Central Information Commission
P K Rathore vs National Commission For Scheduled ... on 16 February, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/NCFSC/A/2019/119659
P K Rathore अपीलकता /Appellant
....अपीलकता
VERSUS
बनाम
CPIO ,
National Commission For
Scheduled Cast, RTI Cell,
5th Floor, Loknayak Bhawan
Khan Market, New Delhi-110003 .... ितवादीगण /Respondent
Date of Hearing : 16/02/2021
Date of Decision : 16/02/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 11/03/2019
CPIO replied on : 18/03/2019
First appeal filed on : 12/04/2019
First Appellate Authority order : 24/04/2019
2nd Appeal/Complaint dated : 29/04/2019
1
Information soughtand background of the case:
The Appellant filed RTI application dated 11.03.2019 seeking information on following five points;
"1. Action Taken in his pending P/Delhi-5/2017/SSW-I, including report of departmental liaison officer. Provide legible certified File noting's, records .
2. As per rules required Action against guilty officers to be taken by NCSC in time frame in his pending P/Delhi-5/2017/SSW-I. Provide legible certified File noting's, records.
3. Give action taken legible certified File noting's, records including electronics.
4. Is it true that Officer of Addl. Secretary, GOI must investigate complaint of caste Harassment of his SAG rank ,GOI officer within 6 Month delay is culpable.
5. Is it true that Health department, GNCTD, is forcing him to work under junior high caste officer, again, amounts to humiliation, insult under SC&ST, POA 1989."
The CPIO furnished point wise reply to the Appellant on 18.03.2019 stating as follows:-
"Point No.-1:- Copies of Action taken in file no P-1/Delhi-5/2017/SSW-I and report of concerned departmental Liaison Officer including noting sheet enclosed total No of Pages are 10.
Point No-2:- No action taken against any 'Officer by NCSC. Point No.-3:- Your representation dated- 31.01.2019 is also forwarded to the concerned Department on 15.03.2019 (copy enclosed). Point No. 4 & 5:- The CPIO not supposed to give answer of question or opinion as per definition of RTI Act, 2005.
Appellant can inspect the file in any working day during working hrs. between 3.00 P.M. to 5.00 P.M."
Being dissatisfied, the appellant filed a First Appeal dated 12.04.2019. FAA's order dated 24.04.2019 upheld the reply of CPIO and also offered for inspection.
2Grounds for the Second Appeal:
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Biswajeet Saha, US & CPIO present through audio-conference.
The CPIO submitted that all the available information has been provided to the Appellant.
Decision The Commission observes from a perusal of the facts on record that the CPIO has provided an appropriate reply to the Appellant incorporating the point-wise information. Now, the Appellant in the grounds of the Second Appeal has argued against the denial of the information, however, the material on record does not suggest any denial of information and the Appellant has also not availed of the opportunity to plead his case or contest the CPIO's submissions.
In view of the foregoing, the Commission finds no scope for action in the matter and upholds the submissions of the CPIO.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) 3 Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / Date 4