Anand Agrawal vs Department Of Posts on 19 April, 2022

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Central Information Commission

Anand Agrawal vs Department Of Posts on 19 April, 2022

Bench: Saroj Punhani

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

File No : CIC/POSTS/A/2021/612242

Anand Agarwal                                      ......अपीलकता /Appellant

                                      VERSUS
                                       बनाम

CPIO,
Department of Posts, Postal
Account Wing, RTI Cell, 4th Floor,
Dak Bhawan, New Delhi - 110001.                    .... ितवादीगण /Respondent

Date of Hearing                   :   18/04/2022
Date of Decision                  :   18/04/2022

INFORMATION COMMISSIONER :            Saroj Punhani

Relevant facts emerging from appeal:

RTI application filed on          :   16/12/2020
CPIO replied on                   :   14/01/2021
First appeal filed on             :   13/02/2021
First Appellate Authority order   :   10/03/2021
2nd Appeal/Complaint dated        :   02/04/2021


Information sought

The Appellant filed an RTI application dated 16.12.2020 seeking the following information:

The CPIO furnished a point wise reply to the appellant on 14.01.2021 stating as follows:-

Being dissatisfied, the appellant filed a First Appeal dated 13.02.2021. FAA's order dated 10.03.2021 upheld the reply of CPIO.

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

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present through videoconference. Respondent: S.K. Pandey, Director (PA-Admn.) & CPIO present through video conference.

The CPIO invited attention of the bench towards his written submission dated 07.04.2022, relevant portion of which is reproduced as under -

1. "The Hon'ble CIC has passed an order on a similar case to disclose the answer sheets to the applicants. On compliance of Hon'ble CIC order, the department has decided to supply the required information to the applicant.

However, the answer scripts (answer books) of the LDCE-2018 exam have been kept under the joint custody of two officers. One of the two officers is on training at Hyderabad & having keys with her. She is expected to join the Headquarters in first week of May-2022. Accordingly, copy of answer sheets may be supplied within one week of her joining at the Head quarter.

2. & 3. The information as available in this office is available in public domain on the website of the department of posts. The of website http://utilities.cept.gov.in/dop/pdfbind.ashx?id=5656."

No oral submissions as such have been tendered by the Appellant during the hearing.

Decision:

The Commission observes from a perusal of records that the initial denial of information by the CPIO on the ground of matter being sub-judice without substantiating the same under any relevant exemption clause of Section 8/9 of RTI Act was completely inappropriate.

However, considering the submissions of the CPIO now that as a sequel to the earlier CIC decision in a similar case , the Department of Posts have decided to review their stand and in compliance with the CIC decision have decided to share the copies of the answer scripts with the candidates; he is hereby directed to provide a copy of his written submission dated 07.04.2022 along with a copy of answer scripts in response to point no. 1 of RTI Application. The said information should be provided by the CPIO free of cost to the Appellant within 15 days from the date of receipt of this order under due intimation to the Commission.

The appeal is disposed of accordingly.

Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स"यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 3

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