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Rakesh Ranjan vs Department Of Personnel & Training on 4 February, 2021

Author: Saroj Punhani

Bench: Saroj Punhani

                              के   ीय सूचना आयोग
                       Central Information Commission
                           बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई द ली, New Delhi - 110067


File No : CIC/DOP&T/A/2019/112872

Rakesh Ranjan                                            अपीलकता /Appellant
                                                       ....अपीलकता 

                                      VERSUS
                                       बनाम
CPIO,
US, Ministry of Personnel,
Public Grievances & Pensions,
(DOP&T), Establishment-Office,
North Block, New Delhi-110001                       .... ितवादीगण /Respondent
                            ...

Date of Hearing                   :    04/02/2021
Date of Decision                  :    04/02/2021

INFORMATION COMMISSIONER :             Saroj Punhani

Relevant facts emerging from appeal:

RTI application filed on          :    08/11/2018
CPIO replied on                   :    19/11/2018
First appeal filed on             :    11/01/2019
First Appellate Authority order   :    NA
2nd Appeal/Complaint dated        :    16/03/2019

Information sought

and background of the case:

The Appellant filed RTI application dated 08.11.2018 seeking information on four points, including inter-alia;

1. "Provide a certified copy of the file notes and meeting minutes in which decisions were taken for according special consideration to Late Jacob David.

2. Provide certified copy of the file notes for obtaining approval of Appointment Committee of Cabinet for empanelment of Late Jacob David in the panel for DPCs for the year 2009-10 and 2012-13, by including his name in the extended panels for those years.

3. The total number of cases where DoPT and A.C.C. has notified promotions of IAS, IPS and Central Services Officers including I.A ampersend A.S and Railways (Group A) services since 14/11/1998 in compliance of Court Orders, even where the officers were no longer in service and had retired before the Court Ordered consequential benefits on setting aside Govt. action of denying promotion to such officers .

4. Provide the details of 5 such cases viz name of officer(s), services, posts to which promoted after retirement and the Court case details viz no. of OA, WP, RP, SLP etc along with operative part of judgement."

The CPIO & Under Secretary, EO(ACC) Section forwarded the RTI application for point No. 3 to Ministry of Railways on 19.11.2018.

The CPIO, Ministry of Railways replied to the appellant on 26.11.2018 stating that no such information is held.

The CPIO, AIS-II, DoPT informed the appellant on 27.11.2018 stated that there is no information available.

The CPIO, MHA replied to the appellant on 08.12.2018 against point Nos. 1 to 4 stating that the sought information is not available In Police-I Division, North Block, New Delhi.

Being dissatisfied, the appellant filed a First Appeal dated 11.01.2019. FAA's order, if any, is not available.

Grounds for the Second Appeal:

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present through video-conference.

Respondent: Rajeev Lochan, US & CPIO, Rakesh Kumar Sinha, US & CPIO, S K Sinha, US & CPIO, Amit Srivastava, US & CPIO (DOP&T), Kiran Raju, Sr. AO & CPIO, Sandeep Singhal, AAO (CGDA), Raman Kumar, US & CPIO (MHA) present through intra-video conference and Ravi Shekhar, Director & CPIO (M/o Railway) present through audio conference.

The Appellant stated that he has received the reply to his RTI Application from multiple CPIOs but is not satisfied with the same and he wants the DoPT to respond to point no.3 of the RTI Application specifically.

The CPIOs of DoPT submitted that there is no material information available on record as the data sought for at point no.3 of the RTI Application is not maintained and the same has been already informed to the Appellant.

Decision The Commission based on a perusal of the facts on record finds no scope of intervention with the replies provided by all the concerned CPIOs as the information sought for at points no.1, 2 & 4 of the RTI Application entails service related details of third parties, disclosure of which stands exempted under Section 8(1)(j) of the RTI Act. Further, as regards the limited relief sought by the Appellant with respect to point no. 3 of the RTI Application, the Commission observes that the Appellant has sought for the collection and collation of certain data from the period since 1998, while the CPIOs of DoPT have submitted that no such data is maintained by them.

In view of the foregoing observations, the Commission is not in a position to order any relief in the matter.

The appeal is disposed of accordingly.

                                                                 सरोज पुनहािन)
                                                  Saroj Punhani (सरोज    हािन
                                                                सूचना आयु )
                                      Information Commissioner (सू




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 Authenticated true copy
(अिभ मािणत स यािपत  ित)

(C.A. Joseph)
Dy. Registrar
011-26179548/ [email protected]
सी. ए. जोसेफ, उप-पंजीयक
 दनांक / Date

Rakesh Ranjan




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