Central Information Commission
Robin Singh vs Ministry Of Statistics & Programme ... on 27 May, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MOSPI/A/2023/601297
Shri Robin Singh ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Statistics & Programme
Implementation
Date of Hearing : 24.05.2024
Date of Decision : 24.05.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 18.11.2022
PIO replied on : 13.12.2022
First Appeal filed on : 16.12.2022
First Appellate Order on : 26.12.2022
2ndAppeal/complaint received on : NIl
Information soughtand background of the case:
The Appellant filed an RTI application dated 18.11.2022 seeking information on following points:-
1. "Copy of Complete Notings and Notesheets of DPC held for the promotion of Junior Statistical Officer to Senior Statistical Officer of Subordinate Statistical Service vide MoSPI File No.11015/06/2022-SSS dated 18.11.2022.
2. Copy of Complete Minutes of DPC for the MoSPI File No. 11015/06/2022- SSS dated 18.11.2022.
3. Copy of Complete Notings and Notesheets of CSB for the MoSPI File No. 11015/06/2022-SSS dated 18.11.2022.
4. Copy of Complete Minutes of CSB for the MoSPI File No. 11015/06/2022- SSS dated 18.11.2022.
5. Copy of Vigilance Certificates of all 48 JSOs promoted to SSO vide MoSPI Order File No.11015/06/2022-SSS dated 18.11.2022 considered under DPC.
6. Copy of Integrity Certificates of all 48 JSOs promoted to SSO vide MoSPI Order File No. 11015/06/2022-SSS dated 18.11.2022 considered under DPC.
7. Copy of Vigilance Certificate of Shri Robin Singh i.e myself, JSO Emp. Code 6661 considered under DPC for the promotion of Junior Statistical Page 1 Officer to Senior Statistical Officer for the MoSPI File No. 11015/06/2022- SSS dated 18.11.2022.
8. Copy of Integrity Certificate of Shri Robin Singh i.e myself, JSO Emp. Code 6661 considered under DPC for the promotion of Junior Statistical Officer to Senior Statistical Officer for the MoSPI File No.11015/06/2022-SSS dated 18.11.2022."
The Dy. Director & CPIO(SSS), Ministry of Statistics & Programme Implementation, New Delhi vide letter dated 13.12.2022 replied as under:-
"Point No. 1 & 2:- In this regard, it is informed that the mentioned file with file no. 11015/06/2022- SSS does not contain any information regarding the DPC of JSO. However, the information sought related to the DPC of JSO under para 1 to 2 contains 39 pages. The applicant is requested to pay the requisite fee of Rs. 78/- (@ 2 Rs per page) as per section 7(1) through online mode or Cash/IPO/Demand Draft in favor of "DDO, MoSPI". The requisite information will be provided to you after receiving of requisite fee.
Point No. 3 & 4:-The information sought related to the TPC(formerly known as CSB) of JSO under para 3 to 4 contains 19 pages. The applicant is requested to pay the requisite fee of Rs. 38/- (@2 Rs per page) as per section 7(1) through online mode or Cash/IPO/Demand Draft in favor of "DDO, MoSPI". The requisite information will be provided to you after receiving of requisite fee.
Point Nos. 5 to 8:-It is informed that the Vigilance and Integrity Certificates of the individuals are personal in nature and thus exempted under the provisions of section 8(1) J of the Right to Information (RTI) Act, 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.12.2022. The FAA vide order dated 26.12.2022 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 16.05.2024 has been received from the CPIO, SSS Division, Ministry of Statistics and Programme Implementation and same has been taken on record for perusal. The relevant extract whereof is as under :
2. In the instant matter, it is to inform that:
i. the Appellant in the instant RTI finds no infirmity with the information provided by CPIO with respect to information sought vide paras 1 to 6. However, the Appellant was dissatisfied with respect to para 7 and 8, as the information sought was denied. ii. the Appellant vide paras 7 and 8, had sought the copy of Vigilance Certificate & Integrity Certificate in respect of himself. In this regard, it is mentioned that Vigilance/Integrity Certificate for an individual is issued for a specific purpose only, which is confidential in nature and Page 2 hence, cannot be shared. Further, it is to inform that the Vigilance/Integrity Certificate is being issued by the Vigilance Section of this Ministry and this division is holding the same in a fiduciary relationship, which is exempted under the provisions of Section 8 (1)
(e) of the RTI Act, 2005.
Facts emerging in Course of Hearing:
Appellant: Present via phone Respondent: Mr. Mahalingravya, Deputy Director and Mr. Vishal Garg, JSO - participated in the hearing.
The Appellant stated that the relevant information has not been furnished to him till date. He further stated that the information sought at point No. 7 and 8 has not been furnished to him. He requested to direct the PIO to furnish a copy of his Vigilance Certificate and Integrity Certificate as sought in the instant RTI Application.
The Respondent stated that the relevant information has been duly furnished to the Appellant. They further stated that there is no Integrity Certificate and Vigilance Certificate issued by the department. They averred that earlier Vigilance was pending against the Appellant and now the same has been cleared. They stated that the Appellant can obtain the Vigilance Clearance from the Vigilance Section. Upon Commission's instance the PIO submitted that a copy of written submission has been furnished to the Appellant.
Decision:
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 3 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)