Central Information Commission
Shri Sudhakar Tiwari vs Union Public Service Commission (Upsc) on 26 October, 2009
CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00703 dated 14.07.'08
Right to Information Act 2005-Section 18
Appellant : Shri Sudhakar Tiwari
Respondent : Union Public Service Commission (UPSC), New Delhi.
Decision Announced 26.10.'09
Facts:-
By an application dated 13.09.2007 Shri Sudhakar Tiwari of Besant Nagar, Chennai, Tamilnadu sought from the Central Public Information Officer, Union Public Service Commission, New Delhi information on his being overlooked for promotion in the DPC held in UPSC on 22.08.2007 along with a copy of DPC's observation to that effect. In his response of 20.09.2007, the CPIO & Under Secretary, Shri K. S. Sampath UPSC, New Delhi informed the complainant that soliciting explanations of the Central Public Information Officer about the grievance is not covered under the definition of "information" in terms of Section 2(f) of RTI Act and hence the CPIO has no disclosure obligations in explaining the reason for his being over-looked for promotion. Further, the request for supplying the copy of DPC's observation was denied by the CPIO in terms of Sections 8 & 30(i) of the RTI Act. The complainant Shri Sudhakar Tiwari, being aggrieved, approached this Commission.
In response to the notice served by the Commission on 22.09.2009 to the CPIO, Union Public Service Commission for furnishing comments on the complaint of Shri Sudhakar Tiwari, the CPIO & Under Secretary Shri S. C. Srivastav, UPSC furnished his comments on 06.10.2009 in which he has informed the Commission that the UPSC in its decision dated 06.10.2007 based on the decision of CIC in Appeal No. CIC/WB/A/2007/00185, had already decided to share minutes of the DPC with the information seekers and had Shri Sudhakar Tiwari made first appeal to the Appellate Authority, UPSC, they would have supplied the copy of the minutes of the DPC to him which contains various 1 instructions/ guidelines to be observed by the DPC while making objective assessment and deciding suitability of candidates for promotion.
Decision Because the 1st appellate authority has not addressed the questions of appellant, which are of direct concern to her public authority and because the complainant has pleaded no ground for making a direct complaint to us u/s 18(1)(e), the Commission has decided to remand this complaint to the First Appellate Authority Smt. Neeta Prasad, Joint Secretary, UPSC to dispose of the complaint of Shri Sudhakar Tiwari as a 1st appeal within ten working days from the date of receipt of this decision, under intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information Commission. If not satisfied with the information provided on his 1st appeal, appellant Shri Sudhakar Tiwari will be free to move a 2nd appeal before us as per Sec 19 (3).
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 26.10.2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(PK Shreyaskar) Jt. Registrar 26.10.2009 2