The Commission emphasized the obligation of public authorities under the RTI Act to provide timely information and ensure accountability for non-compliance by its own officials.

ORDER

Second Appeal No. CIC/CICOM/A/2023/643338

1. The Appellant filed an RTI application dated 25.06.2023 seeking information on the following points:

a) “All Diary Numbers of non-compliance / link letters filed by RTI Applicant after CIC order in CIC/NDMCH/A/2022/606053.

b) Wrt above diaries, please tell action taken by CIC.

c) All Diary Numbers of non-compliance / link letters filed by RTI Applicant after CIC order in CIC/DELJB/A/2022/629521.

d) Wrt above diaries, please tell action taken by CIC.

e) All Diary Numbers of non-compliance / link letters filed by RTI Applicant after CIC order in CIC/DLWEB/A/2021/629696.

f) Wrt above diaries, please tell action taken by CIC.

g) All Diary Numbers of non-compliance / link letters filed by RTI Applicant after CIC order in CIC/IRCTC/A/2020/673429.

h) Wrt above diaries, please tell action taken by CIC.

i) All Diary Numbers of non-compliance / link letters filed by RTI Applicant after CIC order in CIC/DGSTX/A/2020/684156.

j) Wrt above diaries, please tell action taken by CIC.

k) All Diary Numbers of non-compliance / link letters filed by RTI Applicant after CIC order in CIC/DSWGD/A/2022/650056.

l) Wrt above diaries, please tell action taken by CIC.”

1.1. The CPIO- IC(SP) replied vide letter dated 24.07.2023 and the same is reproduced as under:-

“Point No (i) 617974,627068,628082,649064,651882 654212,656677,658790 and 661628, Point No.(j) Non-compliance letters issued on = 18.5.2022 and 21.12.2022 and certified copy of compliance letter dated 9.1.2023 received from CPIO is enclosed.”

1.2. The Appellant filed a First Appeal dated 13.08.2023 contending as under:

“(1) Replying very belatedly CPIO took action on points g, h, k, l on 27-Jul-23. He issued letters and gave 10 days to both the CPIOs of CIC/IRCTC/A/2020/673429 and CIC/DSWGD/A/2022/650056. 16 days have passed and no reply has been received from either, yet Honble CIC has not taken follow up action by itself on defaulting CPIOs of IRCTC & DSWGD.

(2) This CPIO and other Honble CPIO has already attended to points e, f, i, j.

(3) No response and no action has been taken by this CPIO on points a, b, c, d..

Request Appellate to take note of point 2 and take appropriate action on points 1 & 3..”

1.3 Subsequently, the CPIO-IC(UM) replied vide letter dated 16.08.2023 stating as under:

“1 This is reference to your online RTI application File No. CICOM/R/E/23/00719/1 dated 25.06.2023

2 Point no. A,C,E,G,I The diary no. of all the documents/link paper submitted by appellant are generated by complaint instantly and forwarded to the appellant on mail/mobile instantly

3 Point B, D,L,G,I No such information is available on record

4 The matter of Non-Compliance are decided by CIC. The complaint for Non-Compliance are placed before CIC for approval /admittance and heard in chronological order. Whenever the turn of your application will come you will be informed accordingly will in advanced through speed post.”

1.4. The FAA vide order dated 05.09.2023 stated that:

“As per Section 2(f) of the RTI Act, 2005 only such information as is available and existing and held by the public authority or is under control of the public authority can be provided by a PIO. The PIO is not supposed to create or collate information that is not a part of the record. In the instant case, the grounds of appeal mentioned by the appellant in his First Appeal are beyond the purview of the First Appellate Authority, CIC.

Accordingly, the reply given by the CPIO is appropriate and as per the provisions of the RTI Act,2005. Hence, no intervention is required on behalf of the FAA in this matter.”

1.5 Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated Nil stating inter alia as under:

“Appeal CICOM/A/E/23/00312 was filed on 13-Aug-2023 against second CPIO as his belated reply was delinquent on 2 grounds. Sadly Appellate replying on 05-Sep-2023 did not find any issues with the CPIO reply.

Hon’ble CIC is requested to take note of violation of RTI Act by it