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Central Information Commission

T. Hemanth Kumar vs Niper, Hyderabad on 18 October, 2022

Author: Heeralal Samariya

Bench: Heeralal Samariya

                             केन्द्रीय सूचना आयोग
                      Central Information Commission
                          बाबा गंगनाथ मागग ,मुननरका
                       Baba Gangnath Marg, Munirka
                       नई निल्ली, New Delhi - 110067

 नितीय अपील संख्या/Second Appeal No.: CIC/NIPHY/A/2021/646717

 T. Hemanth Kumar                                    .....अपीलकताग /Appellant

                                    VERSUS/बनाम



 Public Information Officer Under RTI,
 National Institute of Pharmaceutical Education &
 Research (Ministry of Chemicals & Fertilizers),
 Balanagar, Hyderabad-500037
 (Telangana).

                                                       ...प्रनतवािीगण/Respondents

Relevant facts emerging from appeal:

  RTI application filed on          :   24.07.2021
  CPIO replied on                   :   30.08.2021
  First appeal filed on             :   01.09.2021
  First Appellate Authority order   :   02.10.2021
  Second Appeal received at CIC     :   06.10.2021
  Date of Hearing                   :   18.10.2022
  Date of Decision                  :   18.10.2022


                   सूचना आयुक्त   : श्री हीरालाल सामररया
            Information Commissioner:    Shri Heeralal Samariya


  Information sought

:

The Appellant sought following information:
Page 1 of 5
• PIO furnished reply, vide letter dated 30.08.2021, as under:
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 01.09.2021.
• The FAA vide order dated 02.10.2021 held as under:
• Written submission has been received from the Appellant vide letter dated 13.10.2022 as under :
Page 2 of 5
• Written submission has been received from CPIO vide letter dated 11.10.2022 as under :
Page 3 of 5
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present Respondent: S. Vekateshwarulu.
Both the parties have filed their written submissions and same are taken on record for perusal.
The Appellant submitted that the relevant information has not been furnished by the Respondent till date.
The Respondent submitted that the requisite information as sought as already been provided to the Appellant. he further submitted that a Selection Committee consisting of five members had conducted the Skill Test as per requirement and on evaluation of performance of candidates, Committee made the certain observation which was placed on website.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their reply along with annexures, dated 13.10.2022, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Page 4 of 5
Commission has gone through the case records and on the basis of proceedings during hearing observes that the Appellant has sought information relating to skill test records in reference to non-teaching recruitment notification, in the interest of justice, Commission directs the PIO to provide an opportunity to the Appellant to inspect relevant information as sought in the instant RTI Application on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. Copy of documents, if desired, should be provided to the Appellant after the payment of the requisite fees as per RTI Act, 2005. However, no information should be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005.
Commission's directions should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO.
No further action lies.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 5 of 5