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Pradip Kumar Singh vs National Scheduled Castes Finance And ... on 25 January, 2024

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                    के   ीयसूचनाआयोग
                           Central Information Commission
                                 बाबागंगनाथमाग , मुिनरका
                           Baba Gangnath Marg, Munirka
                             नई द ली,
                             नई द ली New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/NSCDC/A/2022/153923

Shri Pradip Kumar Singh                                         ... अपीलकता /Appellant
                                    VERSUS/बनाम

PIO, National Scheduled Castes Finance and                  ... ितवादीगण /Respondent
Development Corporation

Date of Hearing                          :   25.01.2024
Date of Decision                         :   25.01.2024
Chief Information Commissioner           :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :           17.05.2022
PIO replied on                    :           28.06.2022
First Appeal filed on             :           18.07.2022
First Appellate Order on          :           18.08.2022
2ndAppeal/complaint received on   :           18.11.2022

 Information sought

and background of the case:

The Appellant filed an RTI application dated 17.05.2022 seeking information on 15 points, some of which are as under:-

"i. Please provide the copy of advertisement for which Ex- employee, Sh. Anil P.C. Raven was appointed against this vacancy of Advertisement in Personnel department. Also provide the note sheet note with all enclosures put up for approval to CMD for publishing Advertisement. Also, provide approval copy of approval of CMD for approval of his candidature/selection against the advertised post for Personnel department before bifurcation of NSFDC/formation of NSTFDC. ii. Please provide copy of note sheet/letter where Ex- employee Sh. Anil P.C. Raven was transferred from Personnel Cadre to Project cadre before bifurcation of NSFDC/formation of NSTFDC.

iii. Please provide the copy of joining report for which Ex- employee Sh. Anil P.C.Raven joined in Project department. Also copy of note sheet for which approval of CMD was obtained for his transfer from Personnel cadre to Project cadre before bifurcation of NSFDC/formation of NSTFDC.

iv.Had Sh. Anil P.C. Raven appointed then as per existing RPS Rules before bifurcation of NSFDC/ formation of NSTFDC?

v. How many various cadres are existing under NSFDC as per RPS Rules of NSFDC? Please specify the various cadres under RPS Rules of NSFDC? Also specify the various cadres of then existing RPS Rules before bifurcation of NSFDC/formation of NSTFDC.

Etc."

The CPIO, National Scheduled Castes Finance and Development Corporation (NSFDC) vide letter dated 27.05.2022 stated that the RTI application pertained to both NSFDC and NSTFDC. Hence, the application was transferred u/s 6 (3) to NSFTDC and for information pertaining to NSFDC it was stated that the same would be provided soon.

The CPIO, NSTFDC vide letter dated 22.06.2022 informed the Appellant that information sought by him does not pertain to NSTFDC.

Thereafter the CPIO, NSFDC vide letter dated 28.06.2022 replied as under:-

उपरो त वषयांतगत इस नगम के संद भत प वारा आप को . 72/- का अ त र त श# ु क इस नगम को अदा करने के लए स'ू चत )कया गया था। इस संबध ं म. आपके प /दनांक 24.06.2022 वारा इस नगम को तीन आईपीओ के मा3यम से रा श . 80/- का अ त र त श# ु क 4ा5त हुआ है ।

2) उ त को 3यान म. रखते हुए आपके आवेदन /दनांक 17.05.2022 के संबध ं म. इस नगम से संब'ं धत जानकार: आव;यक द<तावेज= स/हत सच ू नाथ भेजी जा रह: है ।

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.07.2022. The FAA, NSTFDC vide order dated 18.08.2022 held as under:-

"2. The requested information, as available, was sought from concerned department. Information/data as provided by the concerned department is attached herewith."

The annexure attached with the FAA furnished paragraph wise information.

The FAA, NSFDC passed an order dated 24.08.2022, upon examining the detailed reply of the PIO, NSFDC.

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

Facts emerging in Course of Hearing:

Hearing was scheduled after giving prior notice to both the parties.

Appellant: Present Respondent: Smt. Annu Bhagat - CPIO, NSFDC was present during the hearing.

Both parties are present during the hearing and the Appellant alleged that information provided to him was not complete since the Respondent had merely referred to Rules without providing clarifications as sought in the queries. The Respondent submitted that information available on record in the official records had been duly furnished to the Appellant, in terms of the provisions of the RTI Act.

Decision:

Upon perusal of records of the case and hearing the averments of the parties, the Commission is satisfied that the Respondent has furnished appropriate information available on record with them, as defined under Section 2(f) of the RTI Act, in terms of provisions of the RTI Act. In so far as clarifications sought by the Appellant are concerned, it may be well reminded that the RTI Act does not cast any obligation on the Public Authorities to communicate any clarification or justification to the citizen since justifications are matter within the domain of adjudicating authorities and do not fall within the ambit of information, as defined under the RTI Act.

In the given circumstances, no further action is deemed necessary in this case, under the RTI Act.

The appeal is disposed off accordingly.

Heeralal Samariya (हीरालालसाम रया) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3