Central Information Commission
Ashutosh Srivastava vs Controller General Of Defence Accounts ... on 24 February, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File No.:- CIC/CGDAC/A/2020/680388
In the matter of:
Ashutosh Srivastava
... Appellant
VS
Central Public Information Officer
Controller of Defence Accounts (Army)
Belvedere Complex, Ayudh Path, Meerut - 250 001
...Respondent
RTI application filed on : 21/03/2020 CPIO replied on : 22/04/2020 First appeal filed on : 20/05/2020
First Appellate Authority order : 18/06/2020 Second Appeal filed on : 02/08/2020 Date of Hearing : 23/02/2022 Date of Decision : 23/02/2022 The following were present:
Appellant: Present over phone Respondent: Santokh Raj, ACDA and CPIO, present over phone Information Sought:
The appellant in his second appeal has stated that he is not satisfied with the information furnished to him in respect of Point No. 3 of the RTI application which is stated below:
3. Provide a copy of Sensitive Panel in respect of AAOs serving at Meerut station as on the date of transfer of the AAO/8331523.
Grounds for filing Second Appeal:
The CPIO has denied the desired information in respect of point No.3 of the RTI application by claiming exemption under section 8(1) (j) of the RTI Act.1
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply. He further pressed for the information on point no 3.
On a query, the CPIO could not explain the contents of the sensitive panel. However, he agreed to provide a revised reply as far as possible giving information after applying Sec 10 of the RTI Act.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 22.04.2020 replied to the appellant in respect of point no. 3 that the information sought being related to third party is exempted u/s 8(1)(j) of the RTI Act . The FAA vide order dated 18.06.2020 held that the information (without APAR gradings of sensitive panel) under appeal is not available in their office. The appellant vide his written submissions dated 14.02.2022 submitted that the Disclosure of Sensitive Panel is one of the most important tools to reflect accountability, transparency and citizen centric administration of any organization. Sensitive Panel is the most effective tool to take decision on third party payment and essence of third party payment Transfer Policy. He further pressed for information after applying Sec 10 of the RTI Act.
The CPIO could not explain whether information can be given after applying the severability clause, however he agreed to revisit the RTI application and provide a revised reply at least with the names on the panel. Decision:
The CPIO is directed to provide the names and any other information which is not confidential and can be severed as per Sec 10 of the RTI Act, within 10 days from the date of receipt of the order.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) 2 Authenticated true copy (अ$भ&मा'णत स)या*पत & त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3