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Central Information Commission

Suman vs Department Of Space on 13 August, 2019

                              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/DSPCE/A/2018/617347


Suman                                                   ... अपीलकताग/Appellant


                                    VERSUS
                                     बनाम


CPIO, Department of Space                               ...प्रनतवािी /Respondent



Relevant dates emerging from the appeal:

RTI : 13.02.2018            FA     : 08.03.2018            SA      : 19.04.2018

CPIO : 07.03.2018           FAO : 23.03.2018               Hearing : 07.08.2019


                                  ORDER

1. The appellant filed an online application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Department of Space seeking the reason behind not providing sponsorship or study leave (even loss of pay leave) by ISRO MASTER CONTROL FACILITY to pursue M.Tech, Phd and Integrated Phd for the last so many years.

2. The appellant filed a second appeal before the Commission on the ground that the information sought for was not provided by the CPIO/ FAA. The appellant requested the Commission to direct the respondent to provide the information sought by him.

Hearing:

3. The appellant Shri Suman and Shri Balasubramanian, Head (Personnel) and GM, Master Control Facility, ISRO were heard through video conferencing.

4. The appellant submitted that the information sought vide his RTI application has not yet been provided to him. He, therefore, requested the Commission to direct the respondent to provide the information sought for.

5. The respondent submitted that the queries raised by the appellant are in the nature of seeking reasons/ clarification/ opinion which did not fall within the purview of the definition of "information" u/s 2 (f) of the RTI Act, 2005. However, during the hearing, the respondent submitted that since the appellant had gained significant knowledge and experience of more than 03 years in the field of "Satellite Control" hence taking into consideration the complexities and sensitivities in operations of a highly technical department, the study leave was not sanctioned to the appellant. The respondent however assured to disclose the relevant notesheet in this respect to the appellant.

Decision:

6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that an appropriate reply has been furnished to the appellant in response to his RTI application, in accordance with the provisions of the RTI Act. The Commission, however, directs the CPIO to Page 2 of 3 provide the notesheets regarding withholding/ not considering the application of the appellant to avail study leave to prepare for higher studies (if so held and available with the Public Authority), to the appellant within four weeks from the date of receipt of a copy of this order under intimation to the Commission.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 08.08.2019 Authenticated true copy (अनभप्रमानित सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:

1. The First Appellate Authority, Department of Space Antariksh Bhavan, New Bel Road, Bangalore- 560231

2. The Central Public Information Officer, Department of Space Antariksh Bhavan, New Bel Road, Bangalore- 560231

3. Shri Suman, Page 3 of 3