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[Cites 2, Cited by 0]

Central Information Commission

Mr. Ravinder Singh vs Department Of Atomic Energy on 13 April, 2012

                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                            Decision No. CIC/SG/A/2012/000585/18379
                                                                    Appeal No. CIC/SG/A/2012/000585

Relevant Facts emerging from the Appeal

Appellant                            :      Mr. Ravinder Singh,
                                            RZ-33/A, Gali No.7,
                                            Durga Park, New Delhi -1100451.

Respondent                           :      Ms. Swati Pandey

Public Information Officer & Director (Admin.) Department of Atomic Energy, Anushakti Bhavan, C.S.M. Marg, Mumbai -400001.

RTI application filed on             :      28/09/2011
PIO replied                          :      31/10/2011
First appeal filed on                :      31/10/2011, 11/11/2011
First Appellate Authority order      :      20/12/2011
Second Appeal received on            :      17/02/2012

Sl.                        Information Sought                                      Reply of the PIO
1. Some candidates have submitted their recruitment forms through        The letter dated 10.10.2007 was
    their relatives and friends. Your office vide its letter dated       issued to the candidates sponsored
    10.10.2007 asked them to submit all the documents along with         by Employment Exchange, New
    the copies of their D/L. kindly provide the copy of that letter.     Delhi.
2. Copy of the form submitted by Shri Karanvir.                          Application form dated 15/10/2007
                                                                         received from Shri Karanvir is
                                                                         enclosed.

3. Those three candidates who have been called for, have submitted No such letter available on records.

their application forms through their relatives and friends. It was also informed by them in their letter by which media they are applying for the post of driver. Kindly provide copy of their letter.

4. Kindly provide me the copy of the valid driving license of the Present driving license of the drivers of DAE, Delhi Branch Secretariat which may be the valid existing drivers are not available in copy of D/L. the records of the Department.

5. It is requested to provide me the copy of the notice displayed by Only one notice bearing your office regarding open recruitment, as earlier you have No.3/4/2005 Adm is available in the provided me the copy of notice which was displayed only for records. Government employees.

Grounds for the First Appeal:

Incomplete and unsatisfactory information provided by the PIO.
1. Copy of the letter dated 10/10/2007 from DAE to Shri Jogindra Prasad was not furnished by the PIO.
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2. Copy of the letter of Shri Jogindra Prasad stating that he is applying for the post of the driver against the notice displayed on the Notice Board was not provided by the PIO.
3. Copies of Driving License of the two drivers appointed in DAE Branch Secretariat, New Delhi was not furnished by the PIO.

Order of the First Appellate Authority (FAA):

Appeal dated 31/10/2011 regarding the disposal of application dated 28/09/2011 crossed the communication issued on the same date by the PIO. As such, no action was called for in this matter. As regards the appeal dated 11/11/2011, the appellate authority observed:
1. As no letter dated 10/10/2007 was issued to Shri Jogindra Prasad, question of furnishing copy of the same does not arise.
2. As intimated by the PIO, no such letter by Shri Jogindra Prasad was available on record while he applied for the post of driver.
3. The OSD, DAE Branch Secretariat, New Delhi is directed to obtain the Driving License of the two drivers of the DAE Branch Secretariat and furnish a copy of the same to appellant within 10 days.

Regarding the representation of the appellant dated 17/10/2011 addressed to the Secretary, it was advised vide order dated 20/09/2011 while disposing his appeal dated 06/07/2011 that he can make a representation separately for redressal of his grievance. Hence this cannot be construed as an appeal under the provisions of the RTI Act, 2005.

Grounds for the Second Appeal:

Incomplete and unsatisfactory information provided by the PIO Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ravinder Singh;
Respondent: Ms. Swati Pandey, Public Information Officer & Director (Admin.) on video conference from NIC-Mumbai Studio;
The PIO states that as regards query-1 no letter of 10/10/2007 was issued to four candidates.
Decision:
The Appeal is disposed.
The Appellant wanted a clarification for the answer to query-1 which has been provided by the PIO during the hearing.
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 13 April 2012 (In any correspondence on this decision, mention the complete decision number.)(SS) Page 2 of 2