Central Information Commission
Rajat Kumar Mehra vs Institute Of Chartered Accoutant Of ... on 5 October, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग
, मुिनरका
Baba Gangnath Marg, Munirka
नई द
ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/ICAOI/A/2017/169177
Rajat Kumar Mehra ... अपीलकता /Appellant
VERSUS
बनाम
CPIO, The Institute of Chartered ... ितवादीगण /Respondents
Accountants of India, ICAI Bhawan,
New Delhi.
Relevant dates emerging from the appeal:
RTI : 09.06.2017 FA : 10.08.2017 SA : 27.09.2017
CPIO : 11.07.2017 FAO : 18.09.2017 Hearing : 28.09.2018
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), The Institute of Chartered Accountants of India, ICAI Bhawan, New Delhi seeking information on thirteen points, including, inter-alia, (i) a copy of publication in the Gazette of India for next Information Systems Audit Assessment Test (ISA-AT) examination on 24.06.2017 to comply with the requirements of regulation 22 of the Chartered Page 1 of 4 Accountants Regulations, 1988 and (ii) the name and designation of the person making the announcement no. 13-CA (Exams)/Wdng Policy/2012 dated 16.11.2012.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has provided evasive replies on point nos. 3 and 5 to 9 of the RTI application. The appellant requested the Commission to direct the CPIO to provide the information sought for by him in his RTI application, to impose penalty upon the respondent, to take necessary action against the erring officials and to award him compensation.
Hearing:
3. The appellant Shri Rajat Kumar Mehra and the respondent Shri Dinesh Kumar Mishra, Asstt. Secretary & CPIO, Ms. Seema Gerotra, Jt. Director & FAA, Shri Rajiv Seth, Jt. Secretary (Exams), ICAI, New Delhi were present in person.
4. The appellant submitted that vide point no. 5 (i) of the RTI application he has sought the name and designation of the person making the announcement no. 13-CA (Exams)/Wdng Policy/2012 dated 16.11.2012. The CPIO merely informed him that the said announcement was made by the Head of the Examination Department. However, there is no such post of Head of the Examination Department in the institute. The appellant requested the Commission to direct the CPIO to provide the name and designation of the person as sought by him.
5. The respondent submitted that in response to the RTI application a point wise reply was provided to the appellant vide letter dated 11.07.2017. The respondent assured that he will go through the records and provide the name and Page 2 of 4 designation of the person as sought by the appellant vide point no. 5 (i) of the RTI application.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that though a point wise reply was provided to the appellant vide letter dated 11.07.2017, the information sought vide point no. 5(i) of the RTI application has not been provided to the appellant. The Commission, therefore, directs the CPIO to provide the name and designation of the person making the announcement no. 13-CA (Exams)/Wdng Policy/2012 dated 16.11.2012 as sought vide point no. 5(i) of the RTI application, to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sudhir Bhargava (सुधीर भाग व) Information Commissioner (सूचना आयु ) दनांक / Date 01.10.2018 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Page 3 of 4 Addresses of the parties:
1. The Central Public Information Officer (CPIO), The Institute of Chartered Accountants of India ICAI Bhawan, Indraprastha Marg New Delhi -110002
2. Rajat Kumar Mehra Page 4 of 4