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2025 Supreme(Online)(CIC) 2833

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
Ram Hari Sharma – Appellant
Versus
CPIO, India Meteorological Department – Respondent
CIC/IMETD/A/2024/601094 | CIC/IMETD/A/2024/637927



Advocates:
For the Appellant: Ram Hari Sharma
For the Respondents: Shri Harmeet Singh Sawhney, Scientist E & CPIO, Shri Anoop Kandare, Meteorlogist-B, Shri Ajay Kumar, Met-A

The Commission ruled that grievances regarding adequate responses under the RTI Act do not extend to administrative disputes, adhering strictly to statutory mandates.

Headnote:(A) Right to Information Act, 2005 - Sections 7(3) and related provisions - Information requested regarding the India Meteorological Department Gazetted Officers Association elections and administrative decisions - Appellant alleged inaction by authorities and refusal to accept payment for information - CPIO provided information and noted the proper procedures were followed regarding inspection requests. (Paras 1-14)

(B) Grievances regarding RTI responses - The Commission reiterated that the RTI Act does not provide for grievances that are subject to administrative decision-making by public authorities. The appellant's dissatisfaction does not equate to non-compliance with the provisions of the RTI Act. (Para 12)

Facts of the case:
The appellant filed multiple RTI applications concerning election-related actions and memberships of the India Meteorological Department Gazetted Officers Association. Subsequent appeals were related to responses and fees for requested documents.

Findings of Court:
The Commission conducted hearings and noted that prior responses included opportunities for inspections, making further action unwarranted.

Issues: The primary issues involved whether proper information was provided and if payment demands under the RTI Act were justified.

Ratio Decidendi: The Commission held that the CPIO complied with RTI Act stipulations and that appeals regarding administration disputes are outside the CIC's jurisdiction.

Result: Appeals disposed of.

Table of Content
1. multiple appeals regarding election and membership issues of an association. (Para 1 , 2)
2. requests made under the rti act for information regarding actions taken. (Para 3 , 4 , 6 , 8)
3. aggrieved parties express dissatisfaction with responses to information requests. (Para 5 , 11)
4. commission's limitation in adjudicating administrative disputes compared to rti disclosures. (Para 12 , 14 , 18)
5. final decision regarding the appeals based on precedents and statutory guidelines. (Para 13 , 19)

Information sought:

1. The Appellant filed an (online/offline) RTI application dated 19.06.2023 seeking the following information:

“Brief Facts: India Meteorological Department Gazetted Officers Association (IMDGOA) had organized its Annual General Body Meeting (AGM) on 20.12.2022 wherein members of Delhi Chapter as well as delegates/representatives of other chapters of IMDGOA participated. It was decided in the AGM to conduct due elections of councilors of IMDGOA (HQ/Delhi Chapter) as proposed by Central Working Committee (CWC) of IMDGOA. One Returning Officer and Two Asstt. Returning Officers were appointed with the approval of General Body. Nominations have been asked by RO & AROs from the members of IMDGOA to contest election of councilors. Free and fair election of councilors of IIQ/Delhi Chapter of IMDGOA has been completed by RO & AROS as per the DoPT approved IMDGOA constitution/Bye-laws.

Set up of elected Central Working Committee (CWC) & RECS (Delhi, Mumbai & Nagpur Chapters) have been submitted to Secretary, MoES and DGM, IMD for further necessary action and records.

After completion of 6 months of elections of CWC & RECS, IMD administration intentionally issued a letter on 19.05.2023 wherein election of IMDGOA councilors has been declared null & void mentioning lame excuse of non deduction of membership subscription by department since last two year. It is to mention here that the deduction of subscription of Association members has to be done by DDO from pay roll as per DoPT guidelines. DDG (A), Smt Ranju Madan intentionally stopped deduction of membership subscription of IMDGOA while verified list of IMDGOA members has been submitted by General Secretary on 10.01.2023 for financial year 2022-23 which is still pending for deduction. General Secretary of IMDGOA has requested many times to hand over membership list for verification for financial 2022-23 but all in vain. instead of providing list of members for verification, DDG (A) Smt Ranju Madan, SC G pressurized General Secretary to add 03 expelled members first in verified list of members for Financial Year 2021-22, then only list to be provided for verification.

General Secretary IMDGOA has requested vide letter No. IMD/GOA/15/2023 dated 29.05.2023 to Secretary, MOES to interfere in the matter and direct IMD administration to withdraw the letter in respect of election of IMDGOA declared as null & void vide letter No. DGM-HQ 13043(11)/8/2021 dated 19.05.2022 illegally, unconstitutionally and on the filmsy ground.

Following information under RTI act 2005 may kindly be provided:

a) Certified copy of action taken by Secretary, MoES.

b) Directions/instructions issued by Secretary MOES to IMD administration to withdraw the letter or resolve the issue? Provide certified copy of directions.

c) IMD administration is openly dishonourning the direction Hon'ble High Court of Delhi ((Hon'ble High Court Delhi WPC No. 2825/2016 & CM 11894/2016) by interfering in association matters in the similar manner as done in 2016 case for which Hon'ble High Court Delhi directed IMD not to interfere in association matters.

e) Please provide Copy of directions issued by Secretary, MOES to IMD administration not to interfere in association matter to avoid willful disobedience of Hon'ble Delhi High Court directions (Hon'ble High Court Delhi WPC No. 2825/2016 & CM 11894/20).

d) Allow inspection of file notings in respect of IMDGOA related matters. And also provide certified copy of pages of file

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