Central Information Commission
Ankit Bhaskar vs Indian Army on 29 December, 2020
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/IARMY/A/2018/174192
In the matter of:
Ankit Bhaskar
... Appellant
VS
Central Public Information Officer,
Indian Army HQ AOC Centre,
Pin 900453,C/O 56 APO
...Respondent
RTI application filed on : 11/08/2018 CPIO replied on : 07/09/2018 First appeal filed on : 27/09/2018
First Appellate Authority order : 10/11/2018 Second Appeal filed on : 27/12/2018 Date of Hearing : 29/12/2020 Date of Decision : 29/12/2020 The following were present: Appellant: Not present
Respondent: Col Nitin Nath and PIO, present over VC Information Sought:
The appellant has sought the following information in regard to the unit quota recruitment rally conducted at AOC Centre from 18.06.2018 to 29.07.2018:
1. Provide the marks scored by the appellant in the written examination conducted on 29.07.2018 for the above stated recruitment.
2. Whether additional 10 marks were given to the appellant in the written examination for submitting the NCC provisional certification as per letter No. TS/16/GDA/155116.
3. Provide total marks obtained by the appellant in the written examination after deducting the extra 10 marks of NCC provisional certificate.1
4. Provide the cut off marks for the merit in the written examination conducted on 29.07.2018.
Grounds for Second Appeal The CPIO did not provide the satisfactory information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present at the VC venue despite duly served notice on 10.12.2020 vide speed post acknowledgment no. ED663704047IN.
In his second appeal he had submitted that the CPIO may be directed to provide the marks obtained by the last selected candidate after allotting all the weightage marks in the written examination conducted on 29 July, 2018, to provide a copy of the policy letter wherein it is mentioned that there is no provision to allot after providing the provisional certificate of NCC and a copy of the policy letter wherein the details of weightage of marks allotted for various categories have been mentioned.
The CPIO submitted that a point-wise reply was given to the appellant on 07.09.2018. He further submitted that there is no provision in the recruitment notice to provide cut off marks and hence it was denied. He was not able to explain whether cut off marks exist or not but informed that this matter will be checked .
Observations:
From a perusal of the relevant case records, it is seen that an apt reply was given to the appellant on points no. 1 to 3. However, on point no. 4 where the appellant had sought cut off marks in the written examination conducted on 29.07.2018, the CPIO had denied the information while claiming exemption u/s 8(1)(j) of the RTI Act. The Commission finds that the exemption so claimed by the CPIO is totally misplaced as the information sought on this point does not qualify as personal information of any third party. The CPIO is therefore directed to provide a revised reply to the appellant on this point disclosing the cut off marks, if any, for the written examination conducted on 29.07.2018 or the criteria. In case no such cut off marks exist, the appellant should be informed accordingly. It is also brought to the notice of the appellant that whatever points were raised by him in his original RTI application those were replied to by the CPIO. He cannot seek any additional information or raise any fresh query at the Appellate stage.2
Decision:
In view of the above, the CPIO is directed to provide a revised reply to the appellant on point no. 4 as per the discussions held during the hearing within a period of 10 days from the date of issue of this order under intimation to the Commission.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णतस या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 3