Central Information Commission
Rishabh Dihingia vs Oil India Limited (Oil) on 27 February, 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/OILTD/A/2022/158522
Shri Rishabh Dihingia ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Oil India Limited
Date of Hearing : 27.02.2024
Date of Decision : 27.02.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 10.02.2022
PIO replied on : 23.08.2022
First Appeal filed on : 20.03.2022
First Appellate Order on : 19.04.2022
2 Appeal/complaint received on
nd : 19.12.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 10.02.2022 seeking information on following points:-
"1. Not satisfied with the result as the result is given in numbers.
2. The results are not given in complete details by showing:-
a) All the questions that I have attempted and the answers that which I have ticked.
b) I want the whole solved question paper with its answers.
3) And it is not impossible that Oil India Ltd. cannot show the detailed results of all the candidates who have appeared in this exam.
4) Because when I appeared ONGC Ltd. CBT exam for the same post in June, 2019.
5) At the time of declaration of the results given by ONGC Ltd. Every candidates were able to see their questions and the answers which they have ticked.
6) And there was and error detection option in that result. If the answer was correct but shown incorrect in the result. Then we can claim for rectification of that particular answer.
7) If Oil India Ltd. takes decision in showing complete details of the results of every candidates. Then it will be best for all the candidates (including me) by letting them knowing their detailed results.Page 1 of 3
8) Then only I will be happy and satisfy with my result regarding this exam of junior assistant conducted by Oil India Ltd. in December, 2021."
The CPIO vide letter dated 23.08.2022 replied as under:-
"The applicant appears to submit a request instead of seeking information. As such, the query does not fall under the definition of "information" as per section 2(f) of the RTT Act, 2005. Therefore, the same cannot be considered."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.03.2022. The FAA vide order dated 19.04.2022 stated as under:-
"In reference to your appeal dated 20.03.2022, regarding non-receipt of reply within 30 days, we hereby inform you that we are in receipt of a large number of applications in respect of the recruitment drive conducted and the logistics of providing a suitable reply to each application is taking a significant amount of time. We assure you that we are working on providing a suitable reply to you at the earliest and request you to allow us time to formulate the same. However, please note that the instant appeal shall not preclude the Applicant from preferring another appeal u/s 19(1) in case not satisfied with the reply provided."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 26.02.2024 has been received from the CPIO, Oil India Limited and same has been taken on record for perusal. Facts emerging in Course of Hearing:
Appellant: Present in person Respondent: Mr. Rohtnib Das, Chief Manager through audio-conferencing The Appellant stated that the relevant information has not been furnished to him till date. He stated that the PIO has wrongly denied his response sheet and model answer key. He stated that category wise cut off marks for the post of junior assistant clerk cum computer operator, has not furnished.
The Respondent reiterated the averment made in their written submission and stated that the exam was conducted by the third-party agency. He further stated that the third-party agency has informed that their system has been moved from a Windows and SQL-based solution to the MongoDB, No SQL, and Linux-based solution. Furthermore, during the migration phase, some of the records have been corrupted and required information is not available as of now.Page 2 of 3
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Commission, after perusal of case records and submissions made during hearing, directs the concerned PIO to revisit the instant RTI Application and provide a fresh revised reply i.e. specifically furnish the response sheet of the Appellant, question booklet and model answer key in reference to the recruitment exam for the post of junior assistant clerk cum computer operator along with necessary annexures if any , as available in their records, with regards to the instant RTI Application, to the Appellant, free of cost via speed post, within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO.
Furthermore, the Commission is of the opinion that need for transparency is more in the case of appointment/recruitment process. The Respondent is advised to put the relevant information of all the stages of recruitment process viz, names of the candidates shortlisted for written test/interview and names of finally selected candidates, category wise cut off marks in public domain in reference to the recruitment exam for the post of junior assistant clerk cum computer operator on their official website in accordance with Section 4 of the RTI Act so that the public have minimum resort to the use of the RTI Act to obtain the information. No further action lies.
Appeal is disposed of accordingly.
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 of 3