9911796707
TMI Blog2019 (3) TMI 2000X X X X Extracts X X X X X X X X Extracts X X X X ..... East District, [ 2012 (2) TMI 723 - CENTRAL INFORMATION COMMISSION] , Sh. Triveni Prasad Bahuguna vs. LIC of India, Lucknow [ 2012 (9) TMI 1229 - CENTRAL INFORMATION COMMISSION] , Mr. H. K. Bansal vs. CPIO GM (OP), [ 2013 (1) TMI 1043 - CENTRAL INFORMATION COMMISSION] had held that RTI Act was not the proper law for redressal of grievances/disputes. Keeping in view the facts of the case and the submissions made by both the parties, no further intervention of the Commission is required in the matter. However, a copy of the OM issued by the MoF dated 30.08.2008 be furnished to the Appellant within a period of 15 days from the date of receipt of this order, free of cost. For redressal of his grievance, the Appellant is advised to approa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of such applications. The Commission referred to the definition of information u/s 2(f) of the RTI Act, 2005 which is reproduced below: information means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, 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. Furthermore, a reference can also be made to the relevant extract of Section 2 (j) of the RTI Act, 2005 which reads as under: (j) right to information means the right to information accessible under this Act whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der any other law for the time being in force. This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed. 7. ....the Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the public authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority. This function obviously is not a judicial function, but an administrative function conferred by the Act on the Information Commissions. Furthermore, the High Court of Delhi in the matter of Hansi Rawat and Anr. vs. Punjab National Bank and Ors. LPA No.785/2012 dated 11.01.2013 held as under: 6. The proceedings under the RTI Act do not entail detailed adjudication of the said aspects. The dispute relating to dismissal of the appellant No.2 LPA No.785/2012 from the employment of the respondent Bank is admittedly pending consideration before the appropriate forum. The purport of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions as expressly provided under various provisions of the Act including Section 25 of the Act. It is plainly not within the jurisdiction of the CIC to examine the dispute as to whether respondent no.2 was entitled to and was allotted a plot of land under the 20-Point Programme. A similar view delineating the scope of the Commission's jurisdiction was also taken by the Hon'ble High Court of Delhi in Sher Singh Rawat vs. Chief Information Commissioner and Ors., W.P. (C) 5220/2017 and CM No. 22184/2017 dated 29.08.2017 and in the matter of Shobha Vijender vs. Chief Information Commissioner W.P. (C) No. 8289/2016 and CM 34297/2016 dated 29.11.2017. DECISION: Keeping in view the facts of the case and the submissions made by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
