Central Information Commission
Shri Rakesh Kumar Sharma vs Staff Selection Commission (Ssc), New ... on 24 December, 2009
CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00835 dated: 18.08.'08
Right to Information Act 2005-Section 18(1) (e)
Complainant: Shri Rakesh Kumar Sharma
Respondent: Staff Selection Commission (SSC), New Delhi.
Decision Announced 24.12.'09
Facts:-
The Commission has received a complaint from Shri Rakesh Kumar Sharma of Karam Pura, New Delhi that his request under RTI Act, 2005 seeking information regarding marks obtained by him in Combined Graduate Level (Main) Examination, 2004 along with the cut-off marks fixed by the SSC for each category and post, submitted to Central Public Information Officer, Staff Selection Commission, New Delhi has not been responded to, even though the same was duly submitted along with the requisite fee on 21.02.2008. Moreover, no order has been passed by the appellate authority, SSC on his appeal u/s 19(1) of RTI Act filed on 09.04.2008.
Having admitted the complaint of Shri Rakesh Kumar Sharma u/s 18(1)
(b) of RTI Act, the Commission served notice on the CPIO and Appellate Authority, SSC, New Delhi on 19.10.2009 for furnishing their comments on the complaint. The appellate authority Shri Shiv Kumar Gandotra, Deputy Secretary submitted his comments on 05.11.2009 endorsing a copy also to complainant Shri Rakesh Kumar Sharma. The Appellate Authority has informed the Commission that the requested information has already been supplied to the complainant along with other information requested through another application under RTI on 18.11.2008 by the then appellate authority Ms. Gayatri Sharma on receiving the advance copy of appeal to CIC forwarded by the complainant to SSC. Shri Shiv Kumar Gandotra in his comments has also provided paper-wise marks of the complainant in respect of Combined Graduate Level Examination, 2004 which had been denied earlier on the ground of scarcity of sufficient man-
1power. No rejoinder has been received from the complainant on the comments submitted by the Appellate Authority.
Decision It is now clear from the comments submitted by the appellate authority that there has been a failure on the part of the CPIO, SSC in disposing the request of the complainant because nothing has been said regarding status of the application sent to the CPIO, Staff Selection Commission, New Delhi by the complainant. However, in the absence of any rebuttal from the complainant it may be presumed that the complainant is now satisfied with the information which has now been provided to him. In light of the above the present complaint is hereby closed. Further, the CPIO, SSC is hereby cautioned to be more careful in future while dealing with applications under RTI Act.
Announced this twenty fourth day of December 2009. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 24-12-2009 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.
(PK Shreyaskar) Jt. Registrar 24-12-2009 2