Central Information Commission
Shri Dayanand Kumar vs Union Public Services Commission ... on 19 March, 2010
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2009/00031 dated 11-2-2009
Right to Information Act 2005 - Section 19
Appellant: Shri Dayanand Kumar
Respondent: Union Public Services Commission (UPSC)
Decision announced: 19.3.2010
FACTS
By an application of 28.3.2008 Shri Dayanand Kumar of Boring Road, Patna applied to the CPIO, UPSC seeking the following information:
"Copy of the minutes of the Selection Committee of UPSC which met on 24.12.2007 to prepare the Select Lists of 2007 for promotion to the IPS Cadre of Bihar."
To this Shri Dayanand Kumar received a response from CPIO Ms. Richa Mishra, DS (AIS), UPSC dated 1-4-08 refusing information as follows:
"The Selection process of the Select List of 2007 has still not been completed. As such, a copy of the minutes of the Selection Committee Meeting held on 24.12.2007 to prepare the Select List of 2007 for promotion to the IPS of Bihar cadre can be provided only after the Commission approves the same."
Aggrieved Shri Dayanand Kumar moved an appeal on the same date i.e. 1-4-08 before Appellate Authority, UPSC with the following plea:
"That the appellant has not sought any information regarding any other selection process for promotion to IPS cadre of Bihar for the selection list of 2007 and question of providing a copy of Minutes of the meeting of Selection Committee of the UPSC held on 24.12.2007 is completely independent process and it is a recommendation body, which precisely got concluded on 24.12.2007 hence it is immaterial whether the selection process for the Selection list of 2007 for IPS of Bihar Cadre is completed or not 7.
That the appellant's specific prayer is to get a copy of minutes of meeting of selection committee of the UPSC dated 24.12.2007 which is complete and over."
Upon this Appellate Authority Shri M.P. Tangirala, JS (AIS) has in his speaking order of 4-6-08 found as follows:
"It is stated on record by the CPIO that the selection process is as yet incomplete, as the Minutes of the SCM held for the year 1 2007 have not yet been approved by the Commission. It is also separately noted section 5, 6 and 7 of the IPS (Appointment by Promotion) Regulations, 1955 lay down the Regulations governing the preparation of a list of suitable officers, consultation with the Commission, and select list. Admittedly, the approval of the Commission is necessary as according to section 7 (3) of these Regulations, the list as finally approved by the Commission shall form the Select List of the members of the State Police Service.
CPIO has also been able to produce copy of Central Information Commission's letter no. CIC/MA/A/2006/00546 dated 3rd August, 2006 addressed to Smt. Usha Kajagar, which inter alia states:
"...It is observed that the information sought for has been denied to on the ground that the selection process is as yet in compilation.
You are advised to seek the information after the completion of the selection process."
Under the circumstances, there is merit in the contention of the CPIO that the Minutes of the SCM held on 24th December, 2007 cannot be provided at this stage as the proceedings in this case have not yet attained finality. However, in view of the contentions raised in appeal, I feel it would be appropriate to direct the CPIO to inform the appellant of the fact their attaining finality within fifteen days of the approval of the Select List by the Commission under the Promotion Regulation, so that the appellant may seek any further information that he desires.' Appellant's prayer before the State Information Commission, Bihar in his second appeal is as follows:
"That the appellants specific prayer is to get a copy of minutes of meeting of selection committee of the UPSC dated 24.12.2007 of which the process is complete and over.
That the decision of the Appellate Authority refusing supply of copies of the information sought is not based on the standard of reasonableness of a restrictions and without assigning any reasonable cause, and thus the appellate authority may be saddled with cost of penalty as envisaged under the Act."
This appeal is transferred to this Commission through a letter of 21-8- 08 from the Registry of Bihar State Information Commission. The appeal was scheduled for hearing on 22nd February, 2010. None of the parties are present either in the NIC Studio, Pune or from the UPSC. When contacted on 2 the telephone, CPIO, UPSC Ms. Richa Mishra, DS (AIS) stated that she has not received the appeal notice. The hearing was, therefore, adjourned to 22nd March, 2010 at 4.00 p.m. Both the parties were informed accordingly.' The appeal was heard with arrangement for video-conferencing on 19-3- 2010. The following are present.
Respondents Ms. Richa Mishra, DS (AIS) Although we have received a request for leave of absence on 18-3-10 from Shri Sunil Kumar, JS & Appellate Authority, the UPSC was represented by CPIO Ms. Richa Mishra, DS. Although informed of the date of hearing through our letter of 10-3-2010 appellant Shri Dayanand Kumar opted not to be present.
CPIO Ms. Richa Mishra presented written arguments which are as follows:
It is further stated that the Select List for promotion to the IPS of Bihar cadre for the year 2007 was finally approved vide Commission's letter dated 7.7.2009. A copy of the minutes of the SCM held on 24.12.2007 was provided to the appellant vide letter no. 14/3/2008-AIS dated 7.12.2009 after applying severability clause to the portion of the minutes dealing with 'overall relative assessment', under section (10) of the RTI Act, 2005. Thus the instant appeal has become infructuous as the cause of grievance of the appellant has ceased to exist."
DECISION NOTICE The request of Shri Dayanand Kumar in his application of 28-3-2008 was for a copy of the minutes of the Selection Committee of the UPSC and not for the decision of the UPSC. Therefore, the issue as to when the process of drawing up the minutes of the Selection Committee was complete could be an addition. However, as pointed out by CPIO in her written contention a copy of the minutes of the SCM held on 24-12-07 has already been provided to appellant Shri Dayanand Kumar. The present appeal, therefore, having become infructuous there is no purpose in our ruling upon this issue. The information sought by appellant Shri Dayanand Kumar having been provided to him there remains no substance in this appeal which is hereby dismissed.3
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 19.3.2010 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Pankaj K.P. Shreyaskar) Joint Registrar 19-3-2010 4