Central Information Commission
Giris Nautiyal vs Broadcast Engineering Constulatants ... on 10 September, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No. : CIC/BECIL/A/2017/172790/SD
Girish Nautiyal ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Broad Engineering Consultant India Ltd,
BECIL Bhawan,
C- 56, A/17, Sector - 62,
Noida - 201307 ... ितवादीगण /Respondents
RTI application filed on : 05/08/2017
CPIO replied on : No reply
First appeal filed on : 14/09/2017
First Appellate Authority order : No order
Second Appeal dated : 20/10/2017
Date of Hearing : 04/09/2018
Date of Decision : 07/09/2018
Information sought:
The Appellant sought to know how many candidates have been selected for employment in different departments through BECIL; department wise strength of selected candidates; outcome of computer skill test held on 26.04.2017 in DDA office; amount accumulated by BECIL from different kinds of job seekers etc. Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-1
Appellant: Present in person.
Respondent: Mahesh Chand, AGM(HR) & CPIO, Broad Engineering Consultant India Ltd, BECIL Bhawan, Noida present in person.
CPIO regretted that as per their records the receipt of the original RTI Application could not be traced however, upon receipt of its copy with the notice of hearing, available information has been provided to the Appellant vide their letter dated 24.08.2018.
Appellant stated the he is not satisfied with the reply of the CPIO on most of the paras of the RTI Application.
Decision Commission expresses severe displeasure over the fact that despite there being a proof of receipt of the RTI Application in the BECIL office, CPIO claims that the same could not be traced. A copy of this order is marked to the Chairman & Managing Director (CMD), BECIL to take note of the system of dak receipt and management of BECIL office particularly with respect to RTI Act. The plea of unavailability of dak or the same being untraceable does not hold good for statutory matters such as RTI Act which mandates replying on RTI Applications within 30 days of its receipt, failing which the CPIO attracts penal action as per Section 20 of the RTI Act.
Commission directs the CMD, BECIL to inquire into the circumstances under which the instant RTI Application was not dealt with as per the mandate of RTI Act and fix responsibility on the erring officials. A report to this effect shall be sent by the CMD to the Commission within 30 days from the date of receipt of this order which includes inter alia proposed changes in the dak management system of BECIL office.
As regards the reply of the CPIO provided on 24.08.2018, Commission finds little scope for intervention as most of the queries of the RTI Application fall outside the purview of Section 2(f) of RTI Act since Appellant has merely sought for clarifications and interpretation of the CPIO. Nonetheless, CPIO is hereby directed to provide a revised reply to the Appellant on paras 2 and 4 of the RTI Application by incorporating the number and name of qualified candidates selected in the Skill test of 26.04.2017 as well as intimate the total amount collected as fees by BECIL in last two years from job applicants. The 2 File No. : CIC/BECIL/A/2017/172790/SD said information should be provided free of cost to the Appellant within 15 days from the date of receipt of this order and a compliance report of the same be duly sent to the Commission.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date
Chairman & Managing Director
Broad Engineering Consultant India Ltd,
BECIL Bhawan,
C- 56, A/17, Sector - 62,
Noida - 201307
--(For compliance of directions as above) 3