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Central Information Commission

Sohan Singh vs Sashastra Seema Bal, on 1 March, 2023

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

ि तीय अपील सं या / Second Appeal No. CIC/SSBAL/A/2022/607170

Shri Sohan Singh                                            ... अपीलकता /Appellant
                                VERSUS/बनाम

PIO, O/o the SSB Force Hdqr New Delhi                 ... ितवादीगण /Respondent
Through: Shri Naresh Kumar Jangid - Dy.
Commandant; Shri Utpal Sen Das- Insp and
Shri Parmesh Tomar - ASI
Date of Hearing                      :   01.03.2023
Date of Decision                     :   01.03.2023
Chief Information Commissioner       :   Shri Y. K. Sinha

Relevant facts emerging from appeal:
RTI application filed on             :   04.01.2022
PIO replied on                       :   14.01.2022
First Appeal filed on                :   15.01.2022
First Appellate Order on             :   31.01.2022
2ndAppeal/complaint dated            :   03.02.2022
Information sought

and background of the case:

The Appellant filed an RTI application dated 04.01.2022 seeking information on the following points:-

1.Total post authorized in the rank of ASI(Min) as on 01.04.2012 and number of vacancies in the rank of ASI(Min) filled up by promotion of eligible HC/Mins in the year 2012. Breakup of vacancies (category wise) may also be provided.

2.Total post authorized in the rank of ASI(Min) as on 01.04.2013 and number of vacancies in the rank of ASI(Min) filled up by promotion of eligible HC/Mins in the year 2013. Breakup of vacancies (category wise) may also be provided.

3.Total post authorized in the rank of ASI(Min) as on 01.04.2014 and number of vacancies in the rank of ASI(Min) filled up by promotion of eligible HC/Mins in the year 2014.Breakup of vacancies (category wise) may also be provided.

It is to mention that earlier I had requested to supply the information on same matter but the same was not supplied to me in terms of Section 24 of Page 1 of 3 RTI Act. The above information is sought only in numbers and is related to past vacancies of a single post. As such, this information has no connection with sec-24. Thus the information as sought is very essential in public interest and in view of natural principal justice. In view of above mentioned circumstances, my application should not be rejected, and information as sought may please be supplied for which I shall be always greatful to you.

The PIO vide online letter dated 14.01.2022 denied the information invoking Section 24 of the RTI Act.

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 15.01.2022. The FAA vide online order dated 31.01.2022 informed as under:-

In this connection, it is informed that under Section 24 of the RTI Act 2005, SSB is exempted from the provision of the said Act, except in the class pertaining to corruption and Human right violation. The information sought in your RTI appeal application does not pertain to corruption or human right violation.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission has been received from CPIO, SSB vide letter dated 23.02.2023, furnishing a detailed report about the case, relevant excerpt whereof is as under:

Hearing was scheduled through virtual means after giving prior notice to both the parties. Both parties are present for hearing held through video conference and placed reliance on the contents of the written submission, mentioned in the preceding paragraph, reiterating the contents thereof.

Decision:

The Commission is in agreement with the response furnished by the PIO and finds no legal infirmity in the same. Perusal of records of this appeal reveals that the written submission dated 23.02.2023 filed by the Respondent provides a comprehensive factual account of the case at hand. However, copy of the same has not been sent to the Appellant. Hence it is directed that a copy of the written submission should be supplied to the Appellant, within two weeks of receipt of this order and the Respondent shall submit a compliance report before the Commission in this regard by 31.03.2023.

The appeal is disposed off as such.

Y. K. Sinha (वाई.

वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3