Central Information Commission
Mr Varun Br vs Union Public Service Commission on 6 March, 2014
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SM/C/2013/000578SS
March 06, 2014
Complainant : Shri Varun B.R.
Respondents : Union Public Service Commission (UPSC)
Date of Hearing : 06.03.2014
INTERIM ORDER
The present complaint, filed by Shri Varun B.R. against Union Public Service Commission (UPSC), was taken up for hearing on 06.03.2014 when the Respondents were present through Dr. Kulbir Singh, Joint Director (E) and Shri Imran Farid, US (CSM). The Complainant was however not present.
2. The Complainant through an RTI application dated 06.05.2013 wanted to obtain copies of his own answer book of all the papers (mentioned in the application) in respect of the Civil Service (Main) Examination 2012. He also wanted to know as to when the answer books of said exam are disposed of. CIC/SM/C/2013/000578SS Page 1 of 4 2
3. The CPIO vide his letter of May, 2013 (date not legible) denied the information in respect of point No. 1 (i.e. copy of answer book) to the Complainant citing exemption under section 8 (1)(d) of the RTI Act. As for point No. 2, he referred to the Record Retention Schedule of the public authority available on its website.
4. The Complainant thereafter filed the instant complaint before the Commission against the refusal of information by the CPIO.
5. During the hearing, on being asked, Dr. Kulbir Singh, representing the Respondents, informs the Commission that the information in question here pertains to the Confidential Branch of the public authority and that he had just conveyed their reply to the Complainant.
6. Having heard the submissions and perused the records, the Commission notes that the CPIO/holder of information has not given any justification in terms of section 19(5) of the RTI Act as to how disclosure of information in question would harm the competitive position of the public authority under section 8(1)(d) of the RTI Act. Therefore, the holder of information viz., Shri Mohit Chandra [Joint Secretary (C)] is hereby directed to file a written statement before the Commission justifying the denial of information in question. The written submission should be filed within 10 days of receipt of this order with a copy to the Appellant for him to file a rejoinder, if any.
7. The matter shall now be heard on April 24, 2014 at 1500 Hrs. Shri Mohit Chandra, Joint Secretary/Holder of information is directed to appear before the Commission in its court room No. 306 on the schedule date. 2
(Sushma Singh) Chief Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar Address to the Parties:
1. Shri Varun B.R. 108 Central IPS Mess SVPNPA Sivaramapally Andhra Pradesh
2. The Central Public Information Officer (RTI) & Joint Director (EIII) Union Public Service Commission (UPSC) Dholpur House, Shahjahan Road New Delhi 110069
3. The Appellate Authority (RTI) & Joint Secretary (E) Union Public Service Commission (UPSC) Dholpur House, Shahjahan Road New Delhi 110069 CIC/SM/C/2013/000578SS Page 3 of 4 4
4. Shri Mohit Chandra (for compliance) Joint Secretary (C) Union Public Service Commission (UPSC) Dholpur House, Shahjahan Road New Delhi 110069 4