Central Information Commission
Mrdinesh vs Ministry Of Statistics & Programme ... on 10 August, 2016
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi-110066
website-cic.gov.in
Appeal No. CIC/MP/A/2016/000430
Appellant : Shri Dinesh, New Delhi
Public Authority : Ministry of Statistics & Programme
Implementation, New Delhi
Date of Hearing : 3rd August, 2016
Date of Decision : 10th August, 2016
Present
Appellant : Not present
Respondents : Shri A K Mishra, Director and Shri R N
Choudhary, Assistant Section Officer- present
at CIC
RTI application : 09.04.2015
CPIO's reply : 14.05.2015
First appeal : 18.05.2015
FAA's order : 24.06.2015
Second appeal : 10.08.2015
Information Commissioner : Manjula Prasher
ORDER
1. The appellant, Shri Dinesh, through his RTI application sought information regarding the engagement of manpower agencies for providing the staff (e.g. Senior and Junior Stenographers, Data Entry Operators, Messengers, Multi Tasking Staff, Office Superintendent etc.) on outsource basis during the period from 2007 to 2014, such as, names of the manpower agencies to whom the contract for providing manpower was allotted; copies of all the documents in relation to the allotment of contract; details of payment made by manpower agencies towards EPF, ESI, Service tax; names and designations of the officers involved in the process of award of contract CIC/MP/A/2016/000430 1 to manpower agencies; post-wise numbers of outsourced staff; security amount deposited by the outsource agencies; copies of file noting and correspondence pertaining to award of contract to manpower agencies and so on through eleven points.
2. The CPIO refused to provide the information on the ground that the information sought was voluminous in nature and was not centrally maintained and that the collection and compilation of such vast data would not be possible with the "financial and human resources" available with the public authority. Dissatisfied, the appellant preferred an appeal before the First Appellate Authority (FAA), who upheld the CPIO's reply, while observing that the information sought by the appellant was voluminous covering a long period of time and was also not specific, disclosure of which would disproportionately divert the resources of the public authority. The FAA cited the provisions of section 7(9) of the RTI Act, 2005. The appellant, however, did not receive the said order of the FAA and thus filed the present appeal before the Commission requesting disclosure of information sought by him.
3. The matter was heard by the Commission. The appellant was not present in spite of a notice of hearing having been sent to him. The respondents reiterated that the information sought by the appellant was voluminous in nature, disclosure of which would disproportionately divert the resources of the public authority. They cited section 7(9) of the RTI Act.
4. The Commission, however, observes that keeping in view the need for transparency and accountability, the respondents may provide information for three years on the points on which it is readily available with them e.g. the names of the CIC/MP/A/2016/000430 2 companies given the job of promoting outsourced employees sought, number of companies that participated in tender, the number of outsourced workers etc.
5. The Commission, therefore, directs the CPIO to revisit the appellant's RTI application and provide the information to the appellant which is readily available with the public authority, while keeping in view the provisions of the RTI Act, within twenty one days of receipt of this order. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Deputy Registrar Address of the parties:
Shri Dinesh C-101, Buddh Vihar Badarpur New Delh 110 044 The Central Public Information Officer M/o Statistics & Programme Implementation Sardar Patel Bhawan Sansad Marg New Delhi 110 001 The First Appellate Authority M/o Statistics & Programme Implementation Sardar Patel Bhawan Sansad Marg New Delhi 110 001 CIC/MP/A/2016/000430 3