Central Information Commission
G S Sandhu vs Department Of Personnel & Training on 27 February, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Appeal No. CIC/SB/A/2016/000668/MP
Appellant : Shri G.S. Sandhu, Delhi
Public Authority : 1) Indian Council of Medical Research, New Delhi
2) DoPT, New Delhi
Date of Hearing : February 20, 2017
Date of Decision : February 20, 2017
Present:
Appellant : Present - at CIC
Respondent : Shri Raju Saraswat, US from DoPT and Shri R.S. Pillai,
SO, Shri V.C. Dey, Asstt from ICMR - at CIC
RTI application : 10.08.2015
CPIO's reply : 11.09.2015
First appeal : 14.10.2015
FAA's order : NA
Second appeal : 29.03.2016
ORDER
1. Shri Girish Prasad Gupta, the appellant, sought information on various points relating to O.M. No. 36012/2/96-Estt dated 02/07/1997 issued by DoPT regarding roster for cadre having 13 posts reserved for SC, ST and OBC employees viz., whether the point for Scheduled Tribe category could be filled up by the general category employee; etc through eight points and six sub points.
2. The CPIO informed the appellant that information sought by the appellant in his RTI application was in the nature of seeking clarifications which the CPIO was not mandated to resolve under the RTI Act, 2005 and that the appellant should refer to the O.M. in question which is self-explanatory while intimating that point 3 of the RTI application on whether the SOUGHT post can be filled by general category employees was under consideration. Dissatisfied, the appellant approached the FAA stating that information furnished to him by the CPIO was not clear and the said O.M. of the DoPT did not clarify