Central Information Commission
Mr.Sudhir Chopra vs Union Public Service Commission on 18 July, 2012
Central Information Commission, New Delhi
File No.CIC/SM/A/2011/001924
Right to Information Act2005Under Section (19)
Date of hearing : 18 July 2012
Date of decision : 18 July 2012
Name of the Appellant : Shri Sudhir Chopra,
C/o. Principal Direcotrate,
Defence Estates, Ministry of Defence,
Southern Command, Pune - 01.
Name of the Public Authority : CPIO, Union Public Service Commission,
Dholpur House, Shahjahan Road,
New Delhi - 110 069.
The Appellant was present in person.
On behalf of the Respondent, Shri B.K. Mathur, US was present.
Chief Information Commissioner : Shri Satyananda Mishra The Appellant, by his application dated 02.03.2011, sought information on 7 points relating to the firming up recommendations by the DPC when incomplete ACRs were given by department, copy of the DPC recommendations, copy of the seniority list of the IDES Officers furnished by the DGDE, remedy available to an officer in whose case incomplete ACRs were placed before the DPC for considering promotion, etc.
2. The CPIO, in his letter dated 31.03.2011, gave a detailed reply and also stated that some of the information sought was in the nature of seeking opinion from the CPIO which could not be expected under the Right to Information (RTI) Act.
3. Not being satisfied, the Appellant filed an appeal before the first CIC/SM/A/2011/001924 Appellate Authority on 11.04.2011. The first Appellate Authority, in its order dated 21.04.2011, disposed off the appeal stating that there was no ground to issue any further direction to the CPIO for furnishing any information in this regard except that the Department might be requested to confirm whether the disciplinary case on the basis of which the recommendations of the DPC in respect of the Appellant had been kept in the sealed cover, had since been concluded and the Appellant had been fully exonerated.
4. Aggrieved by the said order, the Appellant filed a second appeal before the CIC on 29.07.2011.
5. Both the parties were present during the hearing and made their submissions.
6. After carefully considering the facts of the case and the submissions made before us, we are of the view that the assessment sheet which had been kept in the sealed cover should now be provided to the Appellant since the disciplinary proceeding pending against him at the time of the RTI application is reportedly closed now. Therefore, we direct the CPIO concerned to provide to the Appellant within 10 working days of receiving this order a photocopy of the assessment sheet relating to the DPC under consideration in view of the fact that the disciplinary proceedings have now been concluded and the disciplinary authority has passed his final orders to close the case with an administrative warning to the officer concerned.
7. There is no more information other than the above to be disclosed. The appeal is disposed off accordingly.
8. Copies of this order be given free of cost to the parties. CIC/SM/A/2011/001924 (Satyananda Mishra) Chief 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.
(Vijay Bhalla) Deputy Registrar CIC/SM/A/2011/001924