Date of Hearing : 27.04.2023 Date of Decision : 28.04.2023
Chief Information Commissioner : Shri Y. K. Sinha Relevant facts emerging from appeal:
RTI application filed on : 05.03.2022 PIO replied on :
First Appeal filed on : 06.04.2022 First Appellate Order on : - 2ndAppeal/complaint received on : 02.06.2022
Information sought and background of the case:
The Appellant filed an online RTI application dated 05.03.2022 seeking information on the following:-
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Having not received a response from the CPIO, the Appellant filed a first appeal dated 06.04.2022 which was not adjudicated by the FAA as per available records. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Appellant remained absent during the hearing despite prior intimation. The Respondent represented by Shri Gagan Upadhyay, Dy Director, National Fire Services College and Shri Jitendra Jain, Assistant, National Fire Services College participated in the hearing through video conference. Shri Upadhyay reiterated the written submission received from the Director, National Fire Services College, Nagpur vide letter dated 18.04.2023 wherein it was stated that the college does not have access to online RTI applications hence the application received on the portal was not accessed by them. However, it was stated that the questions raised in the RTI application do not fall under the definition of information u/s 2 (f) of the RTI Act, 2005 as they were hypothetical in nature and as such records are not maintained in their college. It was also submitted during the hearing that the RTI application was addressed to the National Fire and Safety College, which is a private institution and hence the same was not received by them.
Decision:
In the light of the facts of the case and the submissions made by the Respondent, the Commission is of the view that appropriate action as per the RTI Act, 2005 has been taken at this stage. Since the RTI application was not addressed to the National Fire Services College but to the National Fire and Safety College, a private institution, there is no question of receipt and subsequent delay in responding to the RTI application. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance, the Appellant is advised to approach an appropriate forum. With the above observation, the instant Second Appeal stands disposed off accordingly.
Y. K. Sinha (वाई. के. नसन्द्हा)
Chief Information Commissioner (मखु्य सचूना आयकु्त) Authenticated true copy
(अभिप्रमाणित सत्यापित प्रतत)
S. K. Chitkara (एस. के. नचटकारा)
Dy. Registrar (उप-पंजीयक)
011-26186535
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