Central Information Commission
Srijith G Kamath vs Department Of Posts on 7 December, 2020
CIC/POSTS/A/2019/600260
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/POSTS/A/2019/600260
In the matter of:
Srijith G Kamath ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO ...प्रनतवािीगण /Respondent
/& ACAO (Computer)
(LDCE AAO 2018),
Department Of Posts,
Dak Bhawan,
New Delhi
Relevant dates emerging from the appeal:
RTI : 03.10.2018 FA : 04.11.2018 SA : 07.01.2019
CPIO : 31.10.2018 FAO : 14.12.2018 Hearing : 04.12.2020
The following were present:
Appellant: Shri Srijith G Kamath participated in the hearing through video
conferencing from NIC Ernakulam.
Respondent: Shri Pardeep Mehlawat, CPIO/ADG participated in the hearing on
being contacted on his telephone.
Page 1 of 5
CIC/POSTS/A/2019/600260
ORDER
Information sought:
The Appellant filed an RTI Application dated 03.10.2018 seeking information on the following two points:
1. Marks obtained by Srijith G Kamath (Appellant) Roll No. 1115327, LDCE AAO-
2018 for all the six papers in LDCE AAO-2018 held from 05-07-2018 to 08-07-2018.
2. Please provide attested copies of all the pages of answer script including tabulation sheet/examiners evaluation sheet for all the six papers in LDCE AAO- 2018 held from 05-07-2018 to 08-07-2018 of Srijith G Kamath (Appellant) Roll No. 1115327, LDCE AAO-2018.
[Queries reproduced verbatim] The CPIO vide letter dated 31.10.2018 stated as under:
"(i) Arrangements are under process for communicating the marks.
(ii) Answer sheets cannot be revealed as per Hon'ble Supreme Court judgment pronounced in the matter of UPSC vs Angesh Kumar, Feb 2018, in CIVIL APPEAL No. (s). 6159-6162 of 2013".
Being dissatisfied, the Appellant filed a First Appeal dated 04.11.2018. The First Appellate Authority vide order dated 14.12.2018 upheld the reply of CPIO.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the RTI Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant while reiterating the contents of the RTI Application and the replies provided by the Respondent expressed his dissatisfaction over the information provided by the Respondent public authority. He further stated that the marks were Page 2 of 5 CIC/POSTS/A/2019/600260 provided to the Appellant on his mobile number through SMS on 27.11.2018. Upon being queried as to whether he has received the written submission dated 19.11.2020 or not, he replied in negative.
The Respondent submitted that on 19.11.2020 revised and point-wise information has been provided to the Appellant through ordinary post. At the instance of the Commission, he explained that the examination is subjective in nature and the answer sheets are still available with them.
A written submission dated 19.11.2020 filed by the Shri Kunal Srivastava, CPIO and Asst. Director General (PA-Admn) is taken on record.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent has provided the marks scored by the Appellant in the aforesaid exam, the relevant photocopies have not been provided citing the judgment of Hon'ble Supreme Court in the matter of UPSC vs. Angesh Kumar. The Commission further observes that it cannot deny the facts of UPSC vs. Angesh Kumar (supra) are distinguishable from those in the present case. The legal doctrine of 'Stare Decisis' obligates courts to follow historical cases when making a ruling on a similar case. It ensures that cases with similar scenarios and facts are approached in the same way. In the present case, it is not clear as to how the ratio of the UPSC vs. Angesh Kumar (supra) case is applicable. Merely citing a case law does not suffice. The CPIO has failed to establish and convince the Commission as to how the facts and circumstances of the UPSC vs. Angesh Kumar (supra) case are similar and applicable to the present case. Thus, the onus to prove that a denial of a request was justified is on the CPIO. But in the instant case, the CPIO has been unable to discharge that Page 3 of 5 CIC/POSTS/A/2019/600260 responsibility. Hence, the provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information, which relates to securing transparency and accountability in the working of public authorities. The Commission therefore holds that candidates have a right to seek a copy of their respective answer sheet. It will not only contribute to transparency but also facilitate the candidates in assessing their performance.
In the light of the foregoing, the Commission hereby directs the CPIO to provide a copy of the answersheet as sought in the instant RTI Application to the Appellant, after redacting the details of the examiner concerned, under intimation to the Commission, within 15 days from the date of issue of this order.
Notwithstanding the above, the Commission points out that the written submission which contains partial revised information was dispatched to the Appellant through ordinary post and the same is being viewed adversely. Accordingly, the Commission cautions the Respondent public authority that in future, all the communication/correspondence under the RTI Act shall be sent through speed/registered post only.
With the above observations, the appeal is disposed of.Page 4 of 5
CIC/POSTS/A/2019/600260 Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अनमता पांडव) Information Commissioner (सूचना आयुक्त) दिनांक / Date: 04.12.2020 Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) / ADG, PA Admn., Department Of Posts, Dak Bhawan, New Delhi - 110001
2. The Central Public Information Officer (CPIO) /& ACAO (Computer) (LDCE AAO 2018), Department Of Posts, Dak Bhawan, New Delhi - 110001
3. Shri Srijith G Kamath Page 5 of 5