Dharmesh Vikramsinh Jadeja’s RTI application to the Auroville Foundation on 30th May, 2023 wanted information on all correspondence from the Auroville Foundation to Facebook regarding the Facebook page ‘Auroville Files’, in the month of December 2021. He also wanted to know who authorised the correspondence.
Having not received any response from the Central Public Information Officer (CPIO) for a month, he applied to the First Appellate Authority (FAA) who is the Secretary, Auroville Foundation. She replied on 4th October, 2023, referring to an annexure of the appeal: “Auroville Foundation has indicated that it has no objection to restore the Facebook profile page”.
The Facebook page referred to is “Auroville Files” of Vikram Ram, and the annexure referred to is a letter from the AVF Secretariat to Facebook dated 8th December 2021 stating that “Auroville Land Board & other individuals had closed down the page without any substantiated claim”. The letter requested restoring the page immediately as it “has been informative and helpful to the government in better management of Auroville”.
(The letter by AVF Secretariat to Facebook was published on the Facebook page ‘Auroville Files’ by Vikram Ram earlier this year, on 25th March 2024, and a copy of the same can be viewed at the link below.)
Aggrieved with the FAA’s order, Dharmesh appealed to the Central Information Commission (CIC).
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A hearing was held by the CIC on 15th July 2024. “The appellant remained absent and, on behalf of the respondent, Ms. Manjula, Dy. Secretary, and CPIO, attended the hearing through video conference”. Apologising for the delay, the CPIO said there was only one correspondence, and the same was attached to the written submission dated 10th July 2024.
After the hearing, the Information Commissioner Smt. Anandi Ramalingam, issued the following order (excerpt), on 23rd July 2024:
“... the Commission directs the Respondent to provide a copy of written submissions dated 10.07.2024 along with all the relevant enclosures to the Appellant, within 10 days from the date of the receipt of this order, under intimation to the Commission. The written submission of the Respondent is taken on record by the Commission. Additionally, the Commission sternly cautions the Respondent public authority that in future, they shall ensure that replies to the RTI Applications shall be provided within the mandated time frame.”
Ashwini Tatpat’s RTI application to Auroville Foundation on 26th April 2023 wanted to know the following regarding the circular dated 13th April 2023 published on Auronet by the ‘Working Committee appointed by the Governing Board’ informing the removal of ‘Mael Shanti Vidal’s’ name from the Register of Residents:
- Who is the competent authority that approved the issuance of the circular?
- Who made the decision to remove Mr. Shanti’s name from the RoR?
- “Who decided that confidential information like the passport number of Mr. Shanti should be published on Auronet?”
- "What guidance the Auroville Foundation has on the safeguarding of sensitive data like passport data?”
Having not received any response from the Central Public Information Officer (CPIO) for a month, he applied to the First Appellate Authority (FAA), who is the Secretary, Auroville Foundation.
The CPIO replied on 08.09.2023: “Internal matters are not revealed to the third party.” The FAA order on 04.10.2023 stated that: “Circulars are sent with the approval of the competent authority.”
Aggrieved with the FAA’s order Ashwini appealed to the Central Information Commission.
A hearing was held by the CIC on 15th July 2024. “The appellant remained absent and on behalf of the respondent Ms. Manjula, Dy. Secretary, and CPIO, attended the hearing through video conference."
Written submission to the Commission dated 10th July 2024 stated, among other details, the following:
- The circular was issued based on the Leave India notice issued by Foreigners Regional Registration Offices (FRRO).
- "The decision to remove Mr. Mael Shanti Vidal was taken up by competent authority, who is Head of the Department Responsible for maintaining and supervising this activity."
- "The Leave India notice referred to the individual along with the French passport number. A copy of the circular and Corrigendum are enclosed."
- It has been expedient to issue a circular to comply with the correspondence from the Bureau of Immigration.
- "The circular has been posted by the Working Committee of Auroville in the Auronet and the Auroville Foundation has no knowledge about it."
After the hearing, the Information Commissioner Smt. Anandi Ramalingam, issued the following order (excerpt), on 23rd July 2024:
The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application. The written submission of the Respondent is taken on record. by the Commission. Further, in the absence of the Appellant to plead his case or contest the Respondent’s submissions, the Commission finds no scope of intervention in the matter. Additionally, the Commission sternly cautions the Respondent public authority that in future, they shall ensure that replies to the RTI Applications shall be provided within the mandated time frame.
The full CIC Orders on the above 2 RTI appeals are available at the following links:
https://drive.google.com/file/d/1ypaINkSeF6BnVAvOM3YpYeS8TKErB-Ra/view?usp=sharing
https://drive.google.com/file/d/10GriXYALNwTzLTCBs5aY4cLIX14lEGBB/view?usp=sharing
With the above report, all the CIC orders on appeals issued on 13th February and 23rd July 2024 have been covered by News and Analysis. No other order is posted on the CIC website as of today.
AVF Secretariat letter to Facebook on Auroville Files:
https://drive.google.com/file/d/1UbXqPV66RzT6QOX8o5ROvMkpVhVG5pOq/view?usp=sharing (From aurovillefiles.org. in)