Central Information Commission
Mr A Balakrishnan vs Cabinet Secretariat on 20 May, 2014
Central Information Commission
Room No. 306, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in
Case No. CIC/SM/A/2013/000809/SS
Dated: 20.05.2014
Name of Appellant : Shri A. Balakrishnan
Name of Respondent : Cabinet Secretariat
Date of Hearing : 19.03.2014
ORDER
Shri A. Balakrishnan, hereinafter called the appellant, has filed the present appeal dated 1.5.2013 before the Commission against the respondent Cabinet Secretariat, New Delhi for not providing complete and satisfactory information in response to his RTI application dated 21.1.2013. The appellant was heard through videoconferencing at NIC Videoconferencing Facility Centre, Tiruchirapalli. The respondent were represented by Shri Rajesh Nagpal, Under Secretary.
2. The appellant through his RTI application dated 21.1.2013 sought information on eighteen queries in respect of empanelment as Additional Secretary, GOI for the 1980, 1981 and 1982 IAS Batches. The CPIO vide letter No. 12015/42/2013-RTI dated 8.3.2013 replied to the appellant as follows: "Point No. 1 to 10 - As per Empanelment Guidelines, the role of the Expert Panel is not to lay down benchmark or cut off marks/points for empanelment as Additional Secretary, GOI. Further (a) matter of empanelment of IAS Officers of 1981 batch at the level of AS/ equivalent level posts in Centre is not yet complete, or over, and (b) information sought relates to personal information about IAS Officers of 2 Case No. CIC/SM/A/2013/000809/SS 1981 batch. Accordingly, furnishing the requisite information is exempted u/s 8(1)
(i) and (j) of the RTI Act; 11 to 13 - The matter of empanelment of IAS officers of 1981 batch and 1982 batch at the level of AS/ equivalent level posts in the Centre is not yet complete, or over. Accordingly, furnishing the requisite information is exempted u/s 8(1)(i) of the RTI Act. The requisite information about empanelment of IAS officers of 1980 batch is being ascertained from the relevant records and will be furnished soon; (14) As per recommendation of the Special Committee of the Secretaries, 6 IAS officers of 1980 batch were approved for empanelment to AS/ equivalent posts in the Centre in relaxation of the criteria for empanelment as provided in the relevant guidelines to address to issue of inadequate representation of officers of the State Cadre (s)/ officers belonging to Scheduled Castes. Further, furnishing the requisite details about these officers is exempted u/s 8(1)(j) of the RTI Act; (15 to 18) The matter of empanelment of IAS officers of 1981 batch and 1982 batch at the level of AS/ equivalent level posts in the Centre is not yet complete, or over, and the information sought relates to personal information about IAS officers. Accordingly, furnishing the requisite information is exempted u/s 9(1)(i) and (j) of the RTI Act. The requisite information about empanelment of IAS officers of 1980 batch is being ascertained from the relevant records and will be furnished soon."
3. However, not satisfied with the reply of the CPIO the appellant filed first appeal on 20.3.2013 before the FAA. The FAA vide order No. F-12015/42/2013- RTI dated 6.6.2013 remanded back the matter to the CPIO for considering appellant's request for taking an appropriate decision in the light of the issues raised by him in his appeal.
4. During the hearing the respondent CPIO submits that in compliance with directions of the FAA, he, vide his letter dated 23.8.2013 provided detailed point- wise information to the appellant on the issues raised by the appellant in his first appeal.
3 Case No. CIC/SM/A/2013/000809/SS5. The appellant during the hearing submits that he has not been provided with Empanelment Guidelines, the CPIO has also not given reasons why Shri R. Kanan's experience as CVO is not considered as relevant Central Experience for the purpose of eligibility for empanelment. The appellant further submits that the CPIO has also not provided marks/points given to all the officers of the 1981 batch for empanelment as Additional Secretary, GOI. The CPIO has also not provided the information in respect of how many officers of 1980, 1981 and 1982 batches were given exemption from the empanelment guidelines along with reasons for such exemption in each case. On the other hand the CPIO states that the matter of empanelment of IAS officers of 1981 and 1982 batch at the level of Additional Secretary / equivalent level posts is still not complete.
6. The information in respect of marks/points given to all the officers of the 1981 and 1982 batch officers is concerned, the Commission agrees with the contention putforth by the respondent that this information cannot be given at this stage since the process of empanelment is not yet complete, the information therefore is exempted under the provisions of Section 8(1)(i) of the RTI Act. However, as far as appellant's query why Shri R. Kanan's experience as CVO is not considered as relevant Central Experience for the purpose of eligibility for empanelment, is concerned, the respondent CPIO is hereby directed to provide a clear reply to the appellant. The CPIO is also hereby directed to provide authenticated copy of the Empanelment Guidelines to the appellant within two weeks of receipt of this order.
(Sushma Singh) Chief Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/SM/A/2013/000809/SS Address of the parties:
Shri A. Balakrishnan, Chairman, Pasumai Desam NGO, 6/89, Telgu Street, Mettupalayam, Musiri Taluk, Tiruchirapalli District-621210 (TN) Under Secretary/CPIO, Cabinet Secretariat, Rashtrapati Bhawan, New Delhi-110004.
The Joint Secretary/FAA, Cabinet Secretariat, Rashtrapati Bhawan, New Delhi-110004.