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2025 DAILYLAW 43793 (CHH)

NITIN SINGHVI v. CENTRAL INFORMATION COMMISSION

WPC/5081/2025 · 2025-09-23

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:49015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5081 of 2025 1 - Nitin Singhvi S/o Late N.C. Singhvi Aged About 60 Years R/o Mig 59 Sector-1, Shankar Nagar, Raipur, Distt. Raipur, Chhattisgarh. ... Petitioner(s) versus 1-Central Information Commission Through Chief Commissioner/information Commissioner Of Central Information Commission, Cic Bhawan, Baba Gangnath Marg, Munirka, Delhi 110067 2 - First Appeal Officer Cum Registrar Wildlife Institute Of India (Wii), Dehradun, Uttarakhand. 3 - Central Public Infromation Officer Wildlife Institute Of India (Wii), Dehradun, Uttarakhand. 4 - Public Information Officer Wildlife Institute Of India (Wii), Dehradun, Uttarakhand. 5 - Union Of India Through Secretary, Ministry Of Environment, Forest And Climate Change, 6th Floor, Vayu Wing, Indira Paryawaran Bhawan, Jore Bag Road, Aliganj, New Delhi 110003. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Sajal Kumar Gupta, Advocate For Respondent-State : Mr. Satish Gupta, G.A. For Respondent-UOI : Mr. Bhupendra Pandey, CGC Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 24/09/2025 1. The present writ petition has been filed seeking following relief:- 1 Hon'ble Court may be kind and gracious enough to call for the records of the case from the respondents. 2. Hon'ble Court may kindly be pleased to set Digitally signed by JYOTI JHA Date: 2025.09.26 17:30:31 +0530 2 aside the impugned order dated 14.05.2025 passed by the Chief Information Commissioner/Information Commissioner of Central Information Commission in File No. CIC/WLIOI/A/2024/621736; 3. Hon'ble Court may kindly be pleased to set aside the impugned order dated 03.05.2024 passed by the Registrar and First Appellate Authority, Registration no. WII/RTI/APPEAL/2023-24/28; 4. Hon'ble Court may kindly be pleased to set aside the Impugned memo dated 09.01.2024 provided by the Central Public Information officer in RTI Application Registration No. WII/RTI/CPIO/2023-24 (Qtr-4)/131; 5. Hon'ble Court may kindly be pleased to direct the respondents to provide sought information regarding the soft copy of the Report named: Conservation Management of Elephants in Chhattisgarh: Capacity Building Initiative on the Dispersal of Ranging Pattern of Elephants for Effective Management of Human-elephant interaction, in RTI application dated 02.02.2024; 6. Any other relief/relief's which Hon'ble court may deem fit in the fact s and circumstances of the instant case. 2. Learned counsel for the petitioner submits that the petitioner sought information under the Right to Information Act, 2005 (RTI)on 02.02.2024, filed an RTI application seeking a soft copy of the report titled "Conservation Management of Elephants in Chhattisgarh: Capacity Building Initiative on the Dispersal of Ranging Pattern of Elephants for Effective Management of Human- Elephant Interaction". The CPIO responded on 04.03.2024 stating that the report had been submitted to the Chhattisgarh Forest Department and advised the petitioner to seek it from the PCCF & CWLW, Government of Chhattisgarh. Aggrieved by this redirection and refusal, the petitioner filed a First Appeal on 20.03.2024, arguing that the information is available with the CPIO and such denial does not fall under any exemption under Section 8(1) of the 3 RTI Act. The First Appellate Authority rejected the appeal on 03.05.2024, simply reiterating the CPIO's response without providing a reasoned order. The petitioner filed a Second Appeal before the CIC on 22.05.2024. On 14.05.2025, the CIC dismissed the appeal, holding that the CPIO had fulfilled their obligation, despite failing to provide the requested soft copy or citing valid legal grounds for non-disclosure. 3. Learned counsel for the petitioner further submits that the petitioner contends that the conduct of the CPIO, FAA, and CIC is arbitrary, devoid of reasoned orders, and violative of the principles of natural justice. Hence, the present writ petition challenges the impugned reply of CPIO dated 04.03.2024 and orders dated 03.05.2024, and 14.05.2025, and seeks appropriate reliefs from this Court. 4. Learned counsel for the respondents submit that in Second Appeal, the respondent No. 1 has rightly passed the order dated 14.05.2025 which warrants no interference. 5. I have learned counsel for the parties and perused the order dated 14.05.2025 passed by the Chief Information Commissioner. 6. From perusal of the order dated 14.05.2025 of the Central Information Commission, it transpires the fact that the requisite information/factual position in the matter has already been provided to the Appellant as per his RTI applications and as per the provisions of the RTI Act. The CPIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the 4 Appellant. Further, the information which is sensitive in nature cannot be directed to be disclosed under the RTI Act. 7. Considering the facts and circumstances of the case, this Court is of the opinion that the information which the petitioner has sought for, has already been provided as per his RTI application and as per the provision of the RTI Act, therefore, prima facie, it appears no jurisdictional error committed by the Central Information Commission. Therefore, there is no good ground to entertain this petition. Accordingly the present writ petition stands dismissed. Sd/- (Arvind Kumar Verma) Judge Jyoti