Central Information Commission
Pretheep Kumar P K vs Spices Board on 12 December, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/SPIBO/A/2024/118825
File No: CIC/SPIBO/A/2024/118826
Pretheep Kumar P K .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Assistant Director & CPIO,
Spices Board (M/o. Commerce
& Industry), Sugandha
Bhawan, N.H. Bye-Pass,
P.B.No.-2277,
P.O.-Palarivattom,
Kochi-682025 (Kerala). .... ितवादीगण /Respondent
Date of Hearing : 09.12.2025
Date of Decision : 11.12.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Since both the parties and subject matter are same, the aforementioned
Second Appeals are clubbed together for final hearing and disposal.
File No: CIC/SPIBO/A/2024/118825
Relevant facts emerging from appeal:
RTI application filed on : 07.01.2024
CPIO replied on : 06.02.2024
First appeal filed on : 02.03.2024
First Appellate Authority's order : 16.04.2024
2nd Appeal/Complaint dated : 08.06.2024
CIC/SPIBO/A/2024/118825 Page 1 of 19
File No: CIC/SPIBO/A/2024/118826
Relevant facts emerging from appeal:
RTI application filed on : 19.01.2024
CPIO replied on : 06.02.2024
First appeal filed on : 02.03.2024
First Appellate Authority's order : 16.04.2024
2nd Appeal/Complaint dated : 08.06.2024
File No: CIC/SPIBO/A/2024/118825
Information sought:
1. The Appellant filed an RTI application dated 07.01.2024 (online) seeking the following information:
"1. Whether Spices Board have maintained Post Based Reservation Roster Register for all cadres, since the beginning of Post Based Reservation, as per the rules and guidelines of Department of Personnel and Training, Government of India(as per Chapter 5 of Brochure of Reservation published by the Dept. of Per.& Trg., Govt. of India).
2. Please provide the Certified and readable copy of Post Based Reservation Roster Register for all cadres of Spices Board, since the beginning of Post Based Reservation, prepared as per the rules and guidelines of Department of Personnel and Training, Government of India(as per Chapter 5 of Brochure of Reservation published by the Dept. of Per.& Trg., Govt. of India).
3. What are the cadres for which Reservation Roster Registers not maintained, as required at Chapter 5 of Brochure of Reservation published by the Dept. of Per.& Trg., Govt. of India.
4. Who are the authority for verifying and supervising the Reservation Roster Registers of Spices Board.
5. How many cases / complaints are registered after the implementation of Post Based Reservation Roster Register due to the violation of reservation rules or due to the improper maintenance of Reservation Roster Register and the details of the cases/complaints?CIC/SPIBO/A/2024/118825 Page 2 of 19
6. Copies of the orders relied upon by Spices Board for getting exemption from maintenance of Post Based Reservation Roster Register as required mandatorily under provisions of Chapter 5 of Brochure of Reservation published by the Dept. of Per.& Trg., Govt. of India.
7. Copies of the orders relied upon by Spices Board for exempting the Spices Board from annual inspection of Reservation Roster Register by the Liaison Officer & Head of the Department as per GI., Dept. of Per. & A.R., O.M. No. 27/4(ii)/70-Estt. (SCT) dated the 3rd September 1970; O.M. No. 8/8/71-Estt.(SCT), dated the 22nd April, 1971; O.M. No. 36011/1/76- Est. (SCT), Dated 6th March 1976; G.I., Dept. of Per. & A.R., O.M. No. 36022/6/76-Estt. (SCT), Dated 10th May 1976; ΟΜ.ΝΟ.36027/2/79-Estt. (SCT), dated 1st February 1979 and O.M. No.36037/2/88-Estt. (SCT), Dated 30th June 1988.
8. Please provide certified and readable copies of documentary proof for the annual inspection of the Reservation Roster Register conducted over the last 10 years by the Liaison Officer and the Head of the Department of Spices Board as per G.I., Dept. of Per. & A.R., O.M. No. 27/4(ii)/70-Estt. (SCT) dated the 3rd September 1970; Ο.Μ. No. 8/8/71-Estt. (SCT), dated the 22nd April, 1971; O.M. No. 36011/1/76-Est.(SCT), Dated 6th March 1976; O.M. No. 36011/1/76-Est. (SCT), Dated March 1976; O.M. No. 36022/6/76-Estt.(SCT), Dated 10th May 1976; ΟΜ.ΝΟ.36027/2/79-
Estt.(SCT), dated 1st February 1979 and O.M. No.36037/2/88-Estt. (SCT), Dated 30th June 1988.
