Central Information Commission
Mr.Surendra Ram vs M/O Labour And Employment Main ... on 25 June, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/DS/A/2010/000003/SG/8259
Appeal No.CIC/DS/A/2010/000003/SG
Relevant Facts emerging from the Appeal
Appellant : Mr. Surendra Ram
Qr.no- C 65, Sector 3
PO-Nigahi Project, Zila -Singrauli,
M.P. Pin- 486884
Respondent : Mr. R. Subramanian
Central Public Information officer & Director Science and Technology Division Director of Mines Safety, Directorate General of Mines Safety, Dhanbad, Jharkhand. -826001 RTI application filed on : 15/06/2009 PIO replied : 22/07/2009 First appeal filed on : 03/08/2009 First Appellate Authority Ordered on : 14/08/2009 Second Appeal received on : 27/08/2009 Information Sought:
Furnish certified copies of entire pages of answer sheet of roll no. 35823-1305 of the First Class Managers Certificate of Competency Examination 2008 under CMR 1957 held on 14th December 2008 at Bilaspur Center of Examination.
Reply of the Public Information Officer (PIO): 20/07/2009 (Reply by Director Exam Safety Exam to CPIO).
There exists no provision for supply of copies of answer books to candidates in regulations & Bye laws governing the examination.
Grounds for the First Appeal:
Information not provided in stipulated time period. Desired information not provided as stated enclosures are missing from the letter.
First Appellate Authority (FAA) order:
There exists no provision for supply of answer sheets to the candidates in the regulation and byelaws governing the examinations.
Grounds for the Second Appeal:
The information provided by the FAA & CPIO is unsatisfactory. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Surendra Ram on audio conference through Phone no. 09425190403; Respondent: Mr. R. Subramanian, Central Public Information officer & Director Science and Technology Division;
The PIO has refused to give the information on the ground that copies of answer sheets have never been given before and that there is no such provision in the byelaws. Denial of information under the RTI Act can only be based on the provisions of Section 8(1) of the RTI Act. Section 22 of the RTI Act clearly states that the provisions of this Act shall have effect notwithstanding anything inconsistent in any laws made before this. In a full bench decision in Complaint No. CIC/WB/C2006/00223; and Appeal Nos. CIC/WB/A/2006/00469; & 00394 along with other appeals a full bench of the Central Information Commission has decided, " 42. However, insofar as the departmental examinees are concerned or the proceedings of Departmental Promotion Committees are concerned, the Commission tends to take a different view. In such cases, the numbers of examinees are limited and it is necessary that neutrality and fairness are maintained to the best possible extent. Disclosure of proceedings or disclosure of the answer sheets not only of the examinees but also of the other candidates examiners, existence of a fool-proof system with proper checks and balances etc. Therefore, in respect of these examinations, the disclosure of the answer sheets shall be the general rule but each case may have to be examined individually to see as to whether disclosure of evaluated answer sheets would render the system unworkable in practice. If that be so, the disclosure of the evaluated answer sheets could be denied but not otherwise. However, while doing so the concerned authority should ensure that the name and identity of the examiner, supervisor or any other person associated with the process of examination is in no way disclosed so as to endanger the life or physical safety of such person. If it is not possible to do so in such cases, the authority concerned may decline the disclosure of the evaluated answer sheets u/s 8 (1) (g)."
The PIO has not quoted any provision of the RTI Act by which he is denying the information. In view of this the PIO's decision has been made without any basis in the law and is set aside. The Commission also warns the PIO that if any denial of information is made without the denial been supported by the exemptions of the RTI Act the penal provisions of Section 20(1) would be invoked.
Decision:
The Appeal is allowed.
The PIO is directed to provide the attested copies of the answer sheets to the appellant before 15 July 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 25 June 2010 (In any correspondence on this decision, mention the complete decision number.)(ARG)