Central Information Commission
Shri Ajay Kumar vs Staff Selection Commission, New Delhi. on 24 July, 2009
CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00235 dated 15.02.'08
Right to Information Act 2005-Section 18(1)(e)
Complainant: Shri Ajay Kumar
Respondent: Staff Selection Commission, New Delhi.
Decision Announced 24.7.'09 The Commission has received a complaint from Shri Ajay Kumar of Timarpur, Delhi praying as follows:-
"Since, no information has been provided by the PIO, SSC (NR) and appellate authority, SSC within the stipulated period.
I therefore, appeal to your good self to intervene in the matter and the information sought by me under RTI Act, 2005 may be provided to me at the earliest. Besides, appropriate action under the RTI Act, 2005 may also be taken for not providing the information within the stipulated time period."
That information/ clarification regarding age relaxation for Central Government Civilian Employees in respect of the advertisement Notice of SSC for the Tax Assistant Exam-2007 and other related information was originally sought through an application of 08.11.2007. Upon getting no response from the CPIO within the time mandated, Shri Kumar approached the first appellate authority of SSC on 31.12.2007 u/s 19(1) of RTI Act. Shri Kumar has then moved a complaint before us protesting that neither the CPIO nor the appellate authority of SSC furnished a reply in respect of his application and his appeal. However, thereafter Shri Kumar has filed a representation of 19.2.'08 before us enclosing a copy of the reply of 6.2.'08 given by the CPIO Shri VK Aggarwal received by him after filing of the present complaint, alleging that the reply given by the CPIO is delayed, incomplete and not commensurate with the information sought.
1Because the 1st appellate authority has not addressed the questions of appellant, which are of direct concern to her public authority and because the complainant has pleaded no ground for making a direct complaint to us u/s 18(1)(e), the Commission has decided to remand this complaint to the First Appellate Authority, Staff Selection Commission, New Delhi, Ms Gayatri Sharma DS(A), to dispose of the complaint of Shri Ajay Kumar within ten working days from the date of receipt of this decision, under intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information Commission. If not satisfied with the information provided on his 1st appeal, appellant Shri Ajay Kumar will be free to move a 2nd appeal before us as per Sec 19 (3).
However, in view of the delayed response to the initial application, CPIO Shri VK Aggarwal, Under Secretary SSC is further directed to show cause as to why a penalty of Rs.250/- per day from the date when the information fell due i.e. 8.12.2007 to 6.2.'08 the date of CPIO's response, not exceeding Rs.25, 000/- should not be imposed on him under Section 20(1) of the RTI Act. The CPIO may submit his written submission before us on or before 10.8.2009.
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 24-07-2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(PK Shreyaskar) Jt. Registrar 24-07-2009 2