Central Information Commission
Shri Jag Mehar Singh vs Dep’T. Of Personnel & Training (Dopt). on 9 January, 2009
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01163 dated 18.11.2007
Right to Information Act 2005 - Section 19
Appellant - Shri Jag Mehar Singh
Respondent - Dep't. of Personnel & Training (DoPT).
Facts:
By an application of 15.5.07 Shri Jag Mehar Singh of Munirka, New Delhi applied to the CPIO / US (AIS) DOPT seeking the following information:
"You are requested to kindly give the following information on priority basis please:
1. Is it right to select a Physically handicapped person while the post was advertised under Special Recruitment Drive for SC/STs.
2. Is it not correct to say that exemption from Typing Test is only be given if the post is advertised under "Physically Handicapped Category"
3. Provide copies of the orders which indicate the provisions of exemptions from typist test if the post was not advertised under Physically Handicapped Category.
4. Copies of the orders regarding procedure of exemption from typing test to the candidates selected against physically handicapped advertisements."
To this he received a consolidated reply from Shri AA.K. Cashyap US, DOPT as follows:
"1 to 4 Person with disability who also happens to be SC/ST can apply for the vacancies advertised under Special Recruitment Drive to fill the backlog reserved vacancies of SCs/STs, if the post has been identified suitable for them. All relaxations that are generally available to a person with disability will be available to them under Special Recruitment Drive for SC/ST also. Physically handicapped persons who are otherwise qualified to held clerical post and who are certified as being unable to type by the Medical Board attached to Special Employment Exchange for the Handicapped (or by a Civil Surgeon where there is no such 1 Board) may be exempted from passing the typing test. A copy of O.M. No. 14020/2/91-Est. (D) dated 29.9.92 is enclosed for information. This Division does not have any knowledge regarding issue of any other indicating the provisions of exemptions from typing test. If the post was not advertised under physically handicapped category or regarding procedure of exemption from typing test to the candidates selected against physically handicapped advertisement."
Complaining that the information provided is "irrelevant and incomplete", Shri Jag Mehar Singh moved a first appeal before Shri K.G. Verma, Dy. Secy. And appellate authority, DOPT on 22.6.07 upon which Shri K. G. Verma, Director ordered as follows:
"The CPIO has already furnished necessary information to the appellant.
The appeal is disposed of accordingly"
Appellant Shri Jag Mehar Singh's prayer before us in his 2nd appeal is as follows:
"relevant information i.e. certified copies and DoPT instruction about the questions as asked in the request may please be provide"
The appeal was heard on 9.1.2009. Only respondent Shri A. K. Cashyap, US is present. Appellant Sh. Jag Mehar Singh had been informed by Notice dated 17.12.2008 regarding the hearing but he has opted not to be present.
Attention of respondent was invited to sec. 7(9) of the Right to Information Act, 2005 which reads as follows:
Sec. 7(9) An information shall ordinarily be provided in the form in which it is sought...
The exceptions to the above are also specific, which do not apply in the present case. Upon his respondent Shri A. K. Cashyap explained that the answer which he has provided deals with each of the question as below:2
Q1 Person with disability who also happens to be SC/ST can apply for the vacancies advertised under Special Recruitment Drive to fill the backlog reserved vacancies of SCs/STs, if the post has been identified suitable for them.
Q2 All relaxations that are generally available to a person with disability will be available to them under Special Recruitment Drive for SC/ST also. Physically handicapped persons who are otherwise qualified to held clerical post and who are certified as being unable to type by the Medical Board attached to Special Employment Exchange for the Handicapped (or by a Civil Surgeon where there is no such Board) may be exempted from passing the typing test.
Q3 A copy of O.M. No. 14020/2/91-Est. (D) dated 29.9.92 is enclosed for information.
Q4 This Division does not have any knowledge regarding issue of any other indicating the provisions of exemptions from typing test. If the post was not advertised under physically handicapped category or regarding procedure of exemption from typing test to the candidates selected against physically handicapped advertisement."
He also showed us a copy of the OM referred to above, Para 8 of which clearly lays down as follows:
"8. Physically handicapped:
(a) Physically handicapped persons who are otherwise qualified to held clerical post and who are certified as being unable to type by the Medical Board attached to Special Employment Exchanges for the Handicapped (or by a Civil Surgeon where there is no such Board) may be exempted from passing the typing test.
(b) The term 'Physically handicapped persons" does not cover those who are visually handicapped or who are hearing handicapped but covers only those whose physically disability permanently prevents them from typing.
DECISION NOTICE 3 From the above it is clear that all points to which answers have been sought by appellant Sh. Jag Mehar Singh have been responded to. In case he finds that this means of recruitment is unfair to SC/STs, it is open to him to make a representation accordingly. However, we must agree that the information held by the public authority in this case, which is what a public authority is required to share u/s 2(j) has indeed been provided.
On the other hand we find that the rejection of the first appeal fails to examine the grounds cited by appellant for making the appeal and to provide reasons for the decision of the First Appellate Authority Shri Verma. The appeal has been rejected summarily somewhat brusquely which is unworthy of the appellate authority. With the above observations, this appeal, being without substance, stands dismissed.
Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 9.1.2009 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.
(Pankaj Shreyaskar) Joint Registrar 9.1.2009 4