9. Copies of the orders relied upon by Spices Board for exempting the Spices Board to prepare and sending the annual statements by the Appointing Authority of Spices Board to the concerned Ministry / Department for watching the progress and proper implantation of the reservation orders as per G.I., Dept. of Per. & A.R., O.M. No. 36022/6/76- Estt.(SCT), Dated 10th May 1976 ΟΜ.ΝΟ.36027/2/79-Estt. (SCT), dated 1st February 1979 and O.M. No.36037/2/88-Estt. (SCT), Dated 30th June 1988.
10. Please provide copies of the orders or instructions exempting the Spices Board from compliance with the Govt. of India Order no. G.I., Dept. of Per.& Trg., O.M. No. 43038/2/92-Estt. (SCT), Dated 31.12.1992.
CIC/SPIBO/A/2024/118825 Page 3 of 1911. Details of annual inspection of Reservation Roster Register of last five years by the Liaison Officer & Head of the Department with the copies of inspection report in the prescribed Performa (inspection reports after the implementation of Post Based Reservation Roster).
12. Copies of annual statements of Post Based Reservation Roster of last five years, to be furnished by the Appointing Authority of Spices Board to the concerned Ministry/Department for watching the progress and proper implementation of the reservation orders."
2. The CPIO furnished a point-wise reply to the Appellant on 06.02.2024 stating as under:
"Reply to question No 1 Yes Reply to question No 2 Information requested are exempted under Section 8(1)(j) of RTI Act 2005 Reply to question No 3 Not applicable as Board has maintained post based rosters for all cadres.
Reply to question No 4 Liaison Officers Reply to question No 5 One which is pending before the Honourable High Court of Kerala.
Reply to question No 6 Not applicable as post based rosters are being maintained.
Reply to question No 7 Not applicable as post based rosters are being maintained.
Reply to question No 8 Proof of verification by Liaison Officers are recorded in the roster registers. Reservation Roster Registers can be made available only for employees/recognised service association.
Reply to question No 9 No such orders are available.
Reply to question No 10 No such orders are available.CIC/SPIBO/A/2024/118825 Page 4 of 19
Reply to question No 11 Proof of verification by Liaison Officers are recorded in the roster registers. Reservation Roster Registers can be made available only for employees/recognised service association.
Reply to question No 12 No records are available."
3. Being dissatisfied, the Appellant filed a First Appeal dated 02.03.2024. The FAA vide its order dated 16.04.2024, held as under:
"..Decision: I have carefully gone through the contentions in the appeal and verified the records. It is noted that the CPIO has provided the available information to the appellant on 02.02.2024 through the online RTI portal.
1 (Sl. No. 2). The appellant had sought certified copy of Reservation Roster Register of all the employees working in Spices Board. The Reservation Roster Register consists personal information of employees such as Name, designation, category/caste to which they belong, etc. It also includes service details of employees such as designation, date of joining, date of promotions earned etc. As per Section 8(1) (j) of the RTI Act, 2005 information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual is exempt from disclosure, unless the CPIO or SPIO or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information. Further, the DoP&T O.M.No.43038/2/3/92-Estt. (SCT), dated 31.12.1992 does not stipulate to provide the copy of Reservation Roster Register to any individual; instead it states that whenever a Govt servant or recognized service association want to see the reservation roster, there can be no objection to the roster being shown to them, if need be, through the Liaison Officer. The appellant has sought personal information of all the employees of Spices Board, providing which has no relationship with any public activity. Therefore it is found that the reply furnished by the PIO is correct and complete and hence the decision of the PIO is upheld and the appeal is rejected.CIC/SPIBO/A/2024/118825 Page 5 of 19
2 (Sl. No. 8 & 11). The appellant requested for the certified and readable copies of documentary proof for the annual inspections and details of annualDecision: I have carefully gone through the contentions in the appeal and verified the records. It is noted that the CPIO has provided the available information to the appellant on 02.02.2024 through the online RTI portal.
