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2024 Supreme(Online)(CIC) 4343
CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
Veena Ranna Naregal – Appellant
Versus
University of Delhi – Respondent
CIC/UODEL/C/2023/622870
Public authorities are not obligated to provide information that does not exist, as per the RTI Act, 2005.
Headnote:(A) Right to Information Act, 2005 - Section 8 - The complainant sought information regarding meetings of statutory bodies at IEG, alleging incomplete responses from the CPIO. The Commission found that the information sought did not exist, and the respondent had complied with the FAA's order. (Paras 1.1, 5, 6)
(B) Public Authority Obligations - A public authority is not obliged to create or collate information that is not available. The law is settled that non-availability of information absolves the authority from the obligation to provide it. (Paras 5.1, 6)
Facts of the case:
The complainant filed multiple RTI applications seeking information on meetings and decisions of statutory bodies at IEG, claiming the responses were misleading and incomplete. The respondent stated that the requested information did not exist.
Findings of Court:
The Commission confirmed that the information sought was not available and that appropriate replies were provided by the respondent.
Issues: The main issues were whether the information sought existed and if the respondent had fulfilled their obligations under the RTI Act.
Ratio Decidendi: The court ruled that public authorities are not required to create or collate non-existent information, and the respondent had adequately responded to the complainant's requests.
Result: Complaints are closed.
ORDER
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Complaint No. CIC/UODEL/C/2023/622965
1. The Complainant filed an RTI application dated 10.11.2022 seeking information on the following points:
- (i) Please provide full information on all correspondence and other notifications to share information with faculty, Units, staff and other stakeholders re: items listed on the agenda for meetings of the following statutory bodies at IEG held after July 1, 2019, to date.
- a. Committee for Finance and Administration, b. Board of Governors, c. Board of Trustees, IEG (ii) Please provide full information on all correspondence and other notifications to share information with faculty, Units, staff and other stakeholders re: deliberations/ decisions/ resolutions passed at/ minutes for meetings of the following statutory bodies at IEG held after July 1, 2019, to date.
- a. Committee for Finance and Administration, b. Board of Governors, c. Board of Trustees, IEG 1.1. The CPIO replied vide letter dated 09.12.2022 and the same is reproduced as under:- “Point (i) [a, b & c] – The finance and accounts section is not dealt with information sought in this para. Point (ii) [a, b & c] - The finance and accounts section is not dealt with information sought in this para.” 1.2. Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 13.12.2022 alleging that the information provided was incomplete, false and misleading. The FAA order, if any, is not available on record. 1.3. Aggrieved with the non-receipt of any FAA’s order, the Appellant approached the Commission with the instant Complaint dated 16.04.2023. Complaint No. CIC/UODEL/C/2023/622870
2. The Complainant filed an RTI application dated 10.11.2022 seeking information on the following points:
- (i) Please provide full information on name(s) of person(s)/ Section(s) entrusted with the responsibility of drafting of Agenda Papers for a. Meeting[s] of the Committee for Administration and Finance [CAF], IEG held after July 1, 2022.
- b. Meeting[s] of the Board of Governors [BoG], IEG held after July 1 to date. c. Meeting[s] of the Board of Trustees [BoT], IEG held after July 1 to date. (ii) Please provide full information on all items, including annexures, documents, copies of correspondence and all other additional information tabled as part of/ in relation to the agenda in the meetings of the a. Committee for Finance and Administration, held after July 1, 2022, to date. b. Board of Governors, held after July 1, 2022, to date. c. Board of Trustees, IEG, held after July 1, 2022, to date. (iii) Please provide full information on name(s) of person(s)/ Section(s) entrusted with the responsibility of drafting and finalization of Minutes for a. Meeting[s] of the Committee for Administration and Finance [CAF], IEG held after July 1, 2022.
- b. Meeting[s] of the Board of Governors [BoG], IEG held after July 1 to date. c. Meeting[s] of the Board of Trustees [BoT], IEG held after July 1 to date. (iv) Please provide full information on the draft and finalized Minutes for all meetings of the a. Committee for Finance and Administration b. Board of Governors c. Board of Trustees, IEG, held after July 1, 2022, to date. 2.1. The CPIO replied vide letter dated 09.12.2022 and the same is reproduced as under:- “I am writing to inform you that a reply received from the concerned section is enclosed.” In this connection it is stated that the said enclosed has not found in the e-file.
2.2. Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 13.12.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 16.01.2023 directed the PIO to provide information on the queries raised by the applicant as provisions of RTI Act, 2005. In pursuance to the FAA’s order, the CPIO replied vide letter dated 08.02.2023 and the same is reproduced as under:
- “With reference to your appeal dated December 13 2022, I am writing to inform you that you can inspect the records o
