these grounds. (Para 10)
Facts of the case:
The Appellant sought information regarding her Rashatrapati Ranger Certificate, claiming the original was misplaced by the Bharat Scouts and Guides, leading to complications with her employment.
Findings of Court:
The Commission adjudicates that previous decisions on the matter prevent further review.
Issues: The main questions revolved around the validity and issuance process of the duplicate certificate and whether the information was satisfactorily provided.
Ratio Decidendi: The Court expressed that due to prior adjudication, reopening the matter was barred, highlighting procedural adherence essential in RTI appeals.
Result: The Second Appeal is disposed of.
O R D E R
Information sought:
The Appellant filed an RTI Application dated 19.03.2018. He specifically sought as under:
“Ref:- i) My Earlier application dtd. 29.10.2011 ii) Your office's letter No. P-1/A/3004120048 dtd. 30.04.2012.
iii) NSS section letter dtd. 11.06.2012 along with reply copy Bharat Scouts Guide, New Delhi.
I was attended Rashatrapati Testing Camp in the year 1998 also qualified exam, necessary Rashatrapati Ranger Certificate has been issued in favour me but same is misplaced by NHQ, BS & G New Delhi. Due to re-issue Rashatrapati Ranger Certificate my Scouts Incharge Surat Unit has competed all required necessary formalities i.e. affidavits copy submitted to National Head Quarter BS & G New Delhi to issue the duplicate Rashatrapati Ranger Certificate in favour me but In Duplicate Rashatrapati Ranger Certificate Hon'ble President Signature is not there only K.R. Narayan stamp and Signature of Shri L.M. Jain, National Commissioner New Delhi same is certificate received my scouts Incharge Surat Unit.
Now, I am working in Western Railway Mumbai Central so may peoples are complaining to Vigilance Department Churchage and my office regarding issue of Duplicate Rashatrapati Ranger Certifcate is Fake /Bogus.
(A) Hence, my earlier application dtd. 29.10.2011 address to Hon'ble President Pratibhatai Patil where in requested to issue the Original Rashatrapati Ranger Certificate in favour me which was misplaced by National Head Quarter, Bharat Scouts and Guide New Delhi.
In this regards necessary Reply has been received from President Office wherein it is stated that National Head Quarter Bharat Scouts and Guide shown their inability to issue original Rashatrapati Ranger Certificate but issued Duplicate Rashatrapati Ranger Certificate is by National Commissioner, New Delhi is authentic as per the Officiating Director, Rakesh Kumar Sharma (B) Also I am enclosing RTI application reply letter No. D-1-31/RTI-2011/3187/2011 dtd. 15.12.2011 addressed to my Husband Shri K. M. Shaikh at Sr. No. 1 to 26 wherein it is stated that Original Rashatrapati Ranger Certificate Misplaced by National Head Quarter BS & G New Delhi and indicating Gujrat States list of participating in Rashatrapati Ranger Testing Camp held at Jaipur From 01 Sept. to 05. Sept.1998 my names comes at Sr. No. 6 certified by Geeta Rawat Joint Director & Officiating Director, Rakesh Kumar Sharma.
Now, as per orders & instruction's of the Vigilance Department Churchgate, I have served the Charge sheet wherein it is stated that my appointment in the year 2002 on the basis of Fake Rashatrapati Ranger Certificate on supporting documents Bharat Scouts & Guides letter No. D-1-31/7017/2016-17 dtd. 30.03.2017 & letter No. D-1-31/2591/2017-18 wherein Krishaswami R., Officiating Director has stated that Sabina Shaikh do not appear in list of Rashatrapati Ranger of Gujrat State or any other state seen from records for the- year 1998 and 1999 & duplicate certificate obtained by them is an act need to be explored.
In view of the above, (A) & (B) reply recd. From President office & RTI-2005 how it can be change reply (Submitting Wrong reply to Vigilance Department Churchgate) contradictory by present Officiating Director, Krishanaswami R.
He has taken approval from president office and his superior Incharge as once reply given by R11-2005 can be change without any consultation advice of earlier Officiating Director.
Looking to above due to wrong replied by Krishanaswami K. Officating Director, BS & G New Delhi and it will be adverse effect my Job Sir, It is kindly requested to provide the correct Information and supply details and reply me.”
The CPIO vide letter dated 06.04.2018, transferred RTI application u/s 6(3) to CPIO, Ministry of Youth Affairs and Sports, New Delhi and endorsed a copy to the Appellant. Being dissatisfied, the appellant filed a First Appeal dated 26.05.2018, which has not been adjudicated by the First Appellate Authority.
Grounds for Second Appeal:
The Appellant filed a S
