Central Information Commission
Mahesh Kumar Sharma vs Department Of Posts on 6 October, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2015/001189+001190+001191/11425
04 October 2016
Relevant Facts emerging from the Appeal:
Appellant : Mr. Mahesh Kumar Sharma
R/o - Oswal Line,
Behind Dadabadi, Rajnandgaon,
Chhattisgarh
Respondent : CPIO / Asst. Director (Staff)
Department of Post,
O/o CPMG, Chhattisgarh Circle,
Raipur - 492001
Trainer, WCTC,
Department of Posts,
O/o CPMG, Chhattisgarh Circle,
Raipur - 492001
RTI application filed on : 09/12/2014, 06/12/2014
PIO replied on : 31/12/2014, 29/12/2014
First appeal filed on : 26/01/2015
First Appellate Authority order : 04/03/2015, 11/03/2015, 12/03/2015
Second Appeal dated : 25/05/2015
Information sought
CIC/BS/A/2015/001189
1. How many times the advertisement was published and the examination was held for the post of postman/ mail guard in a year.
2. Provide the result / merit list of the examination and till when the waiting list was valid.
3. If the no. of vacancy increases for the post against whom the exam was conducted 3 to 4 month back, on what basis the appointment would be done. Whether the appointment would be made as per the previous waiting list or again the exam would be conducted.
4. Provide the certified copy of ruling followed for the appointment of postman/ mail guard.
5. Whether the result has been secretly announced in all the Divisions as done in Durg Division CIC/BS/A/2015/001190 The appellant appeared in the examination held in CIT College Abhanpur, Raipur on 06/07/2014 for the post of postman/ mail guard direct recruitment 2014 in Durg Division. He wants to know the name, and designation of the teachers who were on duty at that time. Also wants the CCTV recording of the premises/section where the answer sheets (OMR Sheets) were checked of the above said examination.
Page 1 of 2CIC/BS/A/2015/001191 The appellant appeared in the examination held in CIT College Abhanpur, Raipur on 06/07/2014 for the post of postman/ mail guard direct recruitment 2014 in Durg Division. Provide the soft copy (either in CD or DVD) of answer sheets (OMR Sheet) of all the candidates who appeared for the examination. On what basis/criteria the calculation of 100 questions asked in the exam have been solved provide certified copy in respect of the same.
Grounds for the Second Appeal:
The CPIO has not provided the desired information. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Mahesh Kumar Sharma through VC Respondent: Mr. R K Sahu CPIO through VC M: 9993589239 It is seen that the issued involved in all the three appeals is the same; hence, they are heard together and disposed of by a common order.
The applicant stated that he wants to know the source of the answers given in the key. The CPIO stated that outside experts set the question paper and provide the key and if the applicant does not agree with the answers given in the key he has to raise the issue before the appropriate authority/forum but cannot urge his grievance under the RTI Act.
The applicant requested for copy of OMR sheets of other candidates. The CPIO stated that the information relates to third party, is personal in nature and cannot be provided being exempt under Section 8(1)(j) of the RTI Act.
Decision notice:
At the outset it is clarified that the CPIO, under the RTI Act, is required to furnish information/documents as available on record; however, eliciting answers to queries, redressal of grievance, reasons for non compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act.
The basic protection afforded by virtue of the exemption from disclosure of personal information relating to third party enacted under Section 8(1)(j) of the RTI Act cannot be lifted or disturbed unless the petitioner is able to justify how such disclosure would be in ' larger public interest'. The appellant has not succeeded in establishing that copy of OMR sheets of other candidates sought by him is for larger public purpose. Hence, there is no need to interfere with the respondent's decision.
The matters stand closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2