Central Information Commission
Mr.Braj Bhushanray vs Staff Selection Commission on 24 February, 2014
(for compliance)
copy of appeal along with its enclosures is enclosed for reference
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SM/A/2013/000681SS
February 24, 2014
Appellant : Shri Braj Bhushan Ray
Respondents : Staff Selection Commission
(Western Region) Mumbai Date of Hearing : 24.02.2014 INTERIM ORDER The present appeal, filed by Shri Braj Bhushan Ray against Staff Selection Commission (Western Region), Mumbai was taken up for hearing via videoconferencing (VC) on 24.02.2014 when the Respondents were present at NIC VC facility at Mumbai through Shri Yogesh R Patel, Deputy Director. The Appellant was however not present.
2. The Appellant through an RTI application dated 02.06.2012 sought following information in respect of Combined Higher Secondary Examination, 2010:
1) Photo copy of skill test in respect of Data Entry skill test held on 18 Feb 2011.
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2) Whether I was qualified in skill test for Data Entry or not.
3) Marks obtained by me in written test.
4) Cutoff marks for Data Entry Operator in respect of Ex
Servicemen General category."
3. The CPIO vide his letter dated 13.06.2012 furnished pointwise reply to the Appellant. As for point No.1, he stated that information is not available. As for point No.2, he informed the Appellant that he was not qualified in skill test. As for point No. 3, he stated that skill test is qualifying in nature. As for point No. 4, he indicated the cut off marks (i.e. 139) for Data Entry Operator in respect of ExServicemen in General Category.
4. The Appellant on receipt of this reply wrote a letter dated 07.07.2012 to the CPIO expressing his dissatisfaction with the reply given against point No. 1 of the RTI application. The Appellant stated that he wants to obtain a photo copy of typing sheet which he had typed during skill test held on 18.02.2011.
5. The CPIO then transferred the Appellant's above request to Shri Gopinath Nayak, Under Secretary P&P I), SSC, New Delhi. Shri Gopinath Nayak, on receipt of this request, wrote a letter dated 23.08.2013 to Smt. S.R. Unni, Accounts Officer, SSC, Mumbai stating that P&P I Section is not concerned with the type/skill test. He requested that this information may be obtained from the Section/Regional office concerned which had conducted the typing/skill test. Thereafter Shri Gopinath Nayak, Under Secretary (P&P I), SSC, New Delhi vide his letter dated 26.10.2012 transferred the RTI request to the Regional Director (WR), Mumbai requesting him to send the information to the Appellant immediately. The Appellant then, on not receiving the desired information, filed an appeal dated 30.11.2012 before the Appellate Authority, SSC, Mumbai. The Appellate Authority, SSC, Mumbai vide his 2 letter dated 27.12.2012 forwarded this appeal to Shri Kashi Nath Ram, Deputy Director CII, SSC, New Delhi stating that the skill test typing sheet in respect of Data Entry Operator held on 18.02.2011 was sent to SSC, HQ, CII for evaluation. Shri Kashi Nath Ram, Deputy Director (CII), SSC New Delhi, in turn, vide his letter dated 03.01.2013 transferred the Appellant's RTI request to Shri Gopinath Nayak, Under Secretary, (CI/I) Section SSC, New Delhi under section 6(3) of the RTI Act for necessary action. Thereafter this request of the Appellant was kept on transferring from one desk to another at SSC office at New Delhi, but no information was provided to the Appellant. The Appellant then finally filed the present appeal before the Commission on 15.04.2013 against nonsupply of information, interalia, stating that "my request is being transferred from one office to another & no office taking responsibility to provide the required information."
6. During the hearing, the Respondents inform the Commission that on receipt of the Commission's hearing notice dated 29.01.2014, they had sent a letter dated 04.02.2014 to Shri Satya Prakash, Under Secretary (CI/I), SSC, New Delhi requesting him to apprise the status of Appellant's RTI request to the Commission. In response, they have received a letter dated 20.02.2014 from Shri Satya Prakash, Under Secretary (CI/I), SSC, New Delhi wherein he has informed as follows:
"I am directed to refer to your letter No.....dated 4th February, 2014 and to say that used postexamination material of nonqualified candidates of the above examination has been weeded out with the approval of the Commission. A copy of the note having approval of the Commission for weeding out the used post examination material of above examination is also enclosed."
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7. The Respondents produce copy of this letter along with its enclosure before the Commission for its perusal.
8. On perusal of records, the Commission notes that there has been a serious delay at several levels at the office of the Staff Selection Commission, New Delhi in responding to the Appellant's RTI request. As per the letter dated 27.12.2012 of Shri K.B. Jagtap, Regional Director & Appellate Authority addressed to Shri Kashi Nath Ram, Deputy Director, CII, SSC, New Delhi, 'skill test typing sheet' (information in question) was sent to the SSC, HQ, CII for evaluation. Further, Shri Kashi Nath Ram, Deputy Director, CII, SSC, New Delhi in his letter dated 03.01.2013 addressed to Shri K.B. Jagtap, Regional Director, SSC, Mumbai has admitted the fact that 'skill test typing sheet' was forwarded by SSC, Mumbai office to SSC, New Delhi office and that the same was processed in CII Section of SSC, New Delhi. This shows that the information in question was held by or under the control of SSC, New Delhi. However, yet it was not provided to the Appellant. Now at this stage the SSC, New Delhi has taken the stand that records related to information in question had been weeded out after taking the approval of the Chairman, SSC, New Delhi on 22.06.2012. Since the Appellant had filed his RTI application on 02.06.2012, the information sought by him could very well have been provided to him, had the public authority dealt with his RTI application with 'due care and attention'. Even the fact that the records related to the information sought by the Appellant was weeded out on 22.06.2012 had not been communicated to the Appellant. This makes out a prima facie case of not providing the information to the Appellant (without any reasonable cause) within the time specified in subsection (1) of section 7 of the RTI Act, and also of willfully causing obstruction to supply of 4 information to the Appellant. However, since there is involvement of several officers of SSC, New Delhi in dealing with the present RTI request of the Appellant, it is not clear as to which officer(s) has actually caused the delay in providing the information to the Appellant.
9. In view of the above, the Commission hereby directs the Member (S) of the Staff Selection Commission to inquire into the matter and identify the officer(s) responsible for causing the delay in supplying the information/reply to the Appellant in the present case and submit a report to the Commission within 3 weeks of receipt of this order. The report should also include the system being followed by the public authority for dealing with RTI applications and the corrective measures taken by the public authority to avoid the complaints such as the present one in future.
(Sushma Singh) Chief Information Commissioner CIC/SM/A/2013/000681SS Page 5 of 7 6 Authenticated by (D.C. Singh) Deputy Registrar Shri Sanjay Vikram Singh Member (S) Staff Selection Commission Block12, CGO Complex Lodi Road New Delhi Address to the Parties:
1. Shri Braj Bhushan Ray CPWD Staff Quarters TypeIII/5, Aakanksha Parisar PocketA, Jankipuram Lucknow 226 021
2. Central Public Information Officer (RTI) & Assistant Director Staff Selection Commission (Western Region) 1st Floor, South Wing, Pratistha Bhawan (Old CGO Building), M.K. Road Mumbai 400020
3. Appellate Authority (RTI) & Regional Director Staff Selection Commission (Western Region) 1st Floor, South Wing, Pratistha Bhawan (Old CGO Building), M.K. Road 6 Mumbai 400020
4. Shri Satya Prakash Under Secretary (C1/1) Staff Selection Commission Block12, CGO Complex Lodi Road New Delhi CIC/SM/A/2013/000681SS Page 7 of 7