1 (Sl. No. 2). The appellant had sought certified copy of Reservation Roster Register of all the employees working in Spices Board. The Reservation Roster Register consists personal information of employees such as Name, designation, category/caste to which they belong, etc. It also includes service details of employees such as designation, date of joining, date of promotions earned etc. As per Section 8(1) (j) of the RTI Act, 2005 information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual is exempt from disclosure, unless the CPIO or SPIO or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information. Further, the DoP&T O.M.No.43038/2/3/92-Estt. (SCT), dated 31.12.1992 does not stipulate to provide the copy of Reservation Roster Register to any individual; instead it states that whenever a Govt servant or recognized service association want to see the reservation roster, there can be no objection to the roster being shown to them, if need be, through the Liaison Officer. The appellant has sought personal information of all the employees of Spices Board, providing which has no relationship with any public activity. Therefore it is found that the reply furnished by the PIO is correct and complete and hence the decision of the PIO is upheld and the appeal is rejected.
2 (Sl. No. 8 & 11). The appellant requested for the certified and readable copies of documentary proof for the annual inspections and details of annual inspection of the Reservation Roster Register by the Liaison Officer and the Head of the Department of Spices Board.
CPIO had informed the appellant that Proof of verification by Liaison Officers are recorded in the roster registers. The CIC/SPIBO/A/2024/118825 Page 6 of 19 Reservation Roster Register consists personal information of employees such as Name, designation, category/caste to which they belong, etc. It also includes service details of employees such as designation, date of joining, date of promotions earned etc hence providing such information is exempted under Section 8(1) (j) of the RTI Act, 2005.
As per the DoP&T O.M.No.43038/2/3/92-Estt. (SCT), dated 31.12.1992 stated in the appeal by the appellant, does not stipulate to provide the copy of Reservation Roster Register to any individual; instead it states that whenever a Govt servant or recognized service association want to see the reservation roster, there can be no objection to the roster being shown to them, if need be, through the Liaison Officer. Therefore it is found that the reply furnished by the PIO is correct and complete and hence the decision of the PIO is upheld and the appeal is rejected.."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
5. A written submission dated 05.12.2025 has been received from the Director (Admin) and same has been taken on record for perusal. The relevant extract whereof is as under:
"...RTI submitted by Shri Pretheep Kumar PK Shri Pretheep Kumar PK filed an RTI application(Reg. No.5PIBO/R/E/24/00002 on 07.01.2004, seeking information on twelve questions. Reply was furnished by CPIO on 06.02.2024. The applicant filed an appeal(Reg. No.SPIBO/A/E/24/00005) before the First Appellate Authority on 02.03.2024 against replies furnished in respect of three questions (Sl. Nos. 2, 8 & 11) The appeal was rejected by the First Appellate Authority on 16.04.2024, against which the present appeal is filed. The details of these points are furnished below:
Sl mo.2: The Appellant had requested for the certified and readable copy of all pages of all posts based Reservation Roster Register available at Spices Board.CIC/SPIBO/A/2024/118825 Page 7 of 19
The Roster Register includes personal information of all the employees such as Name, Designation, Caste/category of the employee, category to which he is selected, Date of promotion, Date of selection to the post etc. It also includes service details of employees such as designation, date of joining, date of promotions earned etc. As per Section 8(1) (j) of the RTI Act,2005 information which relates to personal Information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual is exempt from disclosure, unless the CPIO or SPIO or the Appellate Authority is satisfied that the larger public interest Justifies the disclosure of soch information.
The appellant contended that as per the O.M No.43038/2/92-Esat (SCT), dated 31.12.1992, issued by the Department of Personnel & Training, Gol the Reservation Roster is not considered as a confidential document and it's not a personal detail. Further the appellant stated that the RTI does not pertain to personal information nor does it cause an unwarranted invasion of the privacy of the individual. Therefore the information/documents requested in the RTI application do not fall under the exemption outlined in Section 8(1)(1) of the RTI Act. 2005 The DoP&T Q.M.No.43038/23/92-Estt (SCT), dated 31.12.1992 does not stipulate to provide the copy of Reservation Roster Register to any individual; instead it states that whenever a Govt servant or recognized service association want to see the reservation roster, there can be no objection to the roster being shown to them, if need be, through the Liaison Officer. The appellant has sought personal information of all the employees of Spices Boal, providing which has no relationship with any public activity.
SI no.8: The appellant requested for the certified and readable copies of documentary proof for the annual inspections of the Reservation Roster Register conducted over the last 10 years by the Liaison Officer and the Head of the Department of Spices Board.
