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TMI Blog2007 (7) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... lant It is, however, a matter of concern that the Appellate Authority instead of dealing with the matter properly has mechanically decided the matter without making any proper analysis of the issues involved - The Commission trusts and believes that the 1st Appellate Authority would sincerely discharge his statutory obligations under the Right to Information Act so that the right to information guaranteed to the citizens is facilitated properly - Appeal is disposed of X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities. 2. CPIO vide his reply dated 18-10-2006 furnished information regarding total excise dues recoverable from M/s. Steel Knight Castings but said that their other units are not registered with the Central Excise Department and, as such, no information as regards them is available. CPIO refused to furnish information asked at Serial Nos. (b) to (h) and stated that the same do not constitute 'information' as defined under the Act. 3. Not satisfied with the reply of the CPIO, the appellant approached the 1st Appellate Authority pleading that the CPIO while furnishing him information about excise dues of the 3rd party has not stated the date since when the said dues are pending and at what rate interest is leviable on such dues. He also pleaded that his request for information pertaining to Sr. No. (b) to (h) of his RTI application has been rejected by the CPIO on erroneous ground, as these come under the category of reports, documents, circulars, orders and opinions. He submitted that they constitute information relating to a private party, M/s. Steel Knight Castings that can be accessed by the respondent Public Authority. 4. The 1st Appellate Authority par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t charge. This first charge of the Government is badly affected due to trespassers like M/s. Shri Electrical & Engineering and M/s. Himanshu Print O'Pack. The bank has also falsely implicated him in this matter. He also said that the bank in fact has not given any loan. The 3rd party has just taken that amount. The machineries lying in the plot have been brought from somewhere and, as a matter of fact, have not been purchased. So, there is a total fraud as regards the money given by the bank. He said that he had asked for a copy of report after inspection of the plot in question but the respondents have done nothing in this regard. 8. The arguments advanced at the time of hearing by the respondent are summarized as under : (i) The respondent submitted that the CPIO has already replied the questions raised by the appellant as to what are the dues pending against the 3rd party, M/s. Steel Knight Castings. This amount has already been recovered and now what remains to be recovered is only interest and respondents are making efforts to realize the said amount of interest. (ii) The respondents further submitted that on inspection of the premises at D32, MIDC, Satpur, Nasik, it was fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion or the information cannot be accessed by it under Section 2(f) or if the information is non-est, the public authority cannot provide the same under the Act. The Act does not make it obligatory on the part of the public authority to' create information for the purpose of its dissemination. The definition also makes it clear that the Right to Information includes the right to inspection of work, documents or records or taking notes, extracts or certified copies of documents or records or taking certified samples of material or obtaining information through some electronic device. 12. It will be pertinent to refer to the definition of the word 'information' itself appearing in Section 2(f) of the Act and which reads as under : (f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; 13. The definition of the word 'information' has to be rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are not falling under the definition of 'information' as defined under Section 2(f) of the Right to Information Act. But on perusal of para (b), it appears, that appellant is seeking factual information as is evident from the information sought at para (b) of his RTI application : "(b) Whether Excise Department has inspected the premises bearing No. D-32, MIDC, Satpur, Nashik-422007 as on date. If yes, 1 whether there are machineries on the aforesaid premises. If yes, whether the excise has been paid on those machines. If yes, please give receipts of having received excise payment on the aforesaid Machines and name of the Units having paid such Excise on the aforesaid Machines. If no excise is collected on the aforesaid machines, reasons for not collecting the same from the Promoter/occupiers of the premises." Whether the inspection has taken place or not is a question of fact. The CPIO is required, therefore, to respond as to whether the said premises were ever inspected and if so on which date. If the information concerning inspections, if conducted, is available, the same constitutes information that should be provided and, if not, the CPIO should make an affirmative sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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