Central Information Commission
O P Gaba vs Ministry Of Home Affairs on 9 February, 2017
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066
Decision No. CIC/SB/A/2015/000450
Dated 01.02.2017
Appellant : Shri O.P. Gaba,
C-II/207,Gulmohur Enclave,
Rakesh Marg,
Ghaziabad (U.P)
Respondent : Central Public Information Officer,
Department of Personnel & Training,
Room No. 215-A/II,
North Block,
New Delhi-110 001
Date of Hearing : 13.12.2016/01.02.2017
Relevant dates emerging from the appeal:
RTI application filed on : 29.01.2015
CPIO's reply : 20.03.2015
First Appeal filed on : 03.03.2015
FAA's Order : 09.04.2015
Second Appeal filed on : 20.07.2015
ORDER
1. Shri O.P. Gabafiled an application dated 29.01.2015under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Department of Personnel & Training (DoPT)seeking information pertaining to recruitment rules of scientific posts in Department of Science and CIC/SB/A/2015/000450 Page 1 Technology on three points including (i) degrees in which of the subjects mentioned in the RTI application would be considered equivalent to a post graduate degree in Natural Sciences/Agriculture and (ii) whether a degree of M.Pharma would be considered equivalent to a degree in Medicine.
2. The appellantfiled a second appeal dated 20.07.2015 before the Commission on the grounds thatthe information sought by him was not provided by the CPIO stating that the requested information is clarificatory in nature and that under the RTI Act, the CPIO is required to furnish only the material information available in his custodyand that the First Appellate Authority (FAA) too upheld the decision of the CPIO. The appellant states that DoPT being the nodal agency for framing of recruitment rules in respect of the above posts, should have the information sought by him. The appellant requested the Commission to examine the matter in the light of the facts stated above and award suitable verdict in this matter at an early date.
Interim Decision:
3. The present matter was listed for 09.12.2016, but due to administrative reasons it was rescheduled for hearing on 13.12.2016. However, due to paucity of time, the parties could not be duly informed about the change of date. The matter is, therefore, adjourned to27.01.2017 at 1.15 pm.
4. The matter could not be heard on 27.01.2017 due to administrativereasons. The hearing was adjourned to 01.02.2017 at 01.15 p.m. Hearing on 01.02.2017:
5. Theappellant Shri O.P. Gaba and the respondent Shri Shukdeo Sah, Under Secretary, DoPT were present in person.
CIC/SB/A/2015/000450 Page 2
6. The appellant submitted that theinformation sought by him has been wrongly denied on the grounds that the same is clarificatory in nature. The appellant further submitted that in the FAQs relating to the Flexible Complementing Scheme (FCS), DoPT has listed subjects which are not covered under FCS. As such, they must be having a complete list of subjects which are included/excluded under the FCS. In view of this, the respondent should be directed to provide the information sought by him.
7. The respondent submitted that the information sought by the appellant is clarificatory in nature. The respondent submitted that no information pertaining to the clarifications sought by the appellant is available on records. The respondent further stated that the only information available with him is the OM dated 10.09.2010 regarding the Modified FCS.
Decision:
8. The Commission, after hearing the submissions of the respondent and the appellant and perusing the records, observes that due information has been provided to the appellant. The Commission is also of the view that the information sought by the appellant is clarificatory in nature. Hence, no further intervention of the Commission is required in the matter.
9. With the above observations, the appeal is disposed of.
10. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer CIC/SB/A/2015/000450 Page 3