Indian Kanoon - Search engine for Indian Law

Central Information Commission

Chandra Sekhar Karmakar vs Department Of Posts on 24 October, 2025

                                      के ीय सूचना आयोग
                              Central Information Commission
                                   बाबा गं गनाथ माग,मुिनरका
                               Baba Gangnath Marg, Munirka
                                 नई िद   ी, New Delhi - 110067
ि तीय अपील सं        ा / Second Appeal No. CIC/POSTS/A/2024/134585

 Chandra Sekhar Karmakar                                         ... अपीलकता/Appellant

                                         VERSUS
                                          बनाम
 CPIO:
 Department Of Posts,
 Asansol, W. B.                                              ... ितवादीगण/Respondent

Relevant dates emerging from the appeal:

 RTI : 20.07.2024                FA      : 29.08.2024            SA     : 22.10.2024

 CPIO : 19.08.2024               FAO : 30.09.2024                Hearing : 15.10.2025


Date of Decision: 24.10.2025
                                         CORAM:
                                   Hon'ble Commissioner
                                 _ANANDI RAMALINGAM
                                        ORDER

1. The Appellant filed an RTI application dated 20.07.2024 seeking information on the following points:

"Undersigned 'Applicant' being a de facto examinee (Ref) of Data Entry Skill Test (DEST) Paper-III" examination held on 08.08.2021 ("HALL PERMIT FOR DEST"; Copy Enclosed) is seeking the following 'Information' from your office under 'Section' mentioned above.

Following 'Information' needed:-

1) Please provide the marks obtained by the undersigned 'Applicant' in the aforesaid examination (DEST) including mentioning the cut off mark for Page 1 of 4 eligibility and 'Attendance Sheet' jointly signed by undersigned 'Applicant' and the 'Invigilator' present in the 'Examination Hall'.

2) Please provide the particulars (Name; Designation; Office Address; Office Ph & Fax No. & Email Id) of the 'Appellate Authority' (Ex-Officio Senior) Under Sub-Section [8 (iii)] of Section (7)] of 'Right to Information Act'."

2. The CPIO replied vide letter dated 19.08.2024 and the same is reproduced as under:-

"1: Information as sought for is not available in material form at this end.

2. The first Appellate authority is:

The Director of Postal Services Office of the Postmaster General South Bengal Region, Kolkata-700012"

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.08.2024. The FAA vide order dated 30.09.2024 upheld the reply given by the CPIO.

4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 22.10.2024.

5. The Appellant was represented during the hearing by Asis Narayan Biswas through video conference and on behalf of the Respondent, Chandan Karmakar, ASPO & CPIO attended the hearing through video conference.

6. The Rep. of the Appellant stated that the CPIO's reply to point no.1 of the RTI Application is misleading as the RTI Act requires the CPIO to provide the information in whatever available form. It was further alleged that the CPIO issued a cyclostyled order on the First Appeal.

7. The Respondent upon being questioned about the import of the reply provided to point no.1 of the RTI Application, it was submitted that the information relates to their Regional Office.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the reply provided by the CPIO to point no.1 of the RTI Application lacks coherence and appears to be rather evasive. Moreover, information of such nature ought to be available or unavailable, the CPIO's claim that it is not available in material form at their end leaves much to speculate about the availability of the information with some other record holder and the CPIO having admitted to the fact that the information sought for pertained to the Regional Office shows that neither any effort was made to ascertain the availability of the information at the original instance nor was the RTI Application transferred under Section 6(3) of the RTI Act to the concerned record holder.

Now, therefore, the CPIO is directed to procure the available information from the concerned record holder and provide a revised reply to the Appellant incorporating the same after redacting the signature of the third party (Invigilator) as sought for in point no.1 of the RTI Application as per Section 10 of the RTI Act. The said revised reply of the CPIO shall be provided free of cost to the Appellant within 15 days of the receipt of this order under due intimation to the Commission.

9. The Appeal is disposed of accordingly.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 24.10.2025 Authenticated true copy O. P. Pokhriyal (ओ.पी. पोख रयाल) Page 3 of 4 Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. The CPIO O/o. The Senior Superintendent of Post Offices, SSPOS & CPIO, Department Of Posts, Asansol Division, Asansol, W. B.-713301

2. Chandra Sekhar Karmakar Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)