Central Information Commission
Braj Bhushan vs Staff Selection Commission on 26 July, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Appeal No. CIC/SM/A/2013/900681/MP
Appellant : Shri Braj Bhushan, Lucknow
Public Authority : SSC, Mumbai
SSC, New Delhi
Date of Hearing : July 19, 2017
Date of Decision : July 26, 2017
Present:
Appellant : Not present
Respondent : Shri Ashok Kumar Vijay, Under Secretary, SSC New
Delhi. Shri Arvind Madavi, S.O., SSC Mumbai - at
CIC
RTI application : 02.06.2012
CPIO's reply : 13.06.2012
First appeal : 30.11.2012
FAA's Order : 19.03.2013
Second appeal : 21.03.2014
ORDER
1. Shri Braj Bhushan, the appellant, had appeared for Combined Higher Secondary Exam, 2010 and sought photocopy of typing sheet which the appellant had typed during skill test in respect of Data Entry Operator examination held on 18.02.2011, whether or not the appellant qualified the skill test; marks obtained by the appellant in the written test; cut-off marks for Data Entry Operator in respect of Ex-servicemen General Category.
2. The Central Public Information Officer (CPIO) provided a point-wise response to the appellant's RTI Application. The appellant, being dissatisfied with the CPIO's response, filed an appeal before the First Appellate Authority (FAA) with a request to direct the CPIO to provide the copy of his skill test for Data Entry Operator exam along with his marks/remarks, as sought under point 1. The FAA informed the appellant that information specifically sought by him in his first appeal was not available in their office and directed the CPIO to remind SSC HQ for furnishing the requisite information to the appellant directly. Aggrieved, the appellant approached the Commission and requested the Commission to direct the CPIO to provide the photocopy of his typing sheet as a part of Data Entry Skill Test as he was confident to have qualified the same.
3. The matter was heard by the Commission. The appellant was not present despite the notice for hearing having been duly sent to him.
4. The respondent from SSC, Mumbai, stated that the relevant and available information had been provided to the appellant by the CPIO vide reply dated 13.06.2012. The copies/records of skill test in respect of Data Entry examination, as sought by the appellant under point 1 of the RTI application were, however, held by the SSC HQ and therefore, the appellant's RTI application was forwarded to the office concerned on 24.07.2012 and reminders were also sent thereafter from the office for providing information to the appellant, directly. The respondent from SSC HQ informed the Commission that the appellant's RTI application was mistakenly transferred to the CPIO (P&P I) who was not concerned with the subject matter of the application and had returned the original application to the CPIO, SSC Mumbai. Thereafter, the appellant's first appeal dated 30.11.2012 before the Appellate Authority, SSC Mumbai, was again forwarded to the Deputy Director, C-II, SSC HQ on 27.12.2012 which was in turn, transferred by him u/s 6(3) to the CPIO (C-I/I), SSC New Delhi, who was dealing with the type/skill test, but no action appeared to have been taken. The respondent further explained that an interim order dated 24.02.2014 in the case had been already passed by the Hon'ble Commission taking serious view of negligent handling of the appellant's RTI application by the CPIOs concerned, SSC HQ, for not providing the copy of the appellant's typing sheet in the skill test within the stipulated time period and thus, having denied the appellant his right to seek information under the RTI Act, 2005, had the application not been sent to the wrong CPIO. The typing sheet for the particular test had been destroyed vide office order dated 21.06.2012 as per the record retention schedule with the approval of the Chairman. Subsequently, the Commission had directed the CPIO to submit a report to the Commission regarding the corrective measures taken by the PIOs to avoid delay in provision of information to the applicants. Thereafter, in compliance with the interim order of the Commission, a report dated 06.06.2014 was submitted to the Commission regarding instructions having been issued to all the Regional Directors and Appellate Authorities on dealing of RTI applications received by them as a part of remedial action/corrective measures adopted by the SSC. The appellant was not present to put forth his contentions, if any.
5. On hearing the respondents and perusing the compliance report submitted by the respondent authority, the Commission observes that there is no intentional denial of information and the CPIO, SSC New Delhi, has satisfactorily complied with the Commission's interim order dated 24.02.2012 and regretted the unintentional mistake on their part in handling of the appellant's RTI application by the CPIOs concerned and assured to be more diligent in future while transferring the applications received by the CPIO concerned after proper scrutiny and having regard to the work allocation of CPIOs in HQ. Therefore, no further intervention on the part of the Commission is called for. The Commission holds that the rest of the information has been provided to the appellant, as per the available records. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to:
The Central Public Information Officer The First Appellate Authority Staff Selection Commission, Staff Selection Commission, Assistant Director, Regional Director, RTI Cell, SSC (Western Region), SSC (Western Region), 1st Floor, 1st Floor, South Wing, Pratistha South Wing, Pratistha Bhawan Bhawan (Old CGO Building), (Old CGO Building), M.K. Road, M.K. Road, Mumbai (MH) - 400 020 Mumbai (MH) - 400 020 Staff Selection Commission, Under Secretary (C-1/1), RTI Cell, Block - 12, CGO Complex, Lodhi Road, New Delhi Shri Braj Bhushan, CPWD Staff Quarters, Type III-05, Pocket - A, Aakanksha Parisar, Jankipuram, Lucknow (UP) - 226 021