Central Information Commission
Ajit Kumar Singh vs Department Of Posts on 6 August, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
Second Appeal No.: CIC/POSTS/A/2018/135214
Shri Ajit Kumar Singh Appellant
Versus
CPIO, Department of posts Respondent
Order Sheet: RTI filed on 01.06.2017, CPIO replied on 03.07.2017, FAO on 18.08.2017, Second
appeal filed on 04.06.2018, Hearing on 02.08.2018;
Proceedings on 02.08.2018: Appellant represented by Mr. Vikas Kumar from NIC Bhagalpur, Public
Authority represented by Mr. Arvind Kumar Sinha, Asst. Director from NIC Patna;
Date of Decision - 03.08.2018: Disposed of with directions.
ORDER
FACTS:
1. The appellant sought information pertaining to appointment under compassionate grounds. He specifically sought for total number of appointments made from 2017 to till the date of RTI application along with educational qualifications; cadre-wise details of vacancies available during January 2012 to March 2012 etc. The CPIO on 03.07.2017 provided complete information on point no. 1 and intimated on point nos. 2 and 3 that the information sought is not available in material form. The FAA on 18.08.2017 directed the CPIO to provide information on point no. 2 within 7 days. Being dissatisfied, the appellant approached this Commission.
CIC/POSTS/A/2018/135214 Page 1 Decision :
2. The appellant stated that no information was received till date. The officer explained with regard to point no. 2, that the vacancies in question does not arise on quarterly basis and the same has to be decided by the Headquarters.
3. The Commission upon hearing both the parties and perusing the records directs the respondent authority to provide a detailed note on point nos. 2 and 3, within 14 days from the date of receipt of this Order.
4. Most of the RTI applications are about appointments under compassionate scheme, according to which a member of the family of the deceased employee will get the job on fulfillment of certain prescribed conditions. The bereaved family will be kept waiting eternally for the appointment and even for information about it.
While the formalities and lethargy cause inordinate delay in dealing with those files, the CPIOs keep on delaying or denying the RTI requests. This is not proper on the part of respondent authority. If the scheme of compassionate appointment is to be continued, they have to implement if promptly and provide all concerned information on line suo motu, without leaving any need or scope for the aspirants to file RTI applications. Keeping them waiting without any information is inhuman and cruel. It also amounts to thanklessness of the department towards the person who served during his life time and died in service. It is the duty of the public authority to act swiftly on these applications and provide entire information from time to time. Its an obligation under Section 4(1)(b) of RTI Act. Even the decisions of the meeting, details of decisions, reasons for rejection or postponement have to be given to the affected person. Generally the rejected family will be asking details about the families who secured jobs with the sanction by the selection committee under compassionate grounds. If such both job and information is denied, it will be anti-thesis of the compassion and defeats very purpose of the scheme. Hence the Commission requires every public authority to publish entire information about agenda, dates of meetings, resolutions, minutes, reasons for rejection, comparative evaluation sheets, etc from time to time on their official websites, under any circumstances not beyond five days from the date of conclusion of the meetings, so that aspirants need not file RTI applications for such information. It is also matter CIC/POSTS/A/2018/135214 Page 2 of good governance and proper implementation of their policies towards the employees.
5 The Commission directs this respondent authority, in particular to post all resolutions/decisions/minutes of meetings on the issue of compassionate appointments, on their official websites within 5 days of such meeting. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
CIC/POSTS/A/2018/135214 Page 3