Central Information Commission
Jiban Kumar Modak vs Directorate Of Forensic Science on 13 December, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DIRFS/A/2023/138633.
Shri Jiban Kumar Modak. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Directorate of Forensic Science.
Date of Hearing : 09.12.2024
Date of Decision : 09.12.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 19.03.2023
PIO replied on : 11.04.2023
First Appeal filed on : 05.05.2023
First Appellate Order on : 16.05.2023
2ndAppeal/complaint received on : 27.10.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.03.2023 seeking information on following points:-
"1.If a OMR sheet of recruitment examination is filled (blank option A, B, C or D) by two different person, can it (ie. involvement of two different persons) be confirmed by any of the forensic tests which is also admissible in courts If yes, then inform such tests name.
2. If a OMR sheet of a recruitment examination is filled (blank option A, B, C or D) in two different dates by same person, can the different times of filling be confirmed by any of the forensic tests which is also admissible before court? If yes, mention name of such tests.
3. Inform that all above mentioned tests can be conducted when original or scanned or Photostat copy is available to the forensic scientists/specialists. (Inform separately for original, scanned and Photostat copy)."
The CPIO vide letter dated 11.04.2023 replied as under:-
Page 1 "The information is not available in any material form."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.05.2023. The FAA, Central Forensic Science Laboratory, Telangana vide order dated 16.05.2023 stated as under:-
"The First Appellate Authority, CFSL, Hyderabad has gone through the Appellant's request and RTI application related correspondence. The Appellate Authority is satisfied that the information provided by the CPIO, CFSL, Hyderabad was appropriate and in order. POINT NO.1: Blank Options (A, B, C or D) in an OMR Sheet are filled through bubbling process and no handwriting features are involved. The Document Division of this laboratory carries out handwriting comparison only.
POINT NO.2: The facility for ascertaining time of filling (ag: of the ink) is not available with CFSL, Hyderabad.
POINT NO.3: Not applicable"
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri P Samikkannu, Junior Scientific Officer CFSL/CPIO The CPIO referred to the written submission dated 03.12.2024 and stated that Appellant has not sought any specific information as defined of section 2(f) of RTI Act from the CPIO /Deemed CPIO which is available in material form and he has merely raised his assumption based question seeking the opinion, drawing the inferences and eliciting the views, clarification from the public authority. Further, Appellant has not sought any certified copies of records under section 2 j(ii) of RTI Act in his original RTI application dated 19.03.2023 as claimed by him in his written submission submitted to Hon'ble Commission. He has raised this new request for information at the stage of his Second Appeal.
CPIO further submitted that public authority is following the provisions of RTI Act in letter and spirit and are disclosing the information which is available in material form subject to the provisions of Section of 8, 9 and 11 of RTI Act and transparency is totally followed.
Page 2 Decision:
Upon the perusal of the case records& submissions, the Commission observes that an appropriate reply has been provided by the CPIO. The CPIO is directed to send a copy of the written submission dated 03.12.2024 with annexures to the Appellant within 10 days by speed post/registered post/ Email and further send a compliance report of this order to the Commission within 01 week thereafter.
No further action lies.
The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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