Central Information Commission
Ashish Kumar vs Serious Fraud Investigation Office on 7 March, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/SFIVO/A/2024/645867.
Shri. Ashish Kumar. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Serious Fraud Investigation Office.
Date of Hearing : 05.03.2025
Date of Decision : 05.03.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 12.08.2024
PIO replied on : 10.09.2024
First Appeal filed on : 19.09.2024
First Appellate Order on : 15.10.2024
2ndAppeal/complaint received on : 17.10.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 12.08.2024 seeking information on following points:-
"1. Address of cities where offices of SFIO are situated at.
2. Total number of seats sanctioned, filled and vacant at SFIO and its Recruitment Rules.
3. Number of seats sanctioned, filled and vacant as on 01.08.2024 for the Post of Stenographer Grade 1 (Pay level 6 of 7th CPC) with its register of reservation roster as certified copy.
4. In case grouping of posts has been done for making of reservation roster for the post of Stenographer Grade-1 (Pay Leve-6 of 7th CPC), please provide a certified copy of that. Method of Reservation Roster followed for the post of Stenographer Grade-1 (Pay level-6).
5. Please provide a certified copy of vacancies report (category wise) to Staff Selection Commission (SSC) for filling up of the post of Stenographer Grade-1 (Pay Level-6 of 7th CPC) through the SSC Stenographer Examination Grade C & D 2024. 1
6. In case no vacancies has been report to the SSC in relation to the information seeked at Point 5 of the above, please provide a copy of the notesheet wherein the decision for not reporting the vacancies currently to be filled up under the said examination.
7. Has there been any representation received for upgradation of pay level of Stenographer Grade 1 (Pay level-6 of 7th CPC). If yes, please provide a status report on the same."
Page 1 The CPIO, DD (Admin) vide letter dated 10.09.2024 replied as under:-
"As regards the information sought, the pointwise replies are as under:
Point No.01: The address of the SFIO Hqrs. / Regional Offices is enclosed herewith as Annexure-l.
Point No.02: As on date, there are 238 sanctioned post in Serious Fraud Investigation Office, out of which 107 posts are filled and 131 posts are vacant. The relevant recruitment rules may please be seen on the SFIO website under recruitment section.
Point No. 03 & 04: There are 16 sanctioned posts of Stenographer Grade-I (UR-08, OBC-04, EWS-01, SC-02, ST-01), Pay level-6 of 7th CPC. Out of these 16 posts 11 posts are filled in and 05 posts are vacant (UR- 03, SC-01, OBC-01).
Point No.05 & 06: A proposal to fill 04 posts of Stenographer Grade-I (UR-03, SC-01) has been submitted to Ministry of Corporate Affairs for onward transmission to Staff selection Commission (SSC) for inclusion of these posts in the "Stenographer Examination Grade C & D 2024". The 5th vacant post meant for OBC cannot be filled as one stenographer relieved on 31.01.2024 has kept his lien in SFIO. Point No. 07: Yes, the representations from some of the stenographers were received for upgradation of pay level of Stenographer Grade-I (Pay level-6 of 7th CPC). These representations were forwarded to the Ministry of Corporate Affairs, but the proposal for upgradation was not found feasible."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.09.2024. The FAA vide order dated 15.10.2024 stated as under :-
"3.2 Concerning the grounds of appeal, asserting that the CPIO has failed to provide a certified copy of the reservation roster for the Stenographer positions maintained at SFIO, this authority reviewed the nature of the requested document. It is learnt that the document contains crucial personal information about employees currently holding Stenographer positions in the SFIO, viz. name, date of appointment and category from which they belong.
3.3 It is undisputed that these details fall well within the clamp of personal information under section 8(1)(j) of the RTI Act read with section 44(3) of the Digital Personal Data Protection Act, 2023. As such, unless a larger public interest or connection with any public activity is pleaded, raised and satisfied, the disclosure of these shall entail unwarranted invasion of privacy of the persons concerned. [CPIO, Supreme Court of India v. Subhash Chandra Aggarwal, CA No. 10044/2010; 13.11.2019] 3.4 Therefore, this authority concludes that the RTI request has been properly addressed by the CPIO, and there is no further reason to intervene in this matter. The instant appeal is thus disposed of."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 21.02.2025 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
IV. Now, on being dissatisfied with the order of the First Appellate Authority on his first appeal, the appellant has filed his appeal with the Central Information Commission.
Page 2
3. It is apparent that the CPIO vide letter No. 22/30/2024-
RTI.SFIO dated 10.09.2024 had supplied the pointwise information to all relevant points along with category-wise details of reservation roster. Further, it is mentioned here that, in SFIO, the reservation roster for SC, ST, OBC and EWS categories is maintained cadre-wise for each post separately. Whereas the reservation roster for Persons with Benchmark Disabilities is made after grouping all the Group-B posts which are filled by direct recruitment in SFIO, both containing personal information of the employees which has also been emphasized by the First Appellate Authority in his order dated 15.10.2024 (Copy enclosed).
4. In view of the above, it is respectfully requested that the Honourable Central Information Commission (CIC) on the basis of the aforementioned facts, dispose of the appeal on merits.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Dipak Kumar Singh, Dy. Director/CPIO- participated in the hearing.
The Respondent stated that the relevant information has been duly provided to the Appellant. The Appellant stated that the reservation roster for SC, ST, OBC and EWS categories is maintained cadre-wise for each post separately. reservation roster contains crucial personal information which is exempted under section 8(1)(j) of the RTI Act.
Decision:
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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