Central Information Commission
Mrrakesh Kumar vs Ministry Of Defence on 2 August, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi110067
Tel: +911126106140/26179548
(Final Order)
File No. CIC/CC/A/2014/000542/DP
Date of Interim Order:
10/05/2016
Date of Final
Order:02/08/2016
Relevant facts emerging from the Appeal:
Appellant : Rakesh Kumar Soni ,
(Safaikaramchari)
Cantonment Board,
Jalandhar Cantt.
Respondent : CPIO,
Cantt. Board
Jalandhar Cantt.
RTI application : 09/05/2014
filed on
PIO replied on : 09/07/2014
First appeal : 08/08/2014
filed on
First Appellate : No order
Authority order
Second Appeal : 16/09/2014
dated
Information sought:
The Appellant has sought following information with regard to the reservation of Physically Handicapped persons for Promotion in services:
(i) How many disabled persons have got promotion in their services from 2005 to 2013 in Cantt.
Board, Jalandhar Cantt.?
1(ii) How many employees are hearing impaired among them? The full details of all hearing impaired employees have been sought?
(iii) Is there any provision that hearing impaired employee cannot get the 3% quota of promotion of 3% as is the case of the physically handicapped as per Supreme Court order.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present: Appellant: Present in person through VC. His representative did not turn up and the Appellant being deaf and dumb was not in a position to speak.
Respondent: Not present.
Interim order:
Fresh date of hearing to be fixed and Appellant/Respondent are to be informed. Commission takes very serious view of the absence of the CPIO during hearing. Commission issues Show Cause notice to the CPIO for his absence during the scheduled hearing.
Final Hearing:
The Appellant and Surinder Kumar Dhawan, Office Supdt. & CPIO, Cantt. Board Jalandhar were present through VC. Commission directed Rohit, Networking Engineer, NIC, Jalandhar to interpret the submission of the Appellant who was deaf and dumb.2
Appellant stated that he should be given promotion under prevailing rules under Physically Handicapped quota with his disability being 60%.
CPIO submitted that Commission has already passed an order on similar contents of RTI application vide No.CIC/CC/A/2014/000254/SD, dated 31.5.2016. He reiterated that information asked by the Appellant has been provided to him. Only one person Prem Pal(Deaf) who is senior to the Appellant has been promoted after 2007 from the PH quota. There is no provision of treating Deaf & Dumb senior to Deaf in PH category.
Final Order In response to direction given in the interim order, CPIO submitted reply to the show cause notice which was received in the Commission on 31.5.2016. Commission is satisfied with the explanation of the CPIO.
Commission observes that order on similar contents of RTI application has been passed vide No.CIC/CC/A/2014/000254/SD, dated 31.5.2016. Submission of CPIO is upheld. No further action lies.
(Divya Prakash Sinha) Information Commissioner Authenticated true copy (Raghubir Singh) Dy. Registrar/Designated Officer 3