Central Information Commission
Mr.Anil Kumar vs Ministry Of Labour And Employment on 14 February, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No.CIC/SM/A/2012/000661/BS/1900
14 February 2013
Relevant Facts emerging from the Appeal
Appellant : Mr. Anil Kumar
D-17, Hari Nagar
Shradhapuri Phase-I,
Sect-II, Kankerkhera,
Meerut Cantt-250001
Respondent : CPIO & Joint Director
ESIC
Head Quarter,Panchdeep Bhawan,
CIG Marg, New Delhi- 110002
RTI applications filed on : 13/01/2012
PIO replied on : 15/02/2012
First appeals filed on : 17/02/2012
First Appellate Authority order : 29/02/2012
Second Appeal received on : 26/03/2012
Information sought:
With ref. to RO Delhi letter no. 11-A/18/12/162/2011 RTI Cell 819 dated 12/12/2011 and 11- A/36/12/4/2010-Admn/Vol-11/899 dated 28/12/2011. You are requested to provide me the following information under RTI Act 2005:
(i) Provide me a copy of RO, Delhi letter no. 11-A/36/13/4/2010.Admn dated 02/09/2011 under which my case has been referred to Hqrs office and their reply too.
(ii) As per para 4 of my letter dated 03/10/2011 records provided by RTI Cell only 07 candidates have been selected in Ex-servicemen category instead of 17 vacancies.
However, the roll no. 18012087, 18006580, 18004710, 18003454 and 18001528 secured more than the cut off marks of ex-servicemen category. Please provide the reason under which the above mentioned roll nos. were not included in the final list of successful candidates. It reflects there is some defect in the selection process.
(iii) As per appeal dated 26/09/2011 under which I requested to appellate authority to find the list of selected candidates for the post of LDC alongwith their marks obtained in formatting, conducted in various regions of ESIC within 2010-11 the same was given to you by RO Delhi vide their letter no. 11-A/18/12/162/2011-RTI cell dated 31/10/2011. In view of the above please provide the details of rest of ESIC regions available with Hqrs office.
(iv) Reply to my letter dated 17/10/2011 received from RO Delhi and DMD Delhi, he informed to me through RTI Act 2005 that this office has not conducted verification regarding availing of reservation benefit in the first civil employment by Ex-servicemen has been done at this level. It means any verification regarding availing of reservation benefit in the first civil Page 1 of 2 employment by ex-servicemen candidates is not following in the ESIC. So please provide the reason why this has been done in my specific case only.
Grounds for the Second Appeal:
The PIO has not given complete information and documents.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Ms. Anita Suresh CPIO's representative (M: 8826041100) & other The CPIO's representative stated that the appellant in his 2nd appeal to the Commission has sought the following information:
(i) Copy of letter sent by HQ in response to RO letter dated 02/09/2011.
(ii) Reasons for selecting only 7 candidates in the ex-servicemen category when there were 17 vacancies and 5 candidates had secured more than the cut off marks.
(iii) List of selected candidates in each region along with marks in formatting part.
She stated that information under points (i) & (iii) has been provided vide letters dated 17/08/2012 and 26/08/2011 respectively, while the information under point (ii) is of interrogatory nature/seeking reasons from the CPIO which is not covered by the definition of 'information' under Section 2(f) of the RTI Act. The appellant is not present for making his submissions/contesting the facts.
Decision notice:
From the CPIO's representative's submissions it appears that the information under points
(i) & (iii) has been furnished. The submissions for denial of information sought under point (ii) are upheld.
The matter is closed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
BASANT SETH Information Commissioner (In any correspondence on this decision, mention the complete decision number.) (RM) Page 2 of 2