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[Cites 7, Cited by 0]

Central Information Commission

Pawan Kumar Singh vs C-Dot on 19 June, 2025

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                के न्द्रीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ मागग, मुननरका
                       Baba Gangnath Marg, Munirka
                        नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/CADOT/A/2024/618934.

Shri. Pawan Kumar Singh.                                         ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO,                                                         ...प्रनतवािीगण /Respondent
Centre for Development of Telematics.


Date of Hearing                          :    16.06.2025
Date of Decision                         :    16.06.2025
Chief Information Commissioner           :    Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :          24.01.2024
PIO replied on                    :          28.02.2024
First Appeal filed on             :          07.03.2024
First Appellate Order on          :          NA
2ndAppeal/complaint received on   :          07.05.2024

Information sought

and background of the case:

The Appellant filed an RTI application dated 24.01.2024 seeking information on following points:-
"I am writing to request information under the Right to Information Act, 2005. I am seeking details related to the promotion from E2 to E3 in PCM(64-65, 66-67, 68-69) at C-DOT. Specifically, I am interested in the following information:
1. My(Pawan Kumar Singh, Staff No. 5419) Total marks, segregated marks, and cutoff marks for promotion from E2 to E3 in PCM(64-65, 66-67, 68-69) for the respective years.
2. The criteria or formula used for deciding the cutoff marks for promotion from E2 to E3 in PCM(64-65, 66-67, 68-69).
3. If any of the information requested is classified or cannot be disclosed, please provide reasons for the same as per the provisions of the RTI Act. I request you to kindly furnish the above information at the earliest, and within the stipulated time frame as per the RTI Act."

The CPIO, vide letter dated 28.02.2024 replied as under:-

"Reply: You have shown interest in seeking information about promotions. You are requested to Remarks kindly be specific in seeking information"

Page 1 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.03.2024.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Present in person.
Respondent: Mr. Abhishek Praharaj, Advocate and Cdr. Alex Lilly Mary (Retd)/CPIO- participated in the hearing.

The Appellant stated that the information sought relates to his promotion and same has been wrongly denied by the PIO on frivolous grounds. He stated that he has sought information related his total marks, segregated marks, and cutoff marks for promotion from E2 to E3 but the same has not been furnished to him till date. He averred that the criteria for deciding the cutoff marks for promotion from E2 to E3 has not been disclosed to him by the PIO.

The Respondent stated that the queries raised by the Appellant is not specific and he has not mentioned relevant relating to which he has sought information. Furthermore, the marks of the Appellant has been disclosed to him and he has already got promotion.

Decision:

Commission, after perusal of case records and submissions made during hearing, observes that the Appellant has sought information related to his marks and cut off for promotion from E2 to E3 in PCM(64-65, 66-67, 68-69) at C-DOT and criteria adopted for deciding the cut off marks for promotion from E2 to E3 in PCM(64-65, 66-67, 68-69) at C-DOT. Commission is of the considered opinion that in order to ensure fair and transparent procedure for promotion of staff/employees and in the interest of justice, the information related to cut off marks for promotion, guidelines/parameters or method adopted for deciding the cut off marks and marks obtained by an individual employee should be disclosed to the concerned employee. Accordingly, the PIO is directed to revisit the instant RTI Application and provide a revised reply with respect to point No. 1 and 2 of the RTI Application along with necessary annexures if any , as available in their records, with regards to the instant RTI Application, to the appellant, free of cost via speed post, within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. In doing so PIO must ensure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the Appellant and same must be redacted under section 10 of the RTI Act, 2005 prior to the said disclosure.
Page 2 The Commission also deems this a fit case to strongly recommend the Respondent- PIO to take necessary steps for suo motu disclosure of maximum information on their website, in compliance of the provisions of Section 4 of the RTI Act in order to promote transparency and accountability in functioning of the public authority. It is an admitted fact that the Respondent is duty bound by virtue of the provisions of Section 4 of the RTI Act to publish details relating to service matters viz, information regarding recruitment and promotion etc on its website so that the public have minimum resort to the use of the RTI Act to obtain the information. Accordingly, the Respondent public authority is advised to place the information related to promotion of their staff/employees viz, cut of marks for promotion, guidelines/parameters or method adopted for deciding the cut off marks and list of final selected candidates/employee who have got promotion, in public domain as per the provisions of section 4 of the RTI Act on their official website. While proactively disclosing the information mentioned above, due caution should also be exercised by the Respondent to strictly adhere to the provisions of the RTI Act and redact any information which falls under the purview of the Section 8 and 9 of the RTI Act.
Appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
1. It is recommended to publish following information or following categories of information in compliance with section 4(2) of the RTI Act, 2005- Info. regarding recruitment, promotion etc should be uploaded on website Powered by TCPDF (www.tcpdf.org)