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Central Information Commission

Mr. Ramesh Chandra vs Ministry Of Home Affairs on 9 October, 2013

                       Central Information Commission
            Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                    Bhikaji Cama Place, New Delhi­110066
                   Web: www.cic.gov.in Tel No: 26167931

                                              Case No. CIC/SS/A/2013/0000271
                                                            Dated: 09.10.2013

Name of Appellant                :      Shri Ramesh Chandra

Name of Respondent               :      Directorate of Forensic Science
                                        Services, New Delhi.

Date of Hearing                  :      18.09.2013

                                     ORDER

Shri Ramesh Chandra, hereinafter called the appellant, has filed the present appeal dated 22.12.2012 before the Commission against the respondent Directorate of Forensic Science Services (DFSS), New Delhi for not providing satisfactory information in response to his RTI-application dated 30.8.2012. The appellant was present whereas the respondent were represented by Dr. R.M. Tripathi, SSO (FS) and Shri Yoginder Kumar, A.O.

2. The appellant through his RTI application dated 9.5.2012 sought information on the following fifteen queries: "(1) What action was taken in his representations dated 16.7.2012 and 7.8.2012; (2) As per restructuring of posts of CSSL, Chandigarh and Shimla unit vide DFSS OO No. DFSS/15(16)/2011 dated 14.12.2011. The posts were available at Shimla than why his transfer was done at Kolkata; (3) What was the reasons of his frequent transfer to Shimla, Chandigarh, Kolkata and again Shimla within two years, whereas other are staying in Chandigarh more than 12 years; (4) As per restructuring Chandigarh and Shimla, why ACIO1(Doct) was not shifted at Shimla, whereas only one post 2 Case No. CIC/SS/A/2013/000271 is available at Chandigarh and 2 ACIO-I(DOC) were working at Chandigarh; (5) Have you considered the guidelines of GOI in transfer in his case being SC candidate; (6) As per order of DFSS one Unit of GEQD in phase manner was shifted to Chandigarh in 2001, why in 11 years 2nd unit was not shifted at Chandigarh; (7) Provide action taken against Mr. Abhimanyu Kumar, AGEQD in Chandigarh case in 2007, whereas DFSS formed a 3 members committee for re- examination. The Committee has given the report opposite to the report of Mr. A. Kumar; (8) In 2010 in a Chandigarh Police case one more complaint alleging Mr. A. Kumar of taking 3 lakh as a bribe. The same case was examined by 2 experts Mr. M.C. Joshi and A. Kumar. Have you taken any action against him or formed any enquiry committee; (9) After repeating complaint of Mr. A. Kumar, AGEQD, why he was not transferred from Chandigarh. In case any problems of health to his family member, than medical facilities are available in every cities; (10) How many days stay of Mr. Yoginder Kumar, SO during his posting at CFSL, Chandigarh after 2009; (11) How many days leaves taken by Mr. Yoginder Kumar, SO from CFSL, Chandigarh after 2009; (12) How many days tour taken by Mr. Yoginder Kumar, SO, from CFSL, Chandigarh after the year 2009 and where; (13) Where was the residential address during the posting of Mr. Yoginder Kumar, SO at CFSL, Chandigarh after 2009; (14) How many days work done by Mr. Yoginder Kumar at new CFI, Guwahati and give the number of days of leave taken from Guwahati; and (15) Mr. Yoginder Kumar has come in DFSS from JALBOARD, this is violation of rule and a Committee (formed by DFSS) has also given a report. Then why he was not sent back to JALBOARD ". The CPIO vide letter No. 16(5)/2012/1882 dated 17.10.2012 transferred the Queries No. 8 and 10 to 13 to the CPIO, CFSL, Chandigarh and Point No. 14 to the CPIO, CFSL, Guwahati and on remaining queries the CPIO provided point-wise reply to the appellant. The CPIO, CFSL, Chandigarh vide his letter dated 8.11.2012 denied information in respect of Shri Yoginder Kumar, AO, being third party information and CPIO, CFSL, Guwahati vide his letter dated 16.1.2013 denied information in respect of Shri Yoginder Kumar under the provisions of Section 8(1)(j) of the RTI Act.

3. However, aggrieved with the reply of the CPIO, the appellant filed first appeal on 19.10.2012 before the FAA/DFSS. The FAA/DFSS vide order No. DFSS 16(5)/2012-2022 dated 5.11.2012 concurred with the reply of the CPIO.

4. Thereafter the appellant filed his present appeal before the Commission.

5. Having considered the submissions of the parties, the Commission hereby directs the CPIO, DFSS, New Delhi as follows:

Query No. 1: Communicate the action taken on appellant's representations;

Queries No. 2 to 5: Relating to appellant's frequent transfer, the CPIO to provide reasons for his frequent transfers as recorded in file; Query No. 9: Provide reasons to the appellant for not transferring Shri A. Kumar, who has been stationed at Chandigarh for more than 12 years; Query No. 15: The CPIO to provide file notings regarding decision taken by the competent authority, if any on the subject.

5.1 The CPIO, DFSS, New Delhi has transferred Point Nos. 8 and 10 to 13 to the CPIO, CFSL, Chandigarh and Point No. 14 to the CPIO, CFSL, Guwahati.

The Commission is of the view that the information as sought for by the appellant on these points of his RTI application cannot be termed as personal information of Shri Yoginder Kumar, SO, provisions of Section 8(1) (j) of the RTI Act are not attracted. The CPIO, CFSL, Chandigarh is hereby directed to provide information in reply to Point No. 8 and Point No. 10 to 13 of the RTI application to the appellant. The CPIO, CFSL, Guwahati is hereby directed to provide information on Point No. 14 of the RTI application.

Directions of the Commission are to be complied with by the respective CPIOs within two weeks of receipt of this order.

The matter is disposed of on the part of the Commission with above directions/observations.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri Ramesh Chandra, House No., 704, Sector 36-B, Chandigarh.

The CPIO, Directorate of Forensic Science Services, Block No. 9, 8th Floor, CGO Complex, New Delhi-110003.

The Chief Forensic Scientist & FAA, Directorate of Forensic Science Services, Block No. 9, 8th Floor, CGO Complex, New Delhi-110003.

The CPIO, Directorate of Forensic Science Services, Central Forensic Science Laboratory, CFIs Complex, Sector 36-A, Chandigarh-160036.

The CPIO Directorate of Forensic Science Services, Central Forensic Science Laboratory, H. No. 16, Lachit Borphukan Path, Tetelia, P.O. Gotanagar, Guwahati-781033.