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Shabahat Hussain vs Nuclear Power Corporation Of India on 22 December, 2021

                                 के   ीय सूचना आयोग
                        Central Information Commission
                             बाबा गंगनाथ माग , मुिनरका
                        Baba Gangnath Marg, Munirka
                         नई  द ली,
                             द ली New Delhi - 110067

ि तीय अपील सं या / Second Appeal No
                                 No.       CIC/NPCOI/A/2019/652785
                                                            652785

Shri Shabahat Hussain                                      अपीलकता /Appellant
                                                                   /Appellant
                                 VERSUS/बनाम

CPIO, Nuclear Power Corporation of India Ltd.            ... ितवादीगण /Respondent
Through: Shri Sanmati Mudholkar
                      Mudholkar-CPIO and Shri
Deepak Pujare-Manager,
               Manager, HR

Date of Hearing                        :   22.12.2021
Date of Decision                       :   22.12.2021
Chief Information Commissioner         :   Shri Y. K. Sinha

Relevant facts emerging from complaint:

RTI application filed on          :         18.07.2019
PIO replied on                    :         06.08.2019
First Appeal filed on             :         07.08.2019
First Appellate Order dated       :         -
 nd
2 Appeal dated                    :         03.10.2019
Information sought

and background of the case:

The Appellant filed an online RTI application dated 08.05.2019 seeking information regarding the skill test for post of Stenographer Garade 1 against advertisement no. Kakrapar Gujarat Site/HRM/01/2018 and the CPIO/Manager(HRM), nager(HRM), vide letter dated 06.08.2019 .2019 replied as under:-

under:

Dissatisfied with the reply from the CPIO, the Appellant filed a First Appeal dated 07.08.2019 which was not adjudicated by the First Appellate Authority.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission has been received from the CPIO vide letter dated 15.12.2021, relevant extract whereof is as follows:

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, 19, hearing was scheduled through video conference after giving prior notice to both the parties. Respondent alone attended the hearing through video conference, while the Appellant remained absent and has not communicated the cause of his absence to the Commission. Responding to a query raised by the Commission, the Respondent stated that the recruitment process has been finalised now and hence, information sought by the Appellant can be provided.

Decision:

Upon examining the facts of the case, the Commission notes that the PIO did not specify any provision of the RTI Act in his response dated 06.08.2019 for denial of the information sought by the Appellant. Thus the reply was not strictly in consonance with the RTI Act. However, the Appellant has neither attended the hearing nor contested the case at hand.

Under the circumstances at hand, the Respondent - CPIO, NPCL is hereby directed to send a revised reply furnishing complete information, permissible under the provisions of the RTI Act, to the Appellant, within four weeks of receipt of this order. Respondent shall submit a compliance report before the Commission in this regard with necessary proof of service by 31.01.2022, failing which appropriate penal action shall be initiated as per law.

The appeal is disposed off on the above terms.

वाई. के . िस हा) वाई.

Y. K. Sinha (वाई िस हा Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक)/011-26186535 Page 3 of 3