Central Information Commission
Shri Ajay Tyagi vs Ordnance Factories Institute Of ... on 7 October, 2009
782 AjayTyagiVsOrdnanceFactoriesInsttofLearning 07 10 10 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/SM/A/2009/000782
Appellant: Shri Ajay Tyagi
Public Authority: Ordnance Factories Institute of Learning,
Dehradun
(through Shri Ashok Gupta, Director(PIO)
Date of Hearing: 07/10/2009
Date of Decision: 07/10/2009
FACTS:-
The matter, in short, is that the appellant is working as LDC in the above mentioned Institute. He appeared in the Limited Departmental Competitive Examination, 2008, for promotion to the rank of Chargeman in Metallurgy discipline but did not make the grade. It is in this connection that vide his RTI application dated 26/12/2008, he had sought photocopies of the evaluated answer sheets in respect of himself as also in respect of one Rishi Raj Tyagi.
2. The PIO had refused to disclose information u/s 8(1)(e)&(j) of the RTI Act, vide letter dated 05/01/2009. The Appellate Authority vide order dated 03/02/2009 had affirmed the decision of the CPIO relying upon CIC decision dated 06/02/2006.
3. Hence, the present Appeal.
4. Heard on 07/10/2009. Appellant present. The public authority is represented by the officer named above. The parties were heard.
DECISION
5. It is noteworthy that in decision dated 06/02/2006 in Appeal No.IC/PB/A/A- 2/CIC/2006 (Ms. Treesha Irish Vs. Kerala Postal Circle, Thiruvanthapuram), a Division Bench of this Commission had held that the larger public interest does not justify disclosure of the information sought by the appellant. We also wish to bring on record that the Hon'ble Kolkata High court ordered providing copies of the evaluated answer sheets to the candidates appearing in public exams but the Hon'ble Supreme Court of India has stayed the said order. We, therefore, feel that it will not be proper for the Commission to pronounce on this issue at this stage when the apex court of the country is seized off this vitally important matter.
782 AjayTyagiVsOrdnanceFactoriesInsttofLearning 07 10 10 2
6. Hence, the matter is adjourned. It shall be taken up for consideration after the pronouncement of the Hon'ble Supreme Court of India on this issue.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Tele: 011 2671 73 53 Fax: 011 2610 62 76 Copy to:-
(1) Shri Ajay Tyagi
Ordnance Factory,
Muradnagar,
Ghaziabad-201206.
(2) The Principal Director
& Appellate Authority
Ordnance Factories Institute of Learning Raipur, Dehradun-248008.
(3) Shri Ashok Gupta, CPIO, Ordnance Factories Institute of Learning Raipur, Dehradun-248008.