Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CIC) 4375

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
Brig. Pradeep Kumar Upmanyu (Retd.) – Appellant
Versus
CPIO, Assistant Registrar-(Estt.) & CPIO, Guru Gobind Singh Indraprastha University – Respondent
CIC/GGSIU/A/2024/141173 | CIC/GGSIU/A/2024/141175 | CIC/GGSIU/A/2024/141176 | CIC/GGSIU/A/2024/141177 | CIC/GGSIU/A/2024/141178 | CIC/GGSIU/A/2024/141179

Advocates:
For the Appellant: Brig. Pradeep Kumar Upmanyu, N. Kumar
For the Respondents: Naveen Bhardwaj, Subhash Sharma, Naveen Budhiraja, Rajendra Samath, Sumit Kohli

The RTI Act mandates effective access to information, requiring authorities to facilitate inspections and provide requested documents promptly.

Headnote:(A) Right to Information Act, 2005 - Section 2(j)(i) - RTI application filed seeking information regarding official letters and orders issued by the Assistant Registrar - CPIO provided point-wise replies and allowed inspection but did not fulfill request for documents - Commission directs fresh and comprehensive inspection to provide precise information as requested. (Paras 22-28)

(B) Transparency in Public Authority’s functioning - The importance of facilitating document access through proper channels established by the RTI Act is emphasized - Cooperation and mutual respect between the parties is essential for compliance. (Paras 24-25)

Facts of the case:
The Appellant filed multiple RTI applications regarding official documents related to pension release and remuneration issues. After unsatisfactory responses, he made second appeals to the Commission.

Findings of Court:
The Commission observed the Respondent CPIO allowed inspection but faced communication gaps concerning document requests.

Issues: Whether the CPIO complied adequately with RTI requests and if further action is necessary post-inspection.

Ratio Decidendi: The Commission reaffirmed that inspection is a legitimate mode of information access and mandated a clear list of files required for efficient inspection.

Result: Appeals disposed of with directions for comprehensive inspection and communication.

Table of Content
1. the organization of rti applications and the necessity for accurate information access. (Para 1 , 19 , 26)
2. dissatisfaction with initial responses and the need for adequate communication regarding requested documents. (Para 21 , 22)
3. the importance of facilitating effective inspection and cooperation for a resolution. (Para 23 , 24)
4. directives for ensuring compliance with inspection and request for documents. (Para 25)
5. final resolution and directives to both parties for adherence. (Para 28)

Information sought:

1. The Appellant filed an (offline) RTI application dated 30.06.2024 seeking the following information:

“1. I am submitting application seeking Information under the RTI Act 2005 in respect of letter No F.1(1)(55)/99/Pers-11/7124 dated 09 January 2024 issued by Shri Naveen Budhiraja Assistant Registrar (Pers-11) with the prior approval of the competent authority with subject: Release of Pension.

2 Please provide me Information under the RTI Act 2005 in respect of the letter No F.1(1)(55)/99/Pers-11/7124 dt 09 January 2024 as per the details as below:

(a) Certified copy of the complete file with all note-sheets on which approval of competent authority has been obtained prior to issue of the letter vide No. F.1(1)(55)/99/Pers-11/7124 dated 09^th January 2024 as referred above by me in Para 1of this RTI application.

(b) Certified copy of complete file along with note sheet on basis of which Shri Naveen Budhiraja Assistant Registrar (Pers-11) recorded contents as in letter signed by him & thereafter issued vide F.1(1)(55)/99/Pers- 11/9141 dated 09 January 2024.”

2. The CPIO furnished a reply to the Appellant on 22.07.2024 stating as under:

“In connection with RTI application dated 30.06.2024 under reference (ID No. 8974), information received from the Establishment (N.T.) of the University is attached. The information comprises of 2 page(s) only.

Encl. is as under:

Certified copy of the order No.F.1(1)(55)/99/Pers-11/7124 dated 09 January 2024 is attached.

a) The file is bulky. May please visit the University with prior information and to inspect the relevant file personally.

b) The file is bulky. May please visit the University with prior information and to inspect the relevant file personally.”

3. Being dissatisfied, the Appellant filed a First Appeal dated 01.08.2024.

The FAA vide its order dated 17.09.2024; held as under.

“The undersigned has gone through the records. It has been observed that the CPIO has provided the reply to the RTI vide its letter dated 22.07.2024. Further, it has been observed that the appellant was given an opportunity to visit the university on 25.07.2024 at 11.30 AM for inspection of documents / note-sheet of the concerned file and accordingly, the Appellant had visited the University on 25.07.2024 for the same. In this matter, the concerned branch and CPIO of the University has informed that they have not received any written request from the appellant w.r.t. the list of documents as desired in RTI after inspection. Therefore, no further intervention is required by First Appellate Authority. Accordingly, the appeal filed by Brig. Pradeep Kumar Upmanyu (Retd.) is disposed of.

It is placed on record that the First Appeal in this matter was scheduled within the prescribed time limit of 30 days i.e. on 30.08.2024 however the same could not be held due to administrative reasons.”

File No: CIC/GGSIU/A/2024/141175 Relevant facts emerging from appeal:

RTI application filed on : 01.07.2024 CPIO replied on : 22.07.2024 First appeal filed on : 01.08.2024 First Appellate Authority’s order : 17.09.2024 2nd Appeal/Complaint dated : 24.12.2024

Information sought:

4. The Appellant filed an (offline) RTI application dated 01.07.2024 seeking the following information:

“1. 1 I am submitting application seeking Information under the RTI Act 2005 in respect of ORDER signed by Shri Naveen Budhiraja Assistant Registrar (Pers-11) issued vide No (F * 0.1(4)(23) / 2021) / P - 11/196 dated 13 April 2023 with the prior

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