CIC/SPIBO/A/2024/118825 Page 8 of 19S1 No. 11:. The appellant requested for the details of annual inspection of Reservation Roster Register of last five years by the Liaison Officer and Head Of the Department with the copies of inspection report in the prescribed proforma. The appellant contended that he had requested for details of annual inspection of Reservation Roster Register of last five years by the Liaison Officer and Head of the Department with the copies of inspection report in the prescribed Performa, not for the verification report in the register.
CPIO had informed the appellant that Proof of verification by Liaison Officers are recorded in the roster registers. No separate verification reports are being filed by the Liaison Officers and hence no such reports are available. The RTI Act does not require public authorities to create information; instead, it grants access to information that already exists. Therefore, the appeal for providing copies of the annual inspection/verification reports by Liaison Officer/Head of the Department could not be considered. The FAA also upheld the decision of the CPIO in respect of the above points..."
File No: CIC/SPIBO/A/2024/118826 Information sought:
6. The Appellant filed an RTI application dated 19.01.2024 (online) seeking the following information:
"1. Whether Spices Board have maintained Post Based Reservation Roster Register for all cadres, since the beginning of Post Based Reservation, as per the rules and guidelines of Department of Personnel and Training, Government of India(as per Chapter 5 of Brochure of Reservation published by the Dept. of Per.& Trg., Govt. of India).
2. Please provide the Certified and readable copy of Post Based Reservation Roster Register for all cadres of Spices Board, since the beginning of Post Based Reservation, prepared as per the rules and guidelines of Department of Personnel and Training, Government of CIC/SPIBO/A/2024/118825 Page 9 of 19 India(as per Chapter 5 of Brochure of Reservation published by the Dept. of Per.& Trg., Govt. of India).
3. What are the cadres for which Reservation Roster Registers not maintained, as required at Chapter 5 of Brochure of Reservation published by the Dept. of Per.& Trg., Govt. of India.
4. Who are the authority for verifying and supervising the Reservation Roster Registers of Spices Board.
5. How many cases complaints are registered after the implementation of Post Based Reservation Roster Register due to the violation of reservation rules or due to the improper maintenance of Reservation Roster Register and the details of the cases/complaints?
6. Copies of the orders relied upon by Spices Board for getting exemption from maintenance of Post Based Reservation Roster Register as required mandatorily under provisions of Chapter 5 of Brochure of Reservation published by the Dept. of Per.& Trg., Govt. of India.
7. Copies of the orders relied upon by Spices Board for exempting the Spices Board from annual inspection of Reservation Roster Register by the Liaison Officer & Head of the Department as per G.I., Dept. of Per. & A.R., O.M. No. 27/4(ii)/70-Estt.(SCT) dated the 3rd September 1970; O.M. No. 8/8/71-Estt.(SCT), dated the 22nd April, 1971; O.M. No. 36011/1/76- Est. (SCT), Dated 6th March 1976; GI., Dept. of Per. & A.R., O.M. No. 36022/6/76-Estt. (SCT), Dated 10th May 1976; ΟΜ.ΝΟ.36027/2/79-Estt. (SCT), dated 1st February 1979 and O.M. No.36037/2/88-Estt. (SCT), Dated 30th June 1988.
8. Please provide certified and readable copies of documentary proof for the annual inspection of the Reservation Roster Register conducted over the last 10 years by the Liaison Officer and the Head of the Department of Spices Board as per G.I., Dept. of Per. & A.R., O.M. No. 27/4(ii)/70-Estt. (SCT) dated the: 3rd September 1970; Ο.Μ. No. 8/8/71-Estt.(SCT), dated the 22nd April, 1971; O.M. No. 36011/1/76-Est. (SCT), Dated 6th March 1976; O.M. No. 36011/1/76-Est. (SCT), Dated 6th March 1976; O.M. No. 36022/6/76-Estt. (SCT), Dated 10th May 1976; ΟΜ.ΝΟ.36027/2/79-Estt. (SCT), dated 1 February 1979 and O.M. No.36037/2/88-Estt. (SCT), Dated 30th June 1988.CIC/SPIBO/A/2024/118825 Page 10 of 19
9. Copies of the orders relied upon by Spices Board for exempting the Spices Board to prepare and sending the annual statements by the Appointing Authority of Spices Board to the concerned Ministry / Department for watching the progress and proper implantation of the reservation orders as per G.I., Dept. of Per. & A.R., O.M. No. 36022/6/76-
Estt. (SCT), Dated 10th May 1976 ΟΜ.ΝΟ.36027/2/79-Estt. (SCT), dated 1 February 1979 and QM. No.36037/2/88-Estt. (SCT), Dated 30th June 1988.
