Central Information Commission
Manoranjan Mishra vs Institute Of Cost Accountants Of India on 22 March, 2023
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क ीय सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका,
नरका नई द ली - 110067
Munirka, New Delhi-110067
File no.: CIC/ICAOI/A/2022/615669/ICWAI
In the matter of
Manoranjan Mishra
... Appellant
VS
CPIO
Institute of Cost Accountants of India,
CMA Bhawan, 3, Lodhi Road, Institutional Area,
New Delhi, Delhi 110003
... Respondent
RTI application filed on : 28/04/2021 CPIO replied on : 08/09/2021, 21/10/2021 First appeal filed on : 22/11/2021 First Appellate Authority order : 07/12/2021 Second Appeal filed on : 09/03/2022 Date of Hearing : 21/03/2023 Date of Decision : 21/03/2023 The following were present:
Appellant: Not present Respondent: P.Mukherjee, PIO, Kolkata, present over phone Information Sought:
The Appellant has sought the following information: a. Provide a copy of the Minutes of The Council Meeting wherein it was decided to conduct the home based and centre based online exam for Intermediate and Final Exams in Dec, 2020. Also provide the name of the Council Members who agreed/ who disagreed.
b. Provide the number of students who appeared and completed Intermediate and Final exams (stage wise) and also separately for Centre wise.1
c. What is the %age of marks secured by rank holders (Rank 1 to Rank 50) in the examination of 2015 to 2019 (both June and December) and December, 2020 batch? Provide the name-wise batch-wise %age of marks. d. And other related information.
Grounds for Second Appeal The CPIO did not provide the desired information. Submissions made by Appellant and Respondent during Hearing: The appellant in his second appeal contested all the points of the RTI application. However, he failed to attend the hearing despite due service of notice on 10.03.2023 vide speed post acknowledgment no. ED914771882IN. The PIO Delhi vide written submissions dated 21.03.2023 submitted that the matter was primarily an examination matter where only a part reply was provided by her and the rest of the same by their Kolkata office. Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 08.09.2021 replied to the appellant and provided a point-wise reply on points no. (a)(d)(g)(h) and (m) of the RTI application. The appellant was not satisfied with the reply and filed a first appeal on 22.11.2021. The FAA disposed of the first appeal and held that suitable replies were provided on 08.09.2021 and 21.10.2021.
The letter dated 21.10.2021 was perused and it was noted that points no.
(b)(c)(e)(f)(i)(j)(k) and (l) were replied to by the PIO Kolkata. As two CPIOs had provided replies, the same were combined in one tabular format with the second appeal contentions for clarity.
Reply Comments in Remarks
second appeal
(a) The examination process Information not The minutes of Council is confidential in nature provided meeting if not and therefore, the details disclosable, the same to sought cannot be be denied as per the disclosed. provisions of the RTI Act.
(b) Website details provided. Information not As available information provided for was provided.
2Centre based and Home based.
(c) The rank lists of Information not The hyperlink to be respective examinations available on provided by the CPIO. were made available at website as the Institute's official replied. website right after the declaration of the exams of the terms.
(d) As per Audited Annual Provided year As available information Accounts of the Institute wise and not was provided. from FY 2015-16 to FY session wise. 2019-20 the figures for the last five years were provided.
(e) The details of centres are Centre in each As available information provided in the city where was provided. examination notifications examination available at the Institute's centre was not official website. provided.
(f) It is as per the Institute's Information not Policy cannot be
policy. provided disclosed as the same
may reveal the source
and compromise the
examination process.
However, denial should
be as per the RTI Act.
The CPIO to mention
correct exemption
clause.
(g) The vendor for examination Information not The CPIO to mention
was selected after due tender provided (Vendor correct exemption
process as per guidelines. The selection is not clause.
examination process is examination
confidential in nature and
3
therefore the same cannot be procedure) disclosed.
(h) The weblink of the Complete As available information information available was information not was provided.
provided. The link provided.
given as reply shows amount or rate per head of form fill up of students.
(i) It was made available in Not available in The CPIO to provide a the RFP that was website or revised reply as per the floated at the provided to him. RTI Act. Institute's website for the purpose.
(j) Complaints received from Specific The CPIO to provide a students have been taken care information revised reply as per the of. sought not RTI Act. provided. As per availability of records, the number of complaints can be disclosed.
(k) Record not readily kept in Information not In case no record the format requested. provided. available, no relief can be given.
(l) This information is Information not The CPIO to mention confidential in nature and provided. correct exemption cannot be made public. clause.
(m) With respect to the online Information The appellant was not exam process so far no case has provided is present to explain. been registered against the irrelevant. Institute in the Court of Law as per the knowledge of the Legal Department.
4Decision:
The CPIOs shall provide a revised reply as per the above remarks within 7days from the date of receipt of this order and shall be careful that the denial if any is backed by the relevant provisions of the RTI Act. Both the CPIOs shall submit a compliance report to the Commission within 10 days from the date of receipt of this order.
The appeal is disposed of accordingly.
वनजा एन.
Vanaja N. Sarna (वनजा एन सरना) सरना सूचना आयु ) Information Commissioner (सू Authenticated true copy (अिभ मािणत स यािपत ित) A.K. Assija (ऐ.के . असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 5