Central Information Commission
Oarvej Anam vs Department Of Financial Services on 27 December, 2016
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Appeal No. CIC/MP/A/2016/001419
Appellant : Shri Parvez Anam, Kolkata
Public Authority : Deptt of Financial Services, New Delhi
Date of Hearing : November 21, 2016
Date of Decision : December 13, 2016
Present:
Appellant : Present along with Shri Saurabh - through VC
Respondent : Shri VVS Kharayat, US - at CIC (attended late)
RTI application : 08.01.2016
CPIO's reply : 02.02.2016
First appeal : 12.03.2016
FAA's order : 11.04.2016
Second appeal : 07.06.2016
ORDER
1. Shri Parvez Anam, the appellant, while mentioning the importance of the role of the presiding officer of the DRT, sought information regarding the date of appointment of the Presiding Officer of DRT, Guwahati, Assam; his appointment notification; and his educational qualifications; other qualifications and past experience.
2. The CPIO provided the date of joining of the presiding officer along with a copy of the appointment notification and as regards educational qualifications, experience and other qualifications, he informed the appellant that the information is held by them in fiduciary capacity. Dissatisfied, the appellant approached the first appellate authority who upheld the decision of the CPIO. Not quite satisfied with the information provided, the appellant came in appeal before the Commission stating that as per Section 5 of Recovery of Debt Due to Bank & Financial Institutions Act, 1993 "a person shall not be qualified for appointment as a presiding officer of DRT unless he is or has been or is qualified to be a District Judge". He added that most of the presiding officers did not hold the requisite qualifications.
3. The matter was heard by the Commission. The appellant reiterated his request for seeking information regarding the educational qualifications and other qualifications and past experience in case of the presiding officer of DRT, Guwahati but he had been denied this information u/s 8(1)(e) and (j) of the RTI Act. He added that the information sought by him did not come within the purview of fiduciary relationship and the information sought was in greater public interest.
4. The respondents stated that they had provided the information regarding the date of joining and had even given a copy of the appointment notification. They added that the present incumbent was selected by a selection committee chaired by the Hon'ble Supreme Court Judge comprising Secretary, Deptt of Financial Services, Secretary, Economic Affairs, Secretary (Law) and Governor/Dy Governor, RBI as members, who do so after satisfying themselves with the suitability of the candidate.
5. The Commission finds that the respondents have provided the information available with respect to the date of appointment and notification. As regards the educational qualifications, other qualifications and past experience of the learned presiding officer of DRT, Guwahati, Assam, the Commission holds that this is personal information of the third party and exempt from provisions of section 8(1)(j) of the RTI Act. The Commission, however, directs the CPIO to provide information as to whether the post was filled up as per eligibility conditions that existed at the time of establishment of Guwahati DRT, within fifteen days of the receipt of the order of the Commission. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to :
The Central Public Information Officer The First Appellate Authority Deptt of Financial Services Deptt of Financial Services Jeevan Deep Bldg, 10, Sansad Marg Jeevan Deep Bldg, 10, Sansad Marg New Delhi-110001 New Delhi-110001 Shri Parvez Anam Flat No. 14/6, I-C, Prantik, Phase-I Housing Society, MG Road PO RC Chak, Thakurarani Kolkata-700104