Central Information Commission
Mr.D S Singh vs Ministry Of Agriculture on 30 March, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2009/00001
Name of Appellant : Dr. D. S. Singh
Name of Respondent : Central Potato Research Institute
Indian Council of Agricultural Research
Background
Dr. D. S. Singh, the Appellant, filed an application dated 23.07.2009, seeking the following information from the CPIO, Central Potato Research Institute, Shimla. In his RTI application Dr. D. S. asked for the following information / documents regarding Sh. Gulab Ram.
"1. The ground / basis on which Shri. G. Ram was granted two advance Ph. D. increment for obtaining Ph. D. degree in service including the copy of the file noting, office order under which the Ph. D. increment was granted; name and designation of the officer who had recommended and also the name and the designation of the officer who had sanctioned the said increment; and
2. The ground on which the case of Shri Gulab Ram was forwarded for the Assessment at ASRB, New Delhi for the post of Sr. Scientist, and, thereafter for the post of Principal Scientist which he is holding at present. Name and designation of the authorities who had recommended for the above two Assessments may also be provided."
The CPIO/Central Potato Research Institute, Shimla, vide his reply dated 10.08.2009 asked the Appellant to address his request to the PIO, Central Potato Research Station, Patna. Not satisfied with the reply the Appellant filed a first appeal before the First Appellate Authority (FAA)Central Potato Research Institute, Shimla who vide his letter dated 30.09.2009 upheld the decision of the CPIO and at the same time held that the information sought for is exemption u/S (e) & (j) of sub section 1. Section 8 of the RTI Act, 2005. Sub-section 8(e) & (i) of the RTI Act, 2005. Aggrieved with the reply of the Respondent the Appellant filed a second appeal before the Commission.
2. The matter was heard on 30.03.2010.
3. Dr. D. S. Singh, the Appellant was present.
4. Dr. S.K. Singh, Sr. Scientist, CPIO, Central Potato Research Station, Patna represented the Respondent Public Authority. After hearing the parties and on perusal of the documents the Commission finds that the query raised by the Appellant is helds by the Central Potato Research Institute, Shimla and therefore, the CPIO and FAA has erred in holding that the desired information is held by the Central Research Station, Patna. The Commission also holds that section 8(1)(e) & (j) of the RTI is not applicable in this matter, since, Sh. Gulab Ram has been granted the benefit of two advance increments as per ICAR Guidelines and the granting of the same is a Public function of the Respondent Public Authority. Similarly the grounds on which the case of Sh. Gulab Ram was forwarded for Assessment at ASRB, New Delhi for the post of Sr. Scientist which post he is holding at present, cannot be denied. Nor can the name and designation of the authorities who recommended his case be denied, since these authorities have exercised a public function. Hence, orders of the Respondent are set aside and the Commission directs the Respondent to provide the necessary information / documents including file notings to the Appellant, free of cost, within 15 days of receipt of this order.
With this order, the matter is disposed of accordingly.
(Sushma Singh) Information Commissioner 30.03.2010