Central Information Commission
Bipranarayan Mallick vs Central Board Of Secondary Education on 20 January, 2023
CIC/CBSED/A/2021/152001
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा/ Second Appeal No. CIC/CBSED/A/2021/152001
In the matter of:
Bipranarayan Mallick ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Central Board of Secondary
Education, Shiksha Kendra,
2, Community Centre, Preet Vihar,
Delhi - 110092
Relevant dates emerging from the appeal:
RTI Application filed on : 01.10.2021
CPIO replied on : 12.10.2021
First Appeal filed on : 12.10.2021
First Appellate Authority order : 11.11.2021
Second Appeal received on : 02.12.2021
Date of Hearing : 19.01.2023
The following were present:
Appellant: Absent (despite being served the hearing notice)
Respondent: Shri Manoj Kumar Shah, Assistant Secretary, participated in
the hearing in person.
Page 1 of 6
CIC/CBSED/A/2021/152001
ORDER
Information sought:
The Appellant filed an online RTI Application dated 01.10.2021 seeking information on the following two points:
1) "Photo copies of evaluated answer scripts of Science, Mathematics- Standard, SST and Hindi Course- B of Rudraditya Mallick, Roll no- : 12124749, School code- l5490, DOB-
21/12/2006 of recently concluded CBSE Improvement/ Compartment Examination - 2021.
2) Name, educational qualification, experience and the School name of the corresponding evaluators/examiners of above mentioned subjects."
The CPIO vide online reply dated 12.10.2021, informed to the Appellant as under:
Being dissatisfied, the Appellant filed a First Appeal dated 12.10.2021. The First Appellate Authority vide online reply dated 11.11.2021, informed as under:Page 2 of 6
CIC/CBSED/A/2021/152001 Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice and the same has been confirmed by and Shri Sanjay Kumar Dass, VC Coordinator, from NIC Bhubaneshwar.
The Respondent submitted that the reply provided by the then CPIO vide letter dated 12.10.2021 is not appropriate and after receiving the hearing notice from the Commission, adequate information as per the provisions of RTI Act has been give furnished to the Appellant on 12.01.2023.
A written submission has been received by the Commission from Shrin R.C. Gupta, Assistant Secretary & CPIO, vide letter dated 12.01.2023 and the same has been sent to the Appellant, wherein the commission has been apprised as under:Page 3 of 6
CIC/CBSED/A/2021/152001 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent has provided adequate information to the Appellant vide letter dated 12.01.2023 but the same has been given after receiving the hearing notice from the Commission and the previous replies dated 12.10.2021, provided by the then CPIO qua the instant RTI Application is inappropriate, and Page 4 of 6 CIC/CBSED/A/2021/152001 inadequate and accordingly the Commission admonishes the Respondent public authority for providing such mindless and incongruous replies. The Commission cautions the Respondent to be careful in future while dealing with matters pertaining to the RTI Act. Hence, the Commission directs the present CPIO to provide revised reply to the Appellant, in the light of the submission made during the hearing, with a copy marked to the Commission within 15 days from the date of receipt of this order.
A copy of this order shall be served upon the then CPIO by the present CPIO.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 19.01.2023 Authenticated true copy (अिभ मािणत स ािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पं जीयक) 011-26105027 Page 5 of 6 CIC/CBSED/A/2021/152001 Addresses of the parties:
1. The First Appellate Authority (FAA) Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi - 110092
2. The Central Public Information Officer Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi - 110092
3. Mr. Bipranarayan Mallick Page 6 of 6