10. Please provide copies of the orders or instructions exempting the Spices Board from compliance with the Govt. of India Order no. G.I., Dept. of Per.& Trg., O.M. No. 43038/2/92-Estt. (SCT), Dated 31.12.1992.
11. Details of annual inspection of Reservation Roster Register of last five years by the Liaison Officer & Head of the Department with the copies of inspection report in the prescribed Performa (inspection reports after the implementation of Post Based Reservation Roster).
12. Copies of annual statements of Post Based Reservation Roster of last five years, to be furnished by the Appointing Authority of Spices Board to the concerned Ministry/Department for watching the progress and proper implementation of the reservation orders."
7. The CPIO furnished a point-wise reply to the Appellant on 06.02.2024 stating as under:
"Reply to question No 1 Yes Reply to question No 2 Information requested are exempted under Section 8(i)(j) of RTI Act 2005 Reply to question No 3 Not applicable as Board has maintained post based rosters for all cadres.
Reply to question No 4 Liaison Officers Reply to question No 5 One which is pending before the Honourable High Court of Kerala.
Reply to question No 6 Not applicable as post based rosters are being maintained.CIC/SPIBO/A/2024/118825 Page 11 of 19
Reply to question No 7 Not applicable as post based rosters are being maintained.
Reply to question No 8 Proof of verification by Liaison Officers are recorded in the roster registers. Reservation Roster Registers can be made available only for employees/recognised service association.
Reply to question No 9 No such orders are available.
Reply to question No 10 No such orders are available.
Reply to question No 11 Proof of verification by Liaison Officers are recorded in the roster registers. Reservation Roster Registers can be made available only for employees/recognised service association.
Reply to question No 12 No records are available."
8. Being dissatisfied, the Appellant filed a First Appeal dated 02.03.2024. The FAA vide its order dated 16.04.2024, held as under:
"..Decision: I have carefully gone through the contentions in the appeal and verified the records. It is noted that the CPIO has provided the available information to the appellant on 02.02.2024 through the online RTI portal.
1 (Sl. No. 2). The appellant had sought certified copy of Reservation Roster Register of all the employees working in Spices Board. The Reservation Roster Register consists personal information of employees such as Name, designation, category/caste to which they belong, etc. It also includes service details of employees such as designation, date of joining, date of promotions earned etc. As per Section 8(1) (j) of the RTI Act, 2005 information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual is exempt from disclosure, unless the CPIO or SPIO or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information. Further, the DoP&T O.M.No.43038/2/3/92-Estt. (SCT), dated 31.12.1992 does not stipulate to provide the copy of Reservation Roster Register to any individual; instead it states that whenever a CIC/SPIBO/A/2024/118825 Page 12 of 19 Govt servant or recognized service association want to see the reservation roster, there can be no objection to the roster being shown to them, if need be, through the Liaison Officer. The appellant has sought personal information of all the employees of Spices Board, providing which has no relationship with any public activity. Therefore it is found that the reply furnished by the PIO is correct and complete and hence the decision of the PIO is upheld and the appeal is rejected.
2 (Sl. No. 8 & 11). The appellant requested for the certified and readable copies of documentary proof for the annual inspections and details of annual inspection of the Reservation Roster Register by the Liaison Officer and the Head of the Department of Spices Board.
CPIO had informed the appellant that Proof of verification by Liaison Officers are recorded in the roster registers. The Reservation Roster Register consists personal information of employees such as Name, designation, category/caste to which they belong, etc. It also includes service details of employees such as designation, date of joining, date of promotions earned etc hence providing such information is exempted under Section 8(1) (j) of the RTI Act, 2005.
As per the DoP&T O.M.No.43038/2/3/92-Estt. (SCT), dated 31.12.1992 stated in the appeal by the appellant, does not stipulate to provide the copy of Reservation Roster Register to any individual; instead it states that whenever a Govt servant or recognized service association want to see the reservation roster, there can be no objection to the roster being shown to them, if need be, through the Liaison Officer. Therefore it is found that the reply furnished by the PIO is correct and complete and hence the decision of the PIO is upheld and the appeal is rejected..."
9. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
CIC/SPIBO/A/2024/118825 Page 13 of 1910. A written submission dated 05.12.2025 has been received from the Director (Admin) and same has been taken on record for perusal. The relevant extract whereof is as under:
"..Shri Pretheep Kumar PK filed an RTI application(Reg. No.SPIBO/R/E/24/00005 on 19.01.2024, seeking information on twelve questions. Reply was furnished by CPIO on 06.02.2024. The applicant filed an appeal(Reg. No.SPIBO/A/E/24/00006) before the First Appellate Authority on 02.03.2024 against replies furnished in respect of three questions (Sl. Nos. 2, 8 & 11). The appeal was rejected by the First Appellate Authority on 16.04.2024, against which the present appeal is filed. The details of these points are furnished below:
Sl no.2: The appellant had requested for the certified and readable copy of all pages of all posts based Reservation Roster Register available at Spices Board.
The Roster Register includes personal information of all the employees such as Name, Designation, Caste/category of the employee, category to which he is selected, Date of promotion, Date of selection to the post etc. It also includes service details of employees such as designation, date of joining, date of promotions earned etc. As per Section B(1) (j) of the RTI Act, 2005 information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual is exempt from disclosure, unless the CPIO or SPIO or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information. The appellant contended that as per the O.M No.43038/2/92-Estt. (SCT), dated 31.12.1992, issued by the Department of Personnel & Training, Gol the Reservation Roster is not considered as a confidential document and it's not a personal detail. Further the appellant stated that the RTI does not pertain to personal information nor does it cause an unwarranted invasion of the privacy of the CIC/SPIBO/A/2024/118825 Page 14 of 19 individual. Therefore the information/documents requested in the RTI application do not fall under the exemption outlined in Section 8(i)()) of the RTI Act, 2005. The DoP&T O.M.No.43038/2/3/92-Estt. (SCT), dated 31.12.1992 does not stipulate to provide the copy of Reservation Roster Register to any individual; instead it states that whenever a Govt servant or recognized service association want to see the reservation roster, there can be no objection to the roster being shown to them, if need be, through the Liaison Officer, The appellant has sought personal information of all the employees of Spices Board, providing which has no relationship with any public activity.
Si no.8: The appellant requested for the certified and readable copies of documentary proof for the annual inspections of the Reservation Roster Register conducted over the last 10 years by the Liaison Officer and the Head of the Department of Spices Board.
Sl No. 11:. The appellant requested for the details of annual inspection of Reservation Roster Register of last five years by the Liaison Officer and Head Of the Department with the copies of inspection report in the prescribed proforma. The appellant contended that he had requested for details of annual inspection of Reservation Roster Register of last five years by the Liaison Officer and Head of the Department with the copies of inspection report in the prescribed performa, not for the verification report in the register. CPIO had informed the appellant that Proof of verification by Liaison Officers are recorded in the roster registers. No separate verification reports are being filed by the Liaison Officers and hence no such reports are available. The RTI Act does not require public authorities to create information; instead, it grants access to information that already exists. Therefore the appeal for providing copies of the annual inspection/verification reports by Liaison Officer/Head of the Department could not be considered.
CIC/SPIBO/A/2024/118825 Page 15 of 19The FAA also upheld the decision of the CPIO in respect of the above points...."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference. Respondent: Shri Beneeshmon A.P, Dy. Director- participated in the hearing.
11.Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 08.06.2024 is not available on record.
12.The Appellant inter alia submitted that the information sought at point No. 2, 8 and 11 of the RTI Applications has not been furnished by the PIO. He averred that reservation roaster has been wrongly denied by the PIO under the garb of third-party information.
13.The Respondent while defending their case inter alia submitted that the roster register includes service details of employees such as designation, date of joining, date of promotions earned etc and accordingly, the same is exempted under section 8(1)(j) of the RTI Act. As regards points No. 8 and 11 of the RTI Application, the PIO stated that proof of verification by liaison officers are recorded in the roster registers. No separate verification reports are being filed by the liaison officers and hence no such reports are available.
Decision:
14.The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the main premise of the Second Appeals is non-furnishing of complete information with respect to point No. 2, 8 and 11 of the RTI Applications.
15. It is noted that the Appellant has sought information related to posts- based Reservation Roster Register of Spices Board. Commission observes that the Reservation Roster maintained by any government department or Public Authority is a statutory record relating to implementation of CIC/SPIBO/A/2024/118825 Page 16 of 19 the reservation policy. As per the provisions of the Right to Information Act, 2005, such a roster must be furnished to the RTI applicant when sought.
16. Reservation Rosters do not contain personal or confidential information; they only indicate the category-wise allocation of posts, their distribution amongst various reservation categories and unreserved category along with name of the employee occupying each roster point filled along with date from which occupied besides indicating vacant roster points. Therefore, no exemption under Section 8 of the RTI Act applies.
17. Further, disclosure of the Reservation Roster promotes transparency, accountability, and fairness in public appointments and is fully in line with the objectives of Section 4(1)(b) of the RTI Act, which stresses proactive dissemination of organizational and recruitment-related information. This further boosts the confidence of general public and also employees in the fairness of the process in recruitment and also in promotion.
18. Furthermore, disclosure of such information is justified in the larger public interest as contemplated under Section 8(2) of the RTI Act. Transparency in this regard is essential to prevent the selection of ineligible (Kupatra / कुपा ) candidates in place of eligible (Supatra / ु ा ) candidates and to ensure the integrity of the reservation system. सप
19. Hence, the information related to reservation roster should be provided to the RTI applicant to ensure transparency in the implementation of reservation policies.
20. In view of foregoing the CPIO is directed to afford an opportunity of inspection of relevant records to the Appellant with respect to point No. 2, 8 and 11 of the RTI Application on a mutually decided date and time within four weeks from the date of receipt of this order. Before giving a date to the Appellant, the Respondent should supply him a list of files connected with the query in the RTI application giving File Nos., Subject of the file, and total number of pages of correspondence in each file.
CIC/SPIBO/A/2024/118825 Page 17 of 19Further, on the day of inspection, all relevant records must be brought at one place to facilitate inspection and not make the Appellant run around various departments of the Respondent Public Authority. Intimation of date and time should be sent to the Appellant well in advance in writing. Copy of records as may be desired by the Appellant be provided to him upon receipt of requisite fees as per RTI Rules.
21. The Commission would like to counsel the Respondent that every public authority shall make constant endeavour to take steps in accordance with the requirements of Section 4 (1) (b) of the RTI Act to provide as much information suo moto to the public at required intervals through various means of communications, including internet, so that public does not have to resort to the use of RTI Act to obtain basic information. In this regard, the Hon'ble Supreme Court of India recently in case of Kishan Chand Jain vs. Union of India & Ors., Writ Petition (Civil) No. 990 of 2021, vide its judgement dated 17.08.2023, has held as under:
"25. Having examined the Right to Information established by the statute under Section 3 in the context of the obligations of public authorities under Section 4, we are of the opinion that the purpose and object of the statute will be accomplished only if the principle of accountability governs the relationship between 'right holders' and 'duty bearers'. The Central and State Information Commissions have a prominent place, having a statutory recognition under Chapters III and IV of the Act and their powers and functions all enumerated in detail in Section 18 of the Act. We have also noted the special power of 'Monitoring and Reporting' conferred on the Central and State Information Commissioners which must be exercised keeping in mind the purpose and object of the Act, i.e., 'to promote transparency and accountability in working of every public authority".
26. "For the reasons stated above, we direct that the Central Information Commission and the State Information Commissions shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time. The directions will also include instructions under O.M. dated 07.11.2019 issued by the Department. For this purpose, the Commissioners will also be entitled to issue recommendations under sub-Section (5) of Section 25 to public authorities for taking necessary steps for complying with the provisions of the Act."
CIC/SPIBO/A/2024/118825 Page 18 of 1922. Accordingly, the Respondent is advised to place in public domain reservation roster of their department in public domain on their official website in compliance of Section 4 of the RTI Act. This will also relieve the public authority from the burden of RTI Applications which are filed for merely seeking such information and not any specific record. In pursuance of the aforesaid advisory, the CPIO is directed to place a copy of this order before their competent authority for taking appropriate action.
23. The First Appellate Authority to ensure compliance of this order.
Matters are disposed of 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, Spices Board, Sugandha Bhavan, NH Bye Pass, Palarivattom, Kochi - 682025 CIC/SPIBO/A/2024/118825 Page 19 of 19 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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