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/DSESJ/A/2024/609819 Ravinder Yadav .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, O/o District and Session Judge, Dwarka Courts, Sec-10, Dwarka, New Delhi – 110075 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 24.04.2025 Date of Decision : 02.05.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 29.12.2023 CPIO replied on : 15.01.2024 First appeal filed on : 20.01.2024 First Appellate Authority’s order : 28.05.2024 2nd Appeal/Complaint dated : 05.03.2024 Information sought:

1. The Appellant filed an RTI application dated 29.12.2023 (offline) seeking the following information:

“1. M. Application number of the application dated-28.11.2022 filed for impleading additional accused by the applicant in Ct. case No.- 1774/2022 before MM-07 and copy of order passed in this M.

Application.

2. Application number of the M. application dated-21.06.2023 filed for clubbing the Ct. case-2301/2022 and Ct. Case:-1774/2022. Provide the copy of order passed in this M. Application.

3. Reasons for not uploading any order on the website of this Hon'ble court for the above said applications.”

2. The CPIO furnished a point-wise reply to the Appellant on 15.01.2024 stating as under:

“Query No. 1 & 2 :- Exemption from disclosure of information:-

Rule 7(vi): The information to be sought relates to a judicial proceedings or judicial function or the matters incidental or ancillary thereto.

Rule 8(vii):- Instruction for deciding the application filed for seeking information: "The Public Information Officer or the Assistant Public Information Officer, shall always keep in mind, while dealing with an application relating to courts that Section 4(1)(d) of the Act does not apply to judicial proceedings conducted by a court or a tribunal as it refers to only administrative and quasi-judicial decisions."

Rule 9(x): No information can be provided relating to any judicial proceedings under this Act.

Further, this is to inform that if any applicant seeks information of any judicial records in the form of copies or wants to inspect the records, it can be obtained by applying the same from the Copying Agency / court concerned of the District Court as per rules. Further, the copy of order can also be obtained from the official website ie, ecourts.gov.in.

Query No. 3: As per report of the reader of court of Sh. Vishvesh, Ld. MM- 07, Dwarka Court, New Delhi, the orders in miscellaneous applications have already been uploaded. Copy of reply has also been enclosed.”

3. Being dissatisfied, the appellant filed a First Appeal dated 20.01.2024. The FAA order vide its order dated 28.05.2024 had upheld the reply given by the PIO.

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:- Appellant: Present in person.

Respondent: Shri Kishor Batra, Senior Judicial Assistant Incharge and Shri Sudhir Kumar, Senior Judicial Assistant Dealing present in person.

5. The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that the Respondent has wrongly not provided information.

6. The Respondent, during the hearing, reiterated the reply given by the PIO vide letter dated 15.01.2024 wherein factual position in the matter has already informed to the Appellant. Further, the FAA had also upheld the reply given by the PIO.

Decision:

7. The Commission upon perusal of records observes that the main premise of instant Appeal was non-furnishing of information by the PIO. The Commission observes that factual position in the matter has already been informed to the Appellant against his RTI application as per the provisions of the RTI Act and as per the documents available on their record.

8. It is an admitted fact that the