The RTI Act does not allow for the provision of clarifications or opinions; it strictly governs the disclosure of existing information held by public authorities.

Headnote:(A) Right to Information Act, 2005 - Sections 2(f) and 6(1) - RTI applications filed by the appellant seeking information regarding pay fixation methodology and related clarifications were responded to by the CPIO, who stated that the information sought was either not available or clarificatory in nature. The First Appellate Authority upheld the CPIO's responses, stating that the RTI Act does not permit the provision of opinions or clarifications outside the material information held. The Commission found that the CPIO had adequately responded to the RTI requests and that the appellant's grievances were outside the purview of the RTI Act. (Paras 1, 2, 3, 4, 5, 6)

(B) The Commission reiterated that the RTI Act is not a tool for resolving disputes regarding legal rights or grievances of the appellant regarding non-receipt of higher pension. The CPIO's role is limited to communicating information held in records, not creating information based on the appellant's desires. (Paras 7, 8, 9)

Table of Content
1. facts of the case and timeline of events. (Para 1 , 2 , 3 , 4)

Information sought:

The Appellant filed an RTI application (offline) dated 30.09.2023 seeking the following information:

“1. Kindly provide complete pages of both files noting's (Electronic file noting's and Physical file noting's) of the file bearing number 12-09/2021 - Ε.ΙΙΙ-A for the period 01.03.2022-31.08.2023 along with complete correspondence portions too.

2. Kindly provide all and complete ID Notes submitted by DARE ICAR MOA & FW, Krishi Bhavan, New Delhi to GOI, MOF, DIE, E-III (A) Branch regarding clarification for granting initial minimum pay fixation raise of 14.29% to doctors (with respect to me) in 7th CPC with complete copies of letters / documents, orders, Clarification and annexures sent to DARE ICAR MOA & FW, Krishi Bhavan during the period 01.03.2022 31.08.2023.

3. The GOI, MOF, DOE, (IC 7th CPC) vide OΜ. ΝΟ. 4-8/2017-IC dated 14.7.2017 (Copy attached) conveyed clarification to GOI, MOR for fixation of pay of running staff's category employees Drawing Running Allowance in Indian railways to the next higher cell of the relevant level of pay matrix, in cases where the actual raise in pay at the time of initial fixation works out to be less than 14.29% in accordance with GOI, MOF, IC, Resolution, Para 12 dated 25.7.2016.

4. Kindly provide orders, OMs, Clarifications, Resolutions, Notifications, Guidelines & Procedures vide which 7th CPC provisions conveyed by the GOI, MOF, DOE, (IC 7th CPC) vide OM. NO. 48/2017 IC dated 14.7.2017 in accordance with GOI, MOF, IC, Resolution, Para 12 dated 25.7.2016 is not applicable to Doctors drawing NPA in DARE - ICAR organization to the next higher cell of the relevant level of pay matrix , in cases where the actual raise in pay at the time of initial pay fixation works out to be less than 14.29 % even strictly followed recommended methodology of 7th CPC pay fixation in case of Doctors 7 (1) (B) (i) (ii) of CCS (RP) rules, 2016.”

The CPIO furnished a reply to the Appellant on 26.10.2023 stating as under:

“1. With respect to the information sought in your RTI application, you are requested to deposit Rs. 176 [Rs. 2 per page X 88 Pages (17 of Note +71 of Correspondence)] (Pages 32-48 of Noting and Pages 115-185 of Correspondence of File No. 12-09/2021-E.III.A) with this Department, via demand draft or banker cheque or Indian Postal Order payable to the Section Officer, Department of Expenditure (Ministry of Finance), North Block, New Delhi, to provide the desired information.

2. The information sought pertains to Department of Agricultural Research and Education and therefore, a copy of your RTI applications is forwarded to the CPIO concerned to provide the information, if any, directly to you.

3. No information has been sought in this point.

4. It is sated that as per RTI Act, 2005, the Public Authority is supposed to furnish only such information which is available in a material form. CPIO is also not supposed to give opinion/advice or to solve problems/queries/clarifications/interpretations/inferences/ assumption raised by the applicant or to deduce conclusion from the information held by it, under RTI Act. Since the desired information does not conform to Section 2(f) of RTI Act 2005, the information in this regard may be treated as Nil.”

Being dissatisfied, the appellant filed a First Appeal dated 29.10.2023. The FAA vide its order dated 24.11.2023, held as under.

“I have perused the RTI applications dated 30.09.2023, the reply of the CPIOΟ (Ε.ΙΙΙ.Α) dated 26.10.2023 and the RTI appeals dated 29.10.2023. The appellant has not sought any personal hearing. The CPIO (E.III.A) has rightly provided point-wise reply vide reply dated 26.10.2023 on each part of the RTI. Further, the CPIO (E.III.A) has provided copy of Note and correspondence of File No. 12-09/2021-E.III.A vide his reply dated 09.11.2023. However, as the RTI applications were forwarded to Department of Agriculture Research and Education (DARE), th

Click Here to Read the rest of this document

2025 Supreme(Online)(CIC) 1764

CENTRAL INFORMATION COMMISSIONVinod Kumar Tiwari, ICS L SISODIYA – AppellantVersusCPIO, Department of Expenditure, E.III.A Branch, North Block, New Delhi – RespondentCIC/DOEXP/A/2023/654830 | CIC/DOEXP/A/2023/654958 | CIC/DOEXP/A/2023/654956 | CIC/DOEXP/A/2023/654981

The RTI Act does not allow for the provision of clarifications or opinions; it strictly governs the disclosure of existing information held by public authorities.

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
S L SISODIYA – Appellant
Versus
CPIO, Department of Expenditure, E.III.A Branch, North Block, New Delhi – Respondent
CIC/DOEXP/A/2023/654830 | CIC/DOEXP/A/2023/654958 | CIC/DOEXP/A/2023/654956 | CIC/DOEXP/A/2023/654981