Central Information Commission
Mrgovind N Sarage vs Union Public Service Commission on 22 December, 2015
KS
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi110067
Decision No.CIC/CC/A/2014/002932/SB
Dated 23.12.2015
Appellant : Dr. Govind N Sarage,
D3205A, National Defence Academy
Khadakwasla, Pune411023.
Respondent : Central Public Information Officer,
Union Public Service Commission,
Dholpur House, New Delhi110 069.
Date of Hearing : 22.12.2015
Relevant dates emerging from the appeal:
RTI application : 24.09.2014
CPIO reply : 07.10.2014
First Appeal : 27.10.2014
First Appellate Authority(FAA)'s
Order : 18.11.2014
Second Appeal dated : 03.12.2014
ORDER
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1. Dr. Govind N Sarage filed an application dated 24.09.2014 under the Right to Information Act, 2005 before the Central Public Information Officer (CPIO), Union Public Service Commission (UPSC) seeking information on seven points relating to the post of Professor in the Department of Computer Science, NDA, Pune, including (i) copies of the criteria and modalities adopted for shortlisting of the candidate for the post of Professor in Computer Science in NDA Pune, (ii) policy letter/ guidelines based on which the modalities and criteria have been adopted for shortlisting, (iii) attested copies of all noting sheets of the Recruitment file No.F1/286(12)/2011r.ii of Professor in Computer Science, NDA Pune, (iv) whether the teaching experience rendered during unqualified period in relevant subject was considered for the post, (v) whether the teaching experience rendered without UGC pay scale was considered for the post and (vi) inform that the teaching experience rendered on contract basis/purely temporary basis with consolidated salary without UGC pay scale with the condition that the candidate cannot claim any permanency on the basis of the services rendered was considered for the post.
2. The CPIO vide letter dated 07.10.2014 had provided information relating to item nos. 1, 2 & 3 of the RTI application.
3. The appellant filed the second appeal dated 03.12.2014 before the Commission on the grounds that the information provided to him was incomplete and he should be provided information sought by him.
Hearing:
4. The appellant Dr. Govind N Sarage did not participate in the hearing despite notice and the respondent Ms. Indrani Gupta, Deputy Secretary & CPIO and Shri Vijay Kumar, Under Secretary were present in person.
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5. The respondent submitted that the information was provided to the appellant vide letter dated 07.10.2014. The respondent submitted that attested copies of all the noting sheets of the concerned recruitment file No.F.1/286(12)/2011R.III) which cover information sought vide item nos. 1,2 & 3 of the RTI application were provided to the appellant. The respondent further submitted that information sought vide item nos.4, 5, 6 & 7, of the RTI application was hypothetical in nature and was not covered under the definition of information under section 2(f) of the RTI Act. The respondent further submitted that the FAA vide order dated 18.11.2014 had upheld the CPIO's reply dated 07.10.2014 and stated that item nos. 4, 5, 6 & 7 of the RTI application were hypothetical and related to the grievances of the appellant, the RTI Act cannot be used as a tool to redress the grievances, if any.
Decision:
7. The Commission finds no reason to interfere with the order of the First Appellate Authority dated 18.11.2014.
8. With the above observations, the appeal is disposed of.
9. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer 3 4