Central Information Commission
Shri Tapas Kumar Mandal vs Saha Institute Of Nuclear Physics on 1 December, 2009
Central Information Commission
Appeal No.CIC/SM/A/2009/000401 dated 30-09-2008
Right to Information Act-2005-Under Section (19)
Dated: 1 December 2009
Name of the Appellant : Shri Tapas Kumar Mandal Belgachhia Biophysic Laboratory, Biophysics Division, Saha Institute of Nuclear Physics, 37, Belgachhia Road, Kolkata.
Name of the Public Authority : CPIO, Saha Institute of Nuclear Physics, Sector - 1, Block - AF, Bidhannagar, Kolkata - 700 064.
The Appellant was present along with Shri Bhattacharya.
On behalf of the Respondent, the following were present:-
(i) Shri Rao, CPIO,
(ii) Shri M. Rajshekhar, FAA,
(iii) Shri S.K. Gupta
2. In this case, the Appellant had, in his application dated September 30, 2008, requested the CPIO for a number of information regarding the composition and recommendations of the Selection Committee which considered his promotion. The CPIO wrote to him on October 31, 2008 providing him with the information regarding the composition of the Selection Committee only while denying the remaining information on the ground that such information was kept in a sealed cover. Against this, the Appellant moved the first Appellate Authority on November 5, 2008. That authority disposed of the appeal in his order dated November 28, 2008 in which he endorsed the stand of the CPIO, further adding that because of the pendency of a departmental enquiry against the Appellant, the information regarding all other queries had been kept in a sealed cover and therefore the desired information was not available. It is against this order that the Appellant has come to the CIC in second appeal.
3. We heard this case through videoconferencing. Both the parties were present in the Kolkata studio of the NIC. We heard their submissions. The ground on which the CPIO had not disclosed the recommendations of the Selection Committee is eminently logical. In view of the pending disciplinary proceedings against the Appellant, the recommendations of the Selection Committee have been kept in a sealed cover and will be available only when the sealed cover is opened on the conclusion of those proceedings. Until then, since the information sought is not available to the CPIO, he cannot be expected to share it with the Appellant. We hope that the authorities would conclude his disciplinary proceedings early with the assistance of the Appellant himself so that the sealed cover could be opened and the desired information made available.
4. The appeal is, thus, disposed off.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Information Commissioner 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.
(Vijay Bhalla) Assistant Registrar