Central Information Commission
Sakti Ranjan Sen vs Department Of Personnel & Training on 21 November, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DOP&T/A/2021/656931
Sakti Ranjan Sen ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department of Personnel and
Training, RTI Cell, North
Block, New Delhi-110001. .... ितवादीगण /Respondent
Date of Hearing : 18/11/2022
Date of Decision : 18/11/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 12/09/2021
CPIO replied on : Not on record
First appeal filed on : 14/10/2021
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an online RTI application dated 12.09.2021 seeking the following information:
1. "Complete list of present existing Staff Side Members in National Council under Joint Consultative Machinery Scheme with their Name, Ministry/Department/Attached Office/Subordinate Office, Designation, Cadre (i.e. CSS/CSCS/CSSS/General Central Service etc.), Category (i.e. Group 1 A/B/C etc.), Name of Recognized Service Association, Year of inclusion in the Staff Side of National Council under JCM Scheme.
2. Complete list of Ministry-wise/Department-wise Vacant Posts in the Staff Side of National Council under JCM Scheme.
3. Status of proposal for nomination of Member in the Staff Side of National Council from Ministry of Science & Technology under JCM Scheme."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 14.10.2021. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Abhay Kumar, US (JCA-I) & CPIO present through audio conference.
The CPIO tendered his unconditional regret to state that no reply could be provided to the said RTI Application at the original instance, since, due to the COVID induced disruptions, no CPIO was appointed in JCA Section. Subsequently, the FAA provided the complete available information to the Appellant on 28.02.2022.
Decision:
The Commission takes grave exception to the fact that no reply was provided to the RTI Application for want of a CPIO in the concerned Section, which appears to be an unprecedented plea put forth by any of the Section of DoPT as DoPT being the nodal agency for ensuring the implementation of the RTI Act cannot afford to leave RTI Applications unattended for want of appointment of CPIOs.
The CPIO is hereby directed to place a copy of this order before their competent authority to take note of the adverse observations of the Commission in the matter.2
As regards the information sought for in the RTI Application, the FAA's order adequately provides for the same leaving no scope of relief to be ordered in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 3