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Decision 06112006 5

The appellant had filed an RTI application requesting information from the Directorate General of Foreign Trade regarding the monitoring of export proceeds. The CPIO provided a detailed response but the appellant appealed, stating the response did not qualify as "information" under the RTI Act. The appellate authority rejected the appeal, agreeing the response contained opinions and explanations rather than material records. However, the Information Commissioner noted that despite its nature, the CPIO had provided a response, so there was no merit to the appeal. The Information Commissioner dismissed the appeal.

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125 views

Decision 06112006 5

The appellant had filed an RTI application requesting information from the Directorate General of Foreign Trade regarding the monitoring of export proceeds. The CPIO provided a detailed response but the appellant appealed, stating the response did not qualify as "information" under the RTI Act. The appellate authority rejected the appeal, agreeing the response contained opinions and explanations rather than material records. However, the Information Commissioner noted that despite its nature, the CPIO had provided a response, so there was no merit to the appeal. The Information Commissioner dismissed the appeal.

Uploaded by

mongiagoldy
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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CENTRAL INFORMATION COMMISSION

BLOCK IV, OLD JNU CAMPUS, NEW DELHI 110067

Appeal No.151/ICPB/2006 F.No.PBA/06/232 November 6, 2006

In the matter of Right to Information Act, 2005 Section 19.

Appellant: Public authority:

Shri Rajiv Gupta Directorate General of Foreign Trade (M/Commerce) Shri Tapan Mazumder, JDG & CPIO Shri S.K. Sinha, Addl. Director General & Appellate Authority

FACTS: The appellant vide his application dated 7.12.2005 addressed to the CPIO has requested for information regarding realization of export proceeds monitoring thereof. The CPIO, in his reply dated 27.12.2005, provided detailed information regarding realization of export proceeds & its monitoring. Unsatisfied with this reply, the appellant preferred an appeal before the first appellate authority on 9.2.2006. However, the appellate authority, vide its order dated

28.2.2006, rejected the appeal of the appellant stating that the information requested by the appellant are merely explanation and clarification of government decisions and does not qualify to be information under Section 2(f) of the RTI Act. DECISION

2.

From a perusal of the application of the appellant, I find that the appellant

has not sought for any specific information which could be furnished from the records of the DGFT. A combined reading of Sections 2(f), 2(i) and 2(j) of the RTI Act would indicate that a citizen is entitled for disclosure of information which is in a material form with a public authority and information and the right to seek do not include opinions, explanations etc. Therefore, the AA has rightly pointed that the information sought being in the nature of opinion, explanation and clarification etc cannot be furnished. However, I note that, even then, the CPIO

has furnished the information sought for by the appellant. Therefore, finding that there is no merit in the appeal, I dismiss the same.

3.

Let a copy of this decision be sent to the appellant and CPIO.

Sd/(Padma Balasubramanian) Information Commissioner Authenticated true copy :

( Nisha Singh ) Joint Secretary Address of parties : 1. Shri Tapan Mazumder, Joint Director General (Foreign Trade) & CPIO, Ministry of Commerce & Industry, Directorate General of Foreign Trade, Policy-IV Section, Udyog Bhawan, New Delhi. Shri S.K. Sinha, Additional Director General of Foreign Trade & Appellate Authority, Ministry of Commerce & Industry, Directorate General of Foreign Trade, Udyog Bhawan, New Delhi. Shri Rajiv Gupta, Flat No.A-1, Divyajyot Housing Society, R.K. Singh Marg, Off Nagardas Road, Andheri East, Mumbai 400069.

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