Central Information Commission
P Gangadhar vs Ut Of Andaman & Nicobar on 7 March, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/UTOAN/A/2023/647550
P. Gangadhar .....अपीलकर्ता /Appellant
VERSUS
बनतम
The PIO
State Programme Manager
(NRHM), Andaman and Nicobar ....प्रतर्वतदीगण /Respondent
Administration, Port Blair-744101
Date of Hearing : 03.03.2025
Date of Decision : 06.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 07.07.2022
CPIO replied on : 15.07.2022/05.04.2023
First appeal filed on : 15.03.2023
First Appellate Authority's order : 24.03.2023
2nd Appeal/Complaint dated : 09.10.2023
Information sought:
The Appellant filed an RTI application dated 07.07.2022 (online) seeking the following information:
"5.Details of Information required:
a) Kindly provide the details of vacancies published for the post of Community Health Officer in NHM during 2019.Page 1 of 5
b) Kindly provide the details of the candidates applied for the post of CHO during 2019.
c) Kindly provide the details of marks secured in internal assessment, written and interview.
d) Kindly provide the details of the candidates selected for CHO and certified copies of their appointment Order.
e) Kindly provide the details of certificates i.e., Educational qualification, experience submitted by the selected candidates for CHO.
f) Kindly provide the name of the officials responsible for scrutiny of experience certificates of the selected candidates and the methodology adopted for its verification.
g) Kindly provide the details of payroll statement and incentives paid from July 2019 to till date.
h) Kindly provide the certified copies of noting and correspondence side for transfer and posting of CHOs thereafter for extension of contract."
The PIO furnished a reply to the Appellant on 15.07.2022, 19.07.2022 & 05.04.2023 stating as under:
"Reply dt:15.07.2022 The CPIO vide letter No. 2-64/RTI(ID No. 63)DHS/2022/2529(Port Blair) dated 15.07.2022 The RTI application has been transferred to PIO, State Programme Manager (NRHM), Port Blair for necessary action.
Reply dt:19.07.2022 This is with reference to your RTI letter No. Nil dated Nil regarding the reply under RTI Act 2005 and to inform you that your RTI application doesn't have your landline/mobile number to contact you for further communication.
Hence, it is hereby requested you to kindly visit Office of the State Health Society, A&N Islands in person with valid Identity proof for clarification/discussion with regard to the information asked by your goodself so that the same may be furnished to you in soft/hard copy by paying the nominal fee.Page 2 of 5
Reply dt:05.04.2023 With reference to your RTI letter No. Nil dated Nil regarding the reply under RTI Act 2005, it is to inform that Office of the State Health Society, A&N Islands had earlier sent a letter vide letter no. 3- 40/RTI/MD/UTHM/2016-17/1658 dated 19/7/2022 (copy enclosed) however, the same could not be delivered to the given address in absence of your contact number.
It is therefore, requested that you may kindly visit the Office of the State Health Society, A&N Islands in person with valid Identity proof for clarification/discussion with regard to the information asked by your goodself so that the same may be furnished to you in soft/hard copy."
Being dissatisfied, the appellant filed a First Appeal dated 15.03.2023 with the FAA, A & N Administration Secretariat. The FAA's vide letter dated 24.03.2023 forwarded the First Appeal to the Respondent under Section 6(3) of the RTI Act for providing the information directly to the appellant.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: He along with Shri Pradeep Chanda present through video- conference.
Respondent: Mohd. Ismail, State Programme Manager/PIO present through video-conference.
The respondent stated that appellant vide letter dated 05.04.2023 has been requested to visit their office for clarification/discussion regarding the information sought. However, he did not turn up due to which the PIO could not be able to facilitate due assistance to the appellant in getting the information. He further apprised the bench that even otherwise, the appellant was neither the candidate nor established any larger public interest that would be served in disclosure of information about the candidates applied for the post in question.
To a query from the Commission regarding the reason for filing the instant appeal after expiry of stipulated time, the appellant failed to give any Page 3 of 5 reasonable cause. Further, he vaguely stated that one of his relative or friend Shri Govind Rao applied for the averred post who currently resides in Chennai, therefore, he has sought information on his behalf.
Decision:
The Commission at the outset upon a perusal of records observes that the instant Second Appeal is filed after expiry of stipulated time frame of 90 days as envisaged under the RTI Act. Further, the appellant has not mentioned any reasonable grounds or given any cogent justification for such inordinate delay in filing of this appeal. In this regard, the Commission would like to bring attention of the appellant towards a legal maxim i.e. "Vigilantibus Non Dormientbus Jura Subveniunt" which means the law assists only those who are vigilant and not those who sleep over their rights.
Even after taking empathetic view in the matter, the Commission by taking cognizance of submissions made by the respondent finds no scope to interfere in the matter as the information sought by the appellant contains the elements of personal information of third-party candidates which attracts exemption of Section 8 (1)(j) of the RTI Act.
Having observed as above, intervention of the Commission is not warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (निनोि कुमार नििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अतिप्रमततणर् सत्यततपर् प्रतर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 4 of 5 Copy To:
The FAA State Programme Manager (NRHM), Andaman and Nicobar Administration, Port Blair-744101 CPIO Secretary (Health) A&N Administration Port Blair-744101 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)