Central Information Commission
Laxman Sariyala vs Central Board For Workers Education on 22 January, 2025
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/CBFWE/A/2023/606712
Shri LAXMAN SARIYALA ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Central Board for Workers Education
Date of Hearing : 10.01.2025
Date of Decision : 20.01.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 20.09.2022
PIO replied on : 01.11.2022
First Appeal filed on : 09.11.2022
First Appellate Order on : - -
2ndAppeal/complaint received on : 13.02.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 20.09.2022 seeking information on following points:-
"1. Complete designation of post-wise recruitment rules for Group "A" "B" "C"
and "D" of 1987 central board for workers education CBWE (Staff & Conditions of Service regulation 1962) as per published posts in administrative manual of the central Board for workers Education 1993 page no. 34, 35 The First Schedule & 36 and 37 (Schedule -1).
2. Complete report of amendment of recruitment rules if any amended after 1987 on the recommendation of pay commission or committee etc."
The CPIO vide letter dated 01.11.2022 furnished as under .
This is in reference to your application No. Nil dated 20/09/2022 under Rf Ac 2005 regarding complete designation of post-wise recruitment rules of Group "A " C and D" of 1987 Central Board for Workers Education ( Staff and Conditions Service regulation 1962) etc. In this connection, the requisite information is as enclosed Annexure-I (Page No. 1 to 17) With regarding point no. 1: The copy of post-wise recruitment rules of Group "A", "B" "C" and "D" of 1987 Central Board for Workers Education CBWE (Staff & Conditions of Service regulation 1962) (Total page no. 1 to 16) Page 1 With regarding point no. 2 After 1987 Recruitments Rules was amended on 2004. A copy of the Amended Recruitments Rules, 2004 is available in the website of CBWE. However, the amendment of Recruitment Rules on implementation 6th & 7th CPC is under process.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.11.2022. which was not adjudicated by the FAA as per the records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing. Respondent: Not present The Appellant stated that the relevant information from their official record has not been furnished to him till date. He requested to direct the PIO to furnish information as sought.
Decision:
At the outset, the Commission takes grave exception to the absence of PIO during hearing without intimating any reasons thereof. Accordingly, present PIO is hereby directed to file a written explanation justifying the said conduct.
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the concerned PIO. The reply is self- explanatory and information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant.
However, it may not be out of place to mention that information related to recruitment rules should be placed in public domain in compliance of the provisions of Section 4 of the RTI Act in order to promote transparency and accountability in functioning of the public authority. There is no denying that the Respondent is duty bound by virtue of the provisions of Section 4 of the RTI Act to publish the information indicated in Section 4(1)(b) and 4(1)(c) on its website so that the public have minimum resort to the use of the RTI Act to obtain the information. Accordingly the Respondent public authority is advised to place the maximum information related to circulars/policy decisions/orders/ Recruitment Rules issued by their department on their official website as per the provisions of Section 4 of the RTI in the larger public interest. No further action lies.
Appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 2 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
1. It is recommended to publish following information or following categories of information in compliance with section 4(2) of the RTI Act, 2005- Information ralated to recruitment rules should be placed in public domain Powered by TCPDF (www.tcpdf.org)