Dr Sujoy K Dhara vs Ministry Of Agriculture on 28 July, 2021

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Central Information Commission

Dr Sujoy K Dhara vs Ministry Of Agriculture on 28 July, 2021

Bench: Vanaja N Sarna

                             क य सच  ु ना आयोग
                    CENTRAL INFORMATION COMMISSION
                              बाबा गंगनाथ माग
                            Baba Gangnath Marg
                         मु नरका, नई द ल - 110067
                        Munirka, New Delhi-110067

                                           File no.: CIC/MAGRI/A/2019/653767
In the matter of:
Dr Sujoy K Dhara
                                                           ... Appellant
                                      VS
Central Public Information Officer
Agricultural Scientists Recruitment Board (ASRB),
Krishi Anusandhan Bhawan - I,
Pusa, New Delhi 110012
                                                           ...Respondent

RTI application filed on : 29/07/2019 CPIO replied on : 14/08/2019 First appeal filed on : 23/08/2019 First Appellate Authority order : 06/09/2019 Second Appeal dated : 13/10/2019 Date of Hearing : 27/07/2021 Date of Decision : 27/07/2021 The following were present:

Appellant: Present over phone Respondent: Dr Suresh Pal, Chief Technical Officer and CPIO, present over phone Information Sought:

The appellant has sought the following information with regard to deferment of his promotion:

1. Provide the list of items that "do not pertain or fall within the assessment period under consideration", which were submitted with the original CAS application by the appellant.

2. With respect to the five items mentioned in the RTI application, state, in respect of each item, whether the same pertains or falls within the assessment period (26.07.2013 - 25.07.2016).

3. Provide the video recording of the interview and give information as to how redress the wrong doing of a committee of the ASRB.

Grounds for Second Appeal The CPIO did not provide the desired information.

Submissions made by Appellant and Respondent during Hearing:

The appellant submitted that the query raised by him is based on the ASRB's statement. The Committee failed to provide him marks. He pointed out that he collected the marks records, and he is distressed that he was not given 5.5 marks.

The CPIO submitted that a suitable reply was given vide letter dated 14.08.2019 and the grievance of the appellant cannot be settled under the Act.

Observations:

Based on a perusal of the record, it was noted that the CPIO vide letter dated 14.08.2019 provided the following reply:

"1 & 2. The assessment in respect of Dr. Sujoy K. Dhara was done by the Assessment Committee. ASRB cannot comment on this issue.

3. There is no provision of videography at the time of interview at ASRB."

The FAA vide order dated 06.09.2019 reiterated the contents of the CPIO's reply dated 14.08.2019.

The Commission observed that the appellant is seeking interpretation, and the same cannot be replied by the CPIO under the RTI Act.

Decision:

In view of the above observations, the Commission finds no scope for any intervention in the matter and accordingly upholds the submissions of the CPIO. No further action lies.

The appeal is disposed of accordingly.

Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) 2 Authenticated true copy (अ$भ&मा'णत स)या*पत& त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 3

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