Central Information Commission
Mr. Ashok Chowdhary vs Department Of Personnel And Training on 6 August, 2012
Central Information Commission, New Delhi File No.CIC/SM/A/2011/001286, 1287 & 1288 Right to Information Act2005Under Section (19) Date of hearing : 6 August 2012 Date of decision : 6 August 2012 Name of the Appellant : Shri Ashok Kumar Chowdhary (IRTS), R/o. D 25, Green Park (Main), New Delhi - 110 016.
Name of the Public Authority : CPIO, Public Enterprises Selection Board, Block No. 14, CGO Complex, Public Enterprises Bhawan, New Delhi.
Chief Information Commissioner : Shri Satyananda Mishra Neither party was present for the hearing, in spite of notice. We had fixed this case for hearing earlier on 10 May 2012 and nobody had appeared on that date also.
2. In all his three RTI applications, the Appellant had sought various information relating to his candidature for the post of MD, CRWC. In one of these cases, namely, appeal number CIC/SM/A/2011/001286, the Appellant has sought information of a certain kind for a period of 10 years. Although the CPIO had said that it would not be possible to collect the information over a period of 10 years in view of the paucity of staff in the PESB, the Appellate Authority had clearly stated that no such information was maintained by them. We tend to agree with the Appellate Authority for the information sought is quite convoluted and not clear and it is absolutely likely that no such information CIC/SM/A/2011/001286, 1287 & 1288 would be held. Thus, it is clear that the information as sought by the Appellant is not held in any records in the possession of the PESB.
3. As far as the remaining two cases are concerned, the desired information had been denied, by and large, on the ground that the selection process was not complete. Now that much time has elapsed, the selection process must have been concluded and, therefore, the desired information could now be disclosed without any adverse effect on the selection process. Therefore, we direct the CPIO concerned to provide the desired information in these two cases, namely, CIC/SM/A/2011//001287 and 1288, to the Appellant within 10 working days of receiving this order.
4. In passing, we would like to observe that the CIC had not expected the PESB to be so negligent as not to take heed of its notices and not to appear on two successive occasions for the hearing of the cases. The Secretary of the PESB may look into the circumstances in which the notices of the CIC were ignored by the officials concerned and take appropriate action against them under intimation to the CIC.
5. All the three appeals are disposed off accordingly.
6. Copies of this order be given free of cost to the parties.
(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.
CIC/SM/A/2011/001286, 1287 & 1288 (Vijay Bhalla) Deputy Registrar Copy to: Secretary, Public Enterprises Selection Board, Block No. 14, CGO Complex, Public Enterprises Bhawan, New Delhi CIC/SM/A/2011/001286, 1287 & 1288