Central Information Commission
Shiv Nandan Gautam vs Bureau Of Indian Standards on 7 December, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/BISHQ/A/2022/604065
CIC/BISHQ/A/2022/605114
Shri Shiv Nandan Gautam ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, Bureau of Indian Standards ...प्रतिवादीगण /Respondent
Date of Hearing : 07.12.2023
Date of Decision : 07.12.2023
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
604065 22.10.2021 18.11.2021 25.11.2021 03.01.202 20.01.2022
1
605114 26.11.2021 17.12.2021 13.01.2022 20.01.202 25.01.2022
2
Information soughtand background of the case:
(1) CIC/ BISHQ/A/2022/604065 The Appellant filed an RTI application dated 22.10.2021 seeking the following information:-
"Kindly refer to Your letter No.- HRD/ELTE002826 dated 07/10/2021 (Copy enclosed) and Kindly furnish the following information under Right to Information Act 2005.
1. Kindly Provide certified copy of GATE Score Card (2018) submitted by Shri Varunendra Kumar Mishra, at the time of online application for the job of Scientist B.
2. GATE Score Card (2018) in respect of Shri Varunendra Kumar Mishra, was sent to IIT Guwahati at the time of Document Verification, Please provide certified copy of the letter sent by BIS to IIT Guwahati, in this regard.Page 1 of 5
3. The GATE Score Card (2018), of Shri Varunendra Kumar Mishra, has been declared spurious by IIT Guwahati. Please provide certified copy of the letter issued by IIT Guwahati to your department, in this regard.
4. Shri Varunendra Kumar Mishra has himself declined the offer of appointment on07-09-2020, during the course of document verification. provide a certified copy of the letter or application or declaration (whichever is applicable) issued by him, in this regard.
5. As it is clear from the subject of the letter under reference above, that the complaint made by me pertains to forged EWS and PwBD (disability) certificate. So Kindly provide certified copies of EWS and PwBD, submitted by Shri Varunendra Kumar Mishra, while applying online.
6. If any FIR has been lodged by the Department against Shri Varunendra Kumar Mishra for obtaining public employment with the help of forged documents. If yes, then provide certified copy of FIR. If any action has been taken on that FIR, then also provide a certified copy of that correspondence."
The CPIO, Bureau of Indian Standards, vide letter dated 18.11.2021 replied as under:-
The desired information could not be provided under clause 8.1(j) of the RTI Act, 2005.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.11.2021. The FAA, Bureau of Indian Standards, vide order dated 03.01.2021 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Respondent has sent a written submission dated 30.11.2023 stating as under:
In this regard, the following is submitted:
1. Since Sl. No. 1 to 5 were related to third party information, hence the same was not provided under the provision given in clause 8(1)(j) of RTI Act, 2005.
Similar Second Appeal of Shri Shiv Nandan Gautam on 3rd party information was disposed on 25-10-2022 by Ms. Amita Pandove, Hon'ble Information Commissioner, in which the appellant was also present in the hearing through video conference from NIC Satna (CIC/BISHQ/A/2021/638303 dated 25-10-2022).
2. For SI No. 6 of the RTI application, HRD letter ref. HRD/ELTE002826 dated 07-10-2021 has already been provided [please see (e) of the letter]. Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present.
Page 2 of 5Respondent: Shri P K Sahoo - Dy. Secy., Smt. Shashi Malhotra- Section Officer and Shri Vijay Kumar Gupta are present for hearing.
Decision Perusal of records of the case reveals that the Respondent has sent appropriate reply to the Appellant. The Appellant has chosen not to contest the case at hand. Therefore, no further intervention is deemed necessary in the instant case.
The appeal is disposed off accordingly.
(2) CIC/ BISHQ/A/2022/605114 The Appellant filed an RTI application dated 26.11.2021 seeking the following information:-
"1. Kindly provide certified copy of the list of candidates, who have joined in the post of Scientist B against the advertisement issued on 29.02.2020.
2. If any offline or online departmental training has been given to the candidates joined in the above Govt. job, please provide certified copies of the orders issued by the department for departmental training for the post of Scientist B.
3. During the entire departmental training of the said candidates, please provide certified copies of the attendance register/attendance sheet of the all the candidates.
4. In the continuation of the above advertisement, the candidates who have been given the job of Scientist B from the waiting list, please provide certified copy of their list.
5. Kindly provide certified copy of the orders issued for departmental training of the candidates, who have joined through waiting list.
6. During the entire departmental training, please provide certified copies of the attendance register/attendance sheet of the all the candidates, who have joined through the waiting list."
The CPIO, Bureau of Indian Standards, vide letter dated 17.12.2021 replied as under:-
" Reply :- i) Not available in compiled form.
ii) Forwarded to NITS, kindly contact for further queries to NITS
iii)Forwarded to NITS, kindly contact for further queries to NITS
iv) Not available in compiled form
v) Not available in compiled form
vi) Forwarded to NITS, kindly contact for further queries to NITS"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 13.01.2022. The FAA, Bureau of Indian Standards, vide order dated 20.01.2022 held as under:-
Page 3 of 5"Reply: Section 8(1)(e) the Information has not given as per the Rule information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; "
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 the Respondent vide letter dated 01.12.2023 stating as under:
"In this regard, the following is submitted:
1. List of candidates who have joined BIS in the post of Sc. B against the advertisement issued on 29-02-2020 is attached as P-1 to P-3.
4. Please refer the list provided at Sl No. 1. This list also includes the candidates joined from waiting list.
5. The list of candidates who have under gone training against advertisement issued on 29-02-2020 is attached as P-4 to P-9 For SI No. 2, 3 and 6 forwarded to NITS, as the same does not pertains to HRD.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present Respondent: Shri Shyam Tyagi and Smt. Shashi Malhotra- Section Officers and Shri Vijay Kumar Gupta are present for hearing.
Decision:
Perusal of records submitted by the Respondent reveals that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly sent to the Appellant. The Appellant on the other hand has chosen not to contest the case. In the given circumstances, no further intervention is deemed necessary in the instant case.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालालसामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) Page 4 of 5 011-26186535 Page 5 of 5