Jul 28, 2016 - Shri Priyadarshan Haatkar filed an application dated 02.05.2014 under the Right to. Information Act, 2005
CENTRAL INFORMATION COMMISSION 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066
Decision No. CIC/CC/A/2015/001434/SB Dated 28.07.2016
Appellant
:
Shri Priyadarshan Haatkar, Plot No.30, Tuljabhawani Nagar, Taroda (BK), Nanded, Maharashtra431 605.
Respondent
The Central Public Information Officer,
:
Rajya Sabha Secretariat, Parliament House Annexe, New Delhi110 001.
Date of Hearing
:
28.07.2016
Relevant dates emerging from the appeal:
RTI application filed on
:
02.05.2014
CPIO’s reply
:
03.07.2014
First Appeal filed on
:
FAA’s order 2nd Appeal filed on
CIC/CC/A/2015/001434/SB
31.07.2014 :
:
03.09.2014
29.11.2014
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O R D E R 1.
Shri Priyadarshan Haatkar filed an application dated 02.05.2014 under the Right to
Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Rajya Sabha Secretariat (RSS) seeking information/historical documents on two points pertaining to the telecasting of a programme on ‘Constitution’ on 02.03.2014 on Rajya Sabha TV Channel.
2.
The appellant filed a second appeal dated 29.11.2014 before the Commission on the
grounds that he is not satisfied with the information provided by the CPIO and the First Appellate Authority (FAA) has provided incorrect information.
Hearing:
3.
The appellant Shri Priyadarshan Haatkar was not present despite notice. The respondents
Shri Sanjeev Chandra, CPIO and Deputy Director, Rajya Sabha and Shri K.G. Verma, CPIO and Director, Rajya Sabha (RSTV) were present in person.
4.
The respondent (RSTV) submitted that they had outsourced the production of a
programme named ‘Savindhan Making of the Constitution’. Hence, the information sought by the appellant has not been compiled by RSTV. In view of this, the information sought could not be provided to the appellant as per Section 7(9) of the RTI Act.
Decision:
5.
The Commission observes that the information which is not required to be maintained by
law, rules or regulations of the public authority, the RTI Act in such cases casts no obligation upon the public authority to collect/collate such non available information and then furnish it to the
CIC/CC/A/2015/001434/SB
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appellant, as held by the Hon’ble Supreme Court of India in CBSE v. Aditya Banopadhyay & Ors. (Civil Appeal No. 6454 of 2011).
6.
With the above observations, the appeal is disposed of.
7.
Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy
(V.K. Sharma) Designated Officer
CIC/CC/A/2015/001434/SB
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CENTRAL INFORMATION COMMISSION 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066
No.CIC/CC/A/2015/001434/SB Dated 22.08.2016 Appellant
:
Shri Priyadarshan Haatkar, Plot No.30, Tuljabhawani Nagar, Taroda (BK), Nanded, Maharashtra431 605.
Respondent
:
Central Public Information Officer, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi110 001.
Date of Hearing
:
28.07.2016
CORRIGENDUM The following modification in para 3 of the Commission's Decision No.CIC/CC/A/2015/001434/SB dated 28.07.2016 is hereby made:
CIC/CC/A/2015/001434/SB
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For
Read
The appellant Shri Priyadarshan Haatkar was The appellant Shri Priyadarshan Haatkar was not present despite notice. The respondents not present despite notice. The respondents Shri Sanjeev Chandra, CPIO and Deputy Shri Arun Sharma, CPIO & Director, Shri Director, Rajya Sabha and Shri K.G. Verma, K.G. Verma, Director (RSTV) and Shri CPIO and Director, Rajya Sabha (RSTV) were Sanjeev Chandra, Joint Director (RTI), Rajya present in person.
Sabha were present in person.
(Sudhir Bhargava) Information Commissioner Authenticated true copy
(V.K. Sharma) Designated Officer
CIC/CC/A/2015/001434/SB
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