Central Information Commission
Mrsbaijayantisahu vs Department Of Administrative Reforms & ... on 10 August, 2015
CENTRAL INFORMATION COMMISSION
CLUB BUILDING (NEAR POST OFFICE)
OLD JNU CAMPUS, NEW DELHI110067
Decision No.CIC/DS/A/2013/902701/SB/
Appeal No.CIC/DS/A/2013/902701/SB
Dated: 10.08.2015
Appellant: Mrs. Baijayanti Sahu,
Flat No. 124, DDA LIG Flat,
Ph1, Pocket 13, Dwarka
New Delhi.
Respondent: Central Public Information Officer,
Deptt. of Admn. Reforms & PG,
Patel Bhawan, Patel Chowk, Parliament Street,
New Delhi - 110001.
Date of Hearing: 10.08.2015
ORDER
1. Mrs. Baijayanti Sahu, filed an application under the Right to Information Act, 2005 (RTI Act) on 12.10.2013 with the CPIO, DAR&PG, New Delhi seeking information on the following points:
1. Is it a statutory duty for a gazetted officer to attest any true copy of certificate, testimonial.
2. Can a gazetted officer refuse to attest true copy of the certificate/testimonial?
3. Is it the responsibility of a gazetted officer to attest any true copy of certificate, testimonial.
4. What is the procedure followed by a gazetted officer to attest any true copy of certificate, testimonial etc.
5. Is there any penal or administrative provision against a gazette officer, if he refuses to attest true copies of certificates, testimonials?
6. Can a gazetted officer be approached at his residence for attestation.
7. Can a gazetted officer demand money for attestation.
8. Can a gazetted officer refuse to attest documents on the ground that he has not been given seal/stamp.
9. Can a Doctor (Government Servant) demand money for attestation?
10. Whether any circular has been issued by Government while any person approaches him for attestation or witness/ attest his signature.
11. Whether the above rules is applicable for state level gazetted officer.
12. Any other information so gazetted officer do not refuse to attest the document to any citizen.
2. Since no response received from the CPIO, the appellant filed the first appeal dated 12.10.2013 before the FAA. The appellant filed the second appeal dated 02.11.2013 before the Commission.
Hearing:
3. The appellant was not present despite notice. Shri Anurag Srivastava, CPIO and Dy.
Secretary and Shri AK.Sawhney, Under Secretary, DoPT were present in person. The respondent submitted a written submission.
4. The respondent submitted that the CPIO had vide email dated 21.10.2013 informed the appellant that Chapter III of Central Secretariat Manual of Office Procedure (CSMOP) gives functions of various functionaries in Government of India. The appellant was further informed that CSMOP does not provide specific duties of the persons holding a Gazetted Post. The appellant was also informed that soft copy of the same is available on the official website of the Department. The respondent further submitted that there are no separate guidelines regarding attestation of documents by a gazetted officer. The respondent further submitted that FAA vide his order dated 01.11.2013 upheld the decision of the CPIO.
Decision:
5. The Commission observes that information as available with the Department has been provided to the appellant. In view of this, there are no grounds to interfere in the matter.
6. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy.
(V.K. Sharma) Designated Officer