Central Information Commission
Abhishek Kumar Rai vs Delhi Subordinate Services Selection ... on 29 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/DSSSB/C/2023/649408
Abhishek Kumar Rai ....िशकायतकता /Complainant
VERSUS
बनाम
PIO,
Delhi Subordinate Services Selection
Board, FC - 18, Institutional Area,
Karkardooma, Delhi - 110092 .... ितवादीगण /Respondent
Date of Hearing : 22.01.2025
Date of Decision : 28.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 21.08.2023
CPIO replied on : 22.09.2023 and 30.11.2023
First appeal filed on : Nil
First Appellate Authority's order : 28.11.2023
2nd Appeal/Complaint dated : Nil
Information sought:
The Complainant filed an RTI application (online) dated 21.08.2023 seeking the following information:
"1). How Many no. of Vacancy received till January, 2022 from various department (department wise) for recruitment of the post of Assistant Engineer (Civil) post code 803/22 published vide advertisement no 03/22
2) How many Vacancies withdrawn by various departments (department wise) under post code 803/22?Page 1 of 6
3) No of Vacancy currently available for recruitment (department wise) under post code 803/22.
4) Please provide reason for withdrawal of Vacancy under post code 803/22 as given by various departments (department wise). Also provide copy of letter of withdrawal by various departments.
5) Date of conduct of Pre-Examination for the post of Assistant Engineer (Civil) under post code 803/22.
6) Reason for delay in conducting of examination of post code 803/22 by DSSSB.
7) No of Increased vacancy received in 2022 under post code 803/22.
8) Any chance of cancellation of post code 803/22?"
The CPIO furnished a reply to the complainant on 22.09.2023 stating as under:
"1-All the Advertisement notices/Corrigendum/Circular have already been uploaded on the website of the Board in public domain. The applicant may refer to the same for the information sought.
2- All the Advertisement notices/Corrigendum/Circular have already been uploaded on the website of the Board in public domain. The applicant may refer to the same for the information sought.
3- All the Advertisement notices/Corrigendum/Circular have already been uploaded on the website of the Board in public domain. The applicant may refer to the same for the information sought.
4- All the Advertisement notices/Corrigendum/Circular have already been uploaded on the website of the Board in public domain. The applicant may refer to the same for the Information sought.
7- All the Advertisement notices/Corrigendum/Circular have already been uploaded on the website of the Board in public domain. The applicant may refer to the same for the information sought. 8- Hypothetical questions whose answers are not in record of public authority are not covered under the definition of information under Section 2(f) of the RTI act, 2005"Page 2 of 6
Being dissatisfied, the complainant filed a First Appeal dated Nil. The FAA vide its order dated 28.11.2023, held as under.
"This is an appeal under Section 19(1) of RTI Act, 2005 filed by appellant Sh. Abhishek Kumar Rai against the reply provided by the PIO (Exam Branch) in response to the RTI application dated 21.08.2023. I have perused the RTI application, the reply given and the appeal filed by the appellant. On perusal of the records, it is found that reply furnished by the PIO (Exam Branch) is not satisfactory. PIO (Exam Branch) is directed to revisit the application filed under the RTI Act, 2005 and furnished the revised reply in respect of point no. 5 & 6 to the appellant. Order is passed and appeal is disposed of accordingly."
In compliance of FAA's order the PIO furnished a revised reply dated 30.11.2023 to the appellant as under;
"5. Information will be uploaded on the website of DSSSB. Keep checking the website of DSSSB regularly.
6. Information asked is not covered under section 2(f) of the RTI Act."
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Absent Respondent: Shri Jagdish Prasad, SO (Exam) and Shri Anil Kumar, SO (P & P), appeared in person.
The respondent PIO (Exam) while defending their inter alia submitted that they had provided point-wise replies to the complainant vide letters dated 22.09.2023 and 30.11.2023. Copies of the replies were placed on record.
The respondent PIO (P&P Branch) submitted that they had filed detailed written submissions dated 20.01.2025 stating complete facts of the case and requested the Commission to place it on record, copy of the same was sent to the complainant. The relevant paras of the written submission are reproduced as under:
Page 3 of 6This is with reference to your Notice File No. CIC/DSSSB/C/2023/649408 dated 07/01/2025. It is submitted that the applicant Mr. Abhishek Kumar Rai submitted an online RTI application vide ID No. DSSSB/R/2023/62207 on 21/08/2023 by which he had sought information on 8 points.
The information sought vide point No. 1,2,3,4,7 & 8 pertains to P&P Branch and the reply in respect of above mentioned 6 points was provided to the applicant by P&P Branch as per available records.
The applicant has now filed 2nd appeal in Hon'ble CIC and challenged reply provided for point No. 4,5 & 6. Point No. 4 pertains to P&P Branch.
In this regard, it is submitted that the Delhi Subordinate Services Selection Board (DSSSB) has been mandated to recommend suitable candidates for appointment in various departments of GNCT of Delhi and local bodies/PSUs under the direct recruitment quota to Group 'B' (non- gazetted) & Group 'C' categories of posts.
The process at DSSSB starts after receipt of requisition given by the indenting department specifying eligibility conditions including age criteria and relaxations, if any, to specified castes and categories, etc. The DSSSB is not empowered to change in No. of vacancies, eligibility conditions as given by the indenting department after advertisement.
On receipt of requisitions from 4 departments (MCD, NDMC, DJB, DAMB) for filling up of 151 posts of Assistant Engineer (Civil), the vacancy notice was issued by DSSSB under combined examination vide Advertisement No. 03/22 dated 03/01/2022 allotting post code 803/22.
The Assistant Commissioner (T) vide letter dated 27/12/2021 had intimated that the Delhi Jal Board has decided to withdraw the requisition sent vide letter dated 25/11/2021. Accordingly, the DSSSB has cancelled the vacancies for the post of Assistant Engineer (Civil) in respect of Delhi Jal Board advertised vide advertisement No. 03/2022 vide Notice dated 13/03/2023. Copy of letter dated 27/12/2021 and cancellation notice dated 13/03/2023 is enclosed as Annexure-I. As regards vacancies of New Delhi Municipal Council (NDMC), the Hon'ble CAT vide order dated 14/07/2022 in the matter of Hari Shankar vs DSSSB & Anr, Deepak Rana vs DSSSB & Anr in OA No. 3105/2021 & 46/2022 has ordered that:Page 4 of 6
"In view of aforementioned, the OAs are allowed and OM dated 03/12/2021 and the vacancy notice dated 03/01/2022, are set aside to the extent the same shows 43 number of vacancies of AE (Civil) in the NDMC to be filled by direct recruitment. It is clarified that we are not staying the operation of OM dated 03/12/2021 and vacancy notice/advertisement No. 03/22 dated 03/01/2022 excepting for the post of AE (Civil) for NDMC. The respondents are also directed to re- work the number of vacancies of AE (Civil) NDMC to be filled through direct recruitment and also by promotion within a period of 3 months in terms of RRs and the methodology prescribed vide OM dated 19/01/2007 and will initiate the process of direct recruitment and also promotion within 6 months."
The user department i.e. NDMC vide letter dated 21/09/2022 conveyed that NDMC is in process to challenge the Hon'ble CAT order dated 14/07/2022 in Hon'ble High Court, Delhi.
The DSSSB vide letter dated 26/06/2023 and subsequent reminder dated 24/07/2023 sought clarification from NDMC regarding action taken to challenge the Hon'ble CAT order dated 14/07/2022 in Hon'ble High Court, Delhi. On non receipt of intimation regarding filing of petition by NDMC in Hon'ble High Court against Hon'ble CAT order dated 14/07/2022 and to avoid delay in recruitment process, 43 vacancies in respect of NDMC were cancelled vide Notice dated 18/08/2023. Copy of letter dated 21/09/2022, 26/06/2023, 24/07/2023 and cancellation notice dated 18/08/2023, letter 18/08/2023 forwarded to NDMC intimating cancellation of vacancies enclosed as Annexure-II."
Decision The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, noted that point-wise replies were given to the complainant vide letters dated 22.09.2023, 14.11.2023 and 30.11.2023. Copies of the replies were placed on record. The respondents have filed their written submissions dated 15.01.2025 and 20.01.2025, copies of the same were served to the complainant.
The complainant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the respondent and further agitate the matter. The written submissions given by the respondent are taken on record.
It is noted that the instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission Page 5 of 6 is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker. Perusal of the records reveals that due reply has been given to the complainant. No mala fide was established on part of the PIO in this case. Hence, the Commission finds no scope of intervention in the instant complaint.
The Complaint is dismissed 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 FAA, Delhi Subordinate Services Selection Board, FC - 18, Institutional Area, Karkarduma, Delhi - 110092 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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