Only such information as is available and existing and held by, or is under control of public authority can be provided

Appellant, among other items of information, wanted to know many complaints, appeals and revisions had been disposed of by State Commissions from 2010 to 2016. CIC has clarified that under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record.

CIC further observed that the High Court of Delhi in its judgment dated 04.12.2014 in case of The Registrar, Supreme Court of India vs. Commodore Lokesh K. Batra and Ors.[W.P.(C) No. 6634/2011] has held as under: “11. In so far as the question of disclosing information that is not available with the public authority is concerned, the law is now well settled that the Act does not enjoin a public authority to create, collect or collate information that is not available with it. There is no obligation on a public authority to process any information in order to create further information as is sought by an applicant…….”

No. CIC/NCDRC/A/2018/101103 D.D. 7-8-2019

 

Leave a Reply

Your email address will not be published. Required fields are marked *