Central Information Commission
Sahil Chaudhary vs Central Pension Accounting Office on 10 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CPAOF/A/2023/643100
SAHIL CHAUDHARY .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
ASST. ACCOUNTS OFFICER,
CENTRAL PENSION ACCOUNTING
OFFICE, TRIKOOT-II, BHIKAJI
CAMA PLACE, NEW DELHI - 110066 .... ितवादीगण /Respondent
Date of Hearing : 06.01.2025
Date of Decision : 09.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 02.07.2023
CPIO replied on : 21.07.2023
First appeal filed on : 03.08.2023
First Appellate Authority's order : 18.08.2023
2nd Appeal/Complaint dated : 05.09.2023
Page 1 of 5
Information sought:
The Appellant filed an RTI application dated 02.07.2023 (online) seeking the following information:
"1. Kindly furnish the names of persons and their date of joining who are working permanent as Data Entry Operator in Pension Department since 2015 onwards till date.
2. Kindly furnish the names of persons and their date of joining who are working on temporary basis as Data Entry Operator in Pension Department since 2015 onwards till date.
3. What is the selection procedure for appointment of Data Entry Operators? Temporary as well as permanent Job."
The PIO furnished a point-wise reply to the Appellant on 21.07.2023 stating as under:
"1. The information sought by the Appellant regarding the names of the persons and their date of joining who are working permanent as data entry operator in pension department since 2015 onwards till date fall under the expression personal information, the disclosure of which has no relationship to any public activity or public interest, therefore, the information is exempted from disclosures under the provisions of section 8(1)(j) of RTI Act
2. As already answered at Sr. No. 1 above may be seen in this regard.
3. As per procedure of Departmental Accounting Organization, vacancies in the grade of Data Entry Operators are sent to O/o CGA, new Delhi for taking up the matter with Staff Selection Commission. Thereafter, O/o CGA allocates the dossier of candidate to this office for appointment on temporary or permanent basis."
Being dissatisfied, the appellant filed a First Appeal dated 03.08.2023. The FAA vide its order dated 18.08.2023, held as under:
"The information sought by the Appellant regarding "the names of persons and their date of joining who are working permanent as Data Entry Operator in Pension Department since 2015 onwards till date" is fall under the expression 'personal information', the disclosure of which has no relationship to any public activity or public interest, therefore, the Page 2 of 5 information is exempted from disclosures under the provisions of under Section 8 (1) (j) of RTI Act.
As already answered at Sr. No. (1) above may be seen in this regard.
As per the procedure of Department Accounting Organisation, vacancies in the grade of Data Entry Operators are sent to O/o CGA, New Delhi for taking up the matter with Staff Selection Commission (SSC). Thereafter, O/o CGA allocates the dossier of candidate to this office for appointment on temporary or permanent capacity."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
A written submission dated 03.01.2025 (copy marked to the appellant) has been filed by Ms. Anjna Pathak, Sr. AO/FAA, which is taken on record. Contents of the same are reproduced below:
"....In this regard it is stated that:
(i) The information sought by the Appellant regarding "the names of persons and their date of joining who are working permanent as Date Entry Operator in Pension Department since 2015 onwards till date" falls under the provision 'Personal information' the disclosure of which has no relationship to any public activity of public interest, therefore, the information is exempted from disclosures under the provision of under Section 8(1) (j) of RTI Act.
(ii) This office does not appoint/recruit any Data Entry Operator (DEO) directly on temporary basis in this office. Data Entry Operators (DEOs) are appointed in this office on outsourced basis through authorized contractor/vendor registered on GeM portal/CPPP portal after obtaining approval from IFU (Finance-Expenditure). Further, these outsourced DEOs are not under the strength of this office and their records are maintained by authorized contractor/vendor. These DEOs are also subject to change as and when required or when the vendor gets changed.
(iii) СРАO, D/o Expenditure is a subordinate office under control of O/o the Controller General of Accounts, New Delhi and any activity and policy decisions are taken by O/o CGA. As per the selection procedure of Departmental Accounting Organisation, vacancies in the grade of Data Entry Operators in CPAO are sent to O/o CGA, New Delhi for taking up the Page 3 of 5 matter with Staff Selection Commission (SSC). Thereafter, O/o the CGA allocates the dossier of suitable candidate (who successfully passed relevant exams conducted by SSC) to this office for appointment as DEO on temporary or permanent capacity. Further, DEOs are appointed in this office on outsourced basis through authorized contractor/vendor registered on GeM portal/CPPP portal after obtaining approval from IFU (Finance-
Expenditure)."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Shri Satish Kumar Garg, Sr. AO/FAA accompanied by Shri Kumal Rana, AAO/CPIO present in person.
Respondent, Shri Satish Kumar Garg, Sr. AO/FAA by inviting attention of the Commission towards the contents of their written submission averred that point-wise reply with the permissible information, as per the RTI Act, has already been provided to the appellant earlier. Further, upon receipt of hearing notice from the Commission a revised point-wise reply has been drafted and uploaded on the link given in the CIC's notice.
On being asked by the Commission, the Respondent committed to provide a list of regular Data Entry Operators working in the Pension Department of Respondent Public Authority since 2015 till date of this RTI application, against point No. 1 to the appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records although finds no infirmity in the replies given by the respondent earlier and now vide written submission dated 03.01.2025, as the same were found to be in consonance with the provisions of the RTI Act.
Nonetheless, in the light of the decision of Hon'ble Apex Court in the case titled Kishan Chand Jain v. UOI & Ors. Writ Petition (Civil) No. 990 of 2021, Respondent is directed to provide a list of regular Data Entry Operators Page 4 of 5 working in the Pension Department of Respondent Public Authority since 2015 till date of this RTI application, against point No. 1, free of cost, to the appellant. This direction should be complied with within four weeks of the date of receipt of this order.
FAA to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
THE FIRST APPELLATE AUTHORITY, PAY AND ACCOUNTS OFFICER, CENTRAL PENSION ACCOUNTING OFFICE, TRIKOOT-II, BHIKAJI CAMA PLACE, NEW DELHI - 110066 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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