CENTRAL INFORMATION COMMISSION

Appeal No. CIC/WB/A/2009/000296 dated 16-3-2009

Right to Information Act 2005 – Section 19

Appellant: Ms. Nidhi Singh;

Respondent: Department of Personnel & Training, (DOPT)
Decision announced 15.4.’10

FACTS
By an application of 28-7-2008 Ms. Nidhi Singh of Char Imli, Bhopal
applied to the CPIO, DOPT seeking the following information:
“1. DOPT has flashed instructions in its website that ‘Note
Sheets’ of official procedure will not be disclosed under RTI
but subsequently it was withdrawn from website. Please
provide a certified copy of that letter and copy of that file
along with note sheet (office procedure file related to that
subject).
2. DOPT’s file No. 4/12/2006 IR titled ‘Request of CIC for legal
opinion’ along with all pages of note sheet and
Correspondence, whether with CIC or with any other
department of Government of India or with any other.”

To this Ms. Nidhi Sin received a response from CPIO Ms. Zoya C.B.,
US, DOPT dated 28-8-08 informing her as follows:
“I am to refer to your RTI application dated nil received in this
Section on 1.8.2008 and to inform that clarification regarding
disclosure of ‘file noting’ under RTI Act, 2005 posted under
‘FAQ’ on the website of this Ministry has not been withdrawn.
However, you have referred file no. 4/12/2006-IR, which
contains 370 pages of correspondence, can be given to you on
payment of fess of Rs. 740/- @ Rs. 2/- per page.”

Aggrieved on receiving only the correspondence section of the

concerned file after paying the fee asked for, Ms. Nidhi Singh made an appeal
before the Appellate Authority Ms. Anuradha S. Chagti DS, DOPT as follows:
“But only correspondence of file no. 4/12/2006-IR was offered. I
have sent 740/- Postal order by speed post but I could not
receive even that offered information (photocopy is annexed as
annexure-2).

I want all information i.e. note sheets. But note-sheets are not
provided. CPIO has not quoted the reason for doing so.

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 Under RTI Act all information including note-sheets should be
provided which is available with CPIO. CPIO has not said that
note sheets are not available. It clearly mean that CPIO is
having note sheets but he does not want to provide me. It is
against RTI Act.

Central Information commission has said in many orders that

note-sheets are part of the definition of information and it should
be provided. Few decision of CIC are enclosed here as
annexure-2.

For transparency note-sheets should be made available. Every

citizen of India is having right to know. It is in public interest that
Government do not want to hide any information until it is
exempted under RTI.’

Upon this appellate authority Ms. Chagti in her order of 20-10-2008

decided as follows:
“It is evident from the reply of the CPIO, position regarding
disclosure of ‘file noting’ under RTI Act, 2005 is posted under
‘FAQ’ on the website. No fee has been prescribed for the
appeal, therefore, the IPO No. 37G612482 returned herewith.”

This has brought Ms. Nidhi Singh to her second appeal before us with
the following prayer:
“Under RTI Act all information including note-sheets should
be provided which is available with CPIO. CPIO has not
said that note-sheets are not available. It clearly mean that
CPIO is having note-sheets of file no. 4/12/2006-IR but he
does not want to provide me. It is against RTI Act.”

The appeal was scheduled for videoconference on 15-4-2010 with

arrangements with NIC Studio, Bhopal. Only respondent Ms. Anuradha S.
Chagti, DS, DOPT is present at CIC chambers, New Delhi. Although informed
of the date of hearing through our letter of 6-4-2010 appellant Ms. Nidhi Singh
opted not to be present.

The issue in this case is simply the disclosure of file noting on a file, the
correspondence part of which has already been supplied by respondents. In
view of department’s present policy, however, respondent Ms. Anuradha S.
Chagti stated her readiness to provide to her the file noting sought by
appellant Ms. Nidhi Singh.

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 DECISION NOTICE

This appeal is thus allowed. CPIO DoPT will supply a copy of the file
noting to the appellant on file No. 4/12/2006/IR within 10 working days of the
date of receipt of this decision notice. Because this information was not
supplied within the time frame mandated u/s 7 (1), it will now be provided free
of charge. However, because refusal of this part of information had been
made by the CPIO on the grounds of departmental instructions, however,
flawed, a situation that has now been remedied, there will be no penalty.
Hence no cost.

Announced in the hearing. Notice of this decision be given free of cost

to the parties.

(Wajahat Habibullah)
Chief Information Commissioner
15-4-2010

Authenticated true copy. Additional copies of orders shall be supplied against

application and payment of the charges prescribed under the Act to the CPIO
of this Commission.

(Pankaj K.P. Shreyaskar)

Joint Registrar
15-4-2010