Central Information Commission (CIC): CIC has held that, “Once
information is made public it cannot be said to be held by or under the
control of public authority in terms of section 2(j) of the RTI Act,
because then the citizens have direct access to such information.” CIC
was responding to an appeal wherein it was alleged that information
rendered by CPIO, Staff Selection Commission, Karnataka-Kerala Region
regarding recruitment of Assistant Grade III in General Depot, Technical
and Account Cadres and Hindi posts (AG II and Typist) in FCI
examination, 2012 was “incorrect and incomplete”. Earlier the appellant
had approached the Staff Selection Commission seeking certain
information (rank list, cut off marks, list of appointed
candidates, marks secured by her in compute proficiency test etc.) in
the said examinations. It was contended by the appellant that CPIO had
denied providing some of the information on the ground that it was
available on website. The applicant further submitted that it is her
right to get the information from the public authority irrespective of
the fact whether such information is available on the public domain or
not. This contention of the applicant was rejected by the Commission
which held that public authority has already made the said information
public by placing it on their website. (Reshmi C.K. v. Staff Selection
Commission, Karnataka-Kerala Region, Case No. CIC/SM/A/2013/000853¬SS,
decided on April 21, 2014)
Read full judgment here
Central Information Commission
Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SM/A/2013/000853SS
Dated;April 21, 2014
Ms Reshmi C.K.
Staff Selection Commission (KKR)
The present appeal, filed by Ms Reshmi C.K. against Staff Selection
Commission (KKR), was taken up for hearing via videoconferencing (VC) on
03.04.2014 when the Respondents were present at NIC VC facility at Bangaluru
through Shri S. Gopalan, Regional Director and Shri Paul, Assistant Director. The
Appellant was present at NIC VC facility at Kozhikode.
2.
The Appellant through an RTI application dated 18.02.2013 sought certain
information [like, rank list, cut off marks; list of appointed candidates; marks
secured by her in compute proficiency test etc.] regarding Recruitment of Assistant
Grade III in General Depot, Technical and Account Cadres and Hindi posts (AG II
and Typist) in FCI examination, 2012.
3.
Since she did not receive any reply from the CPIO, she filed an appeal
before the Appellate Authority on 03.04.2013. The Appellate Authority vide his order
dated 16.04.2013 informed the Appellant that reply has already been sent to her by
CPIO vide letter dated 13.03.2013. The Appellate Authority also enclosed a copy of
CPIO’s reply with his order wherein the Appellant was given point wise information.
4.
The Appellant thereafter filed the instant appeal before the Commission
alleging that the information given by the CPIO is “incorrect and incomplete”
5.
During the hearing, the Respondents submit that they have informed the
Appellant that information related to point Nos. 1 & 2 is available on website. As for
point Nos. 3, 4 & 5, they have given factual information to the Appellant. The
Appellant, on her part, insists that she be provided with the information as sought in
point Nos. 1 & 2 of her RTI application as, according to her, it is her right to get the
information from the public authority irrespective of the fact whether such
information is available on the public domain or not.
6.
On consideration of the submissions and on perusal of records, the
Commission holds that factual information has been given to the Appellant with
regard to point Nos. 3, 4 & 5 of her RTI application. As for the Appellant’s demand
that she be provided with the information in respect of point Nos. 1 & 2 which the
public authority has already made public by placing it on their website, the
Commission is of the view that once an information is made public it cannot be said
to be held by or under the control of public authority in terms of section 2(j) of the
RTI Act, because then the citizens have direct access to such information.
Therefore the Appellant’s demand here cannot be acceded to.
2
7.
Appeal is disposed of accordingly.
(Sushma Singh)
Chief Information Commissioner
Authenticated by
(D.C. Singh)
Deputy Registrar
Address to the Parties:
1. Ms Reshmi C.K.
Chaithanya House
Kannankara(PO)
Post Chelannur (Via)
Kozhikode 673 616
Kerala
2. Central Public Information Officer (RTI)
& Assistant Director
Staff Selection Commission (KKR)
E Wing, Kendriya Sadan
Koramangala
Bangalore 560 034
3.
Appellate Authority (RTI)
& Regional Director (KKR)
Staff Selection Commission (KKR)
E Wing, Kendriya Sadan
Koramangala
Bangalore 560 034
Read full judgment here
Central Information Commission
Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SM/A/2013/000853SS
Dated;April 21, 2014
Ms Reshmi C.K.
Staff Selection Commission (KKR)
The present appeal, filed by Ms Reshmi C.K. against Staff Selection
Commission (KKR), was taken up for hearing via videoconferencing (VC) on
03.04.2014 when the Respondents were present at NIC VC facility at Bangaluru
through Shri S. Gopalan, Regional Director and Shri Paul, Assistant Director. The
Appellant was present at NIC VC facility at Kozhikode.
2.
The Appellant through an RTI application dated 18.02.2013 sought certain
information [like, rank list, cut off marks; list of appointed candidates; marks
secured by her in compute proficiency test etc.] regarding Recruitment of Assistant
Grade III in General Depot, Technical and Account Cadres and Hindi posts (AG II
and Typist) in FCI examination, 2012.
3.
Since she did not receive any reply from the CPIO, she filed an appeal
before the Appellate Authority on 03.04.2013. The Appellate Authority vide his order
dated 16.04.2013 informed the Appellant that reply has already been sent to her by
CPIO vide letter dated 13.03.2013. The Appellate Authority also enclosed a copy of
CPIO’s reply with his order wherein the Appellant was given point wise information.
4.
The Appellant thereafter filed the instant appeal before the Commission
alleging that the information given by the CPIO is “incorrect and incomplete”
5.
During the hearing, the Respondents submit that they have informed the
Appellant that information related to point Nos. 1 & 2 is available on website. As for
point Nos. 3, 4 & 5, they have given factual information to the Appellant. The
Appellant, on her part, insists that she be provided with the information as sought in
point Nos. 1 & 2 of her RTI application as, according to her, it is her right to get the
information from the public authority irrespective of the fact whether such
information is available on the public domain or not.
6.
On consideration of the submissions and on perusal of records, the
Commission holds that factual information has been given to the Appellant with
regard to point Nos. 3, 4 & 5 of her RTI application. As for the Appellant’s demand
that she be provided with the information in respect of point Nos. 1 & 2 which the
public authority has already made public by placing it on their website, the
Commission is of the view that once an information is made public it cannot be said
to be held by or under the control of public authority in terms of section 2(j) of the
RTI Act, because then the citizens have direct access to such information.
Therefore the Appellant’s demand here cannot be acceded to.
2
7.
Appeal is disposed of accordingly.
(Sushma Singh)
Chief Information Commissioner
Authenticated by
(D.C. Singh)
Deputy Registrar
Address to the Parties:
1. Ms Reshmi C.K.
Chaithanya House
Kannankara(PO)
Post Chelannur (Via)
Kozhikode 673 616
Kerala
2. Central Public Information Officer (RTI)
& Assistant Director
Staff Selection Commission (KKR)
E Wing, Kendriya Sadan
Koramangala
Bangalore 560 034
3.
Appellate Authority (RTI)
& Regional Director (KKR)
Staff Selection Commission (KKR)
E Wing, Kendriya Sadan
Koramangala
Bangalore 560 034
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