के ኚ᭾ीय सूचना आयोग Central Information Commission बाबा गंगनाथ मागग, मुननरका

Baba Gangnath Marg, Munirka नई नि्ቤी, New Delhi – 110067 File No : CIC/NCPCR/A/2023/613152 Y S V Prasada Rao .….अपीलक VERSUS बनाम CPIO, National Commission for Protection of Child Rights, 5th Floor, Chanderlok Building, 36, Janpath Road, New Delhi-110001 .….्ቚनर्वािीगण /Respondent Date of Hearing : 03.06.2024 Date of Decision : 03.06.2024 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 12.01.2023 CPIO replied on : 11.01.2023 First appeal filed on : 12.01.2023 First Appellate Authority’s order : 17.02.2023 2nd Appeal/Complaint dated : 13.03.2023 Information sought:

The Appellant filed an RTI application dated 12.01.2023 seeking the following information:

“(1). Can a nursery conduct sports competitions for kids.

(2). Can a nursery conduct prayer meetings for kids in open spaces during the biting cold winter.

(3). After playing the national anthem in the prayer meetings conducted in open space, immediately afterwards as a follow up further activities like physical exercises can be conducted for the kids along with songs. Is it according to the protocol honouring the national anthem.

Other side of the road to our apartment, there is a commercial complex. In this commercial complex there are a dozen road facing shops in its ground floor. In one of the shops this nursery is functioning. Since this commercial complex is a habitual offender of sound pollution playing vulgar songs loudly in one or other context, I complained to the authorities. But what is sickening is since then the nursery teachers are bringing these kids out from the room and carrying out above mentioned activities using mikes. Earlier shockingly in the name of some function this nursery also played songs loudly. In this way the commercial complex uses innocent kids in these types of activities.”

The CPIO furnished a reply to the Appellant on 11.01.2023 stating as under:

“As mentioned in the guidelines for use of this portal, this facility is not available for filing RTI applications for the public authorities under the State Governments, including Government of NCT Delhi. Since your RTI application is meant for a public authority under the State Government, the same is returned herewith. You may file the same before the concerned public authority under the State Government.”

Being dissatisfied, the appellant filed a First Appeal dated 12.01.2023. The FAA vide its order dated 17.02.2023, held as under:-

“Whereas Shri Y.S.V.Prasada Rao, ****, Maharashtra - 401303, (hereinafter known as Appellant) has preferred an RTI Appeal, with Registration No. NCPCR/A/E/23/00001, dated 12/01/2023, in respect of his RTI Application No. NCPCR/R/E/23/00009, dated 11/01/2023, seeking information related to a Nursery.

2. On perusal of the records on file, RTI application, reply furnished by CPIO and the RTI Appeal, it is noted that the RTI application of the appellant was meant for a Public authority under the Government of Maharashtra State, therefore the same was disposed of by the CPIO under the provisions of Government of India’s decision No. 2(3.iv) incorporated below to Section-6 of RTI Act, 2005. However, the National Commission for Protection of Child Rights (NCPCR) under Section 13(1)() of the CPCR Act, 2005 takes cognizance of any/all specific grievances, issues which are in violation and contravention of the rights of children as per the Constitution of India, UNCRC and any other laws/legislations, Acts/rules etc., as received by the Commission.”

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the following grounds-

“…2. The CPIO disposed of my application with the following remark: “As mentioned in the guidelines for use of this portal, this facility is not available for filing RTI applications for the public authorities under the State Governments, including Government of NCT Del