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First appeal under RTI Act, 2005

QEJ6YA3C Please keep this reference code. You will need it to check on the status of this request.
Government level: Government of India (India)
Addressed to: First Appellate Authority
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Kindly refer to RTI reply furnished by AAI (CPIO/Ms. Nivedita Dubey) vide letter No.DC-60012 (11)/53/2021-HR/298 dated 03.08.2021 (reference GT9IAKG2).

The CPIO has denied to provide information citing that the same is sought in the form of query/question and does not qualify for information under Section 2 (f) of the RTI Act, 2005 and hence cannot be provided.

As per Section 2 (f) of the RTI Act, 2005, “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.

It may be seen that there is no mention under Section 2 (f) or the RTI Act, 2005 that information sought in the form of query/question cannot be provided.

Appellate Authority is, therefore, requested to direct CPIO to provide the requested information under RTI Act, 2005 at the earliest or share copy of instructions/orders (in material form) on the basis of which information is denied and which state that information sought in the form of query/question cannot be provided.

However, the points on which information is sought are once again mentioned as under, which are not in query form:

1. List of documents that are considered as part of disciplinary proceedings or related to disciplinary proceedings may be provided.

2. Copies of rules under which these documents are defined/mentioned.

3. Stage of commencement of disciplinary proceedings as per rules.

4. Stage of end of disciplinary proceedings as per rules.

PS: As per CIC, if information exists, the same is to be provided irrespective of whether it is asked in query form such as what, why, where etc.