के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No : CIC/UTOAN/C/2023/141742 Iraiyanbu P ….िशकायतकता(cid:18) /Complainant VERSUS बनाम PIO Office of the Block Development Officer, CD Block, Campbell Bay, Andaman & Nicobar – 744302 ….(cid:27)ितवादीगण /Respondent Date of Hearing : 21.04.2025 Date of Decision : 23.04.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from complaint:

RTI application filed on : 29.05.2023 CPIO replied on : 23.08.2023 First appeal filed on : Not on record First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 13.10.2023 Information sought:

The Complainant filed an RTI application (offline) dated 29.05.2023 seeking the following information:

“1) A copy of the letter No. 16-1/AAIVS/EC/2016/776 dated 29.03.2019 written by the Executive Secretary, AAJVS, Port Blair, regarding shifting of Nicobarese settled at Rajiv Nagar, Great Nicobar Island.

2) Kindly provide minutes of the meeting conducted on 17.07.2019 in Campbell Bay under the chairmanship of BDO, Campbell Bay regarding shifting of Nicobarese settled at Rajiv Nagar, Great Nicobar Island.”

The PIO furnished a reply to the complainant on 23.08.2023 stating as under:

“2. No such meeting was conducted by the Block Development Officer, CD Block, Campbell Bay as per records available with this office. Hence the information sought may be treated as "NIL".”

Feeling aggrieved and dissatisfied, complainant directly approached the Commission with the instant Complaint on the following grounds:

“…2. I received a reply for the RTI application stating that no such meeting was conducted by the Block Development Officer, CD Block, Campbell Bay as per records available with the office.

3. I state that the above information is false and misleading, as a meeting was conducted on 17.07.2019 at 03:00PM under the chairmanship of BDO, Campbell Bay.

4.The same is confirmed by letter dated 12.12.2012 bearing reference number F.No.9-3/11/lTOP/TRA/ 2012-13/395 from Andaman and Nicobar Administration, office of the Chairperson ITDA (Deputy Commissioner), Nicobar District.

5.I request the Chief Public Information Commission to direct the Public Information officer, Block Development officer, CD Block, Campbel Buy to provide the information sought in RTI application dated 29.05.2023 and impose costs for providing false and misleading information.”

Relevant Facts emerged during Hearing:

The following were present:-

Complainant: Not present.

Respondent: Shri Shekhar Rai, Block Development Officer-cum-PIO present through videoconference.

The respondent stated that instant RTI application has been received in their office from the Assistant Commissioner, Campbell Bay vide letter dated

18.08.2023 which was replied to the Complainant on 23.08.2023 informing him that “…No such meeting was conducted by the Block Development Officer, CD Block, Campbell Bay as per records available with this office. Hence the information sought may be treated as "NIL".”

Decision The Commission, after adverting to the facts and circumstances of the case, and perusal of the records notes that in the instant matter CPIO has provided suitable reply vide letter dated 23.08.2023 as per the RTI Act. It is noteworthy that the PIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the applicant.

Further, this case is a complaint filed under Section 18(2) the RTI Act where no further direction for disclosure of information can be given in the light of the judgement decision of the Hon'ble Supreme Court in the case of Chief Information Commissioner and another Vs. State of Manipur & Another reported in MANU/SC/1484/2011 : AIR 2012 SC 864.

The role of CIC is restricted only to ascertain if the information has been denied with a mala-fide intention or due to an unreasonable cause. Upon