Central Information Commission
Mr.Sanjay Kumar Patra vs Department Of Expenditure on 31 May, 2011
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000537
Name of Appellant : Shri Sanjay Kumar Patra
Name of Respondent : Ministry of Finance, Deptt. of Expenditure
Date of Hearing : 24.05.2011
ORDER
Shri Sanjay Kumar Patra, the appellant has filed this appeal dated 22.2.2011 before the Commission against the Ministry of Finance, Department of Expenditure, New Delhi for not providing information to his RTI-request dated 28.9.2010, which came up for hearing on 24.05.2011. The appellant was present in person, whereas the respondents were represented by Smt. Renu Jain, Director and Shri Jagdish Chander, Deputy Secretary.
2. The appellant filed RTI-request dated 28.9.2010 seeking clarifications on six RTI- queries relating to fixation of pay of Assistants who were promoted from UDC after implementation of the recommendations 6th CPC. The CPIO vide letter No. 14(114)/2010- RTI dated 18.10.2010 has replied to the appellant on Point No. (a) to (c) stating that a public authority can only provide information which is available in any material form as contained u/s 2(f) of the RTI Act. Hence, the RTI Act does not require the public authority to deduce some conclusion from the material held and supply the conclusion so deduced to the appellants. On Point (d) - stepping up of pay is permissible as per Note 7 below Rule 7 of CCS (Revised Pay) Rules, 2008 and on Point No (e) & ( f) - the concerned Department may be approached.
3 Aggrieved by the reply of the CPIO, the appellant preferred first-appeal on 15.9.2010 before the FAA. The FAA vide order No. AA/233/10 dated 1.12.2010 has upheld the decision of CPIO on Points No. (a) to (d) and transferred Point No. (e) & (f) to DoPT on 30.11.2010.
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4. After hearing the parties and perusal of relevant documents on file, the Commission observes that requisite information permissible under the RTI Act has been provided to the appellant within stipulated period.
The appeal is accordingly disposed of at Commission's end.
(Sushma Singh) Information Commissioner 31.05.2011 Authenticated true copy:
(K.K. Sharma) OSD & Assistant Registrar Address of the parties:
Shri Sanjay Kumar Patra, F-38, Patel Dham Colony, Manas marg, Chanakyapuri, New Delhi-110021.
The CPIO, Ministry of Finance, Department of Expenditure, North Block, New Delhi-110001.
Appellate Authority, Ministry of Finance, Department of Expenditure, North Block, New Delhi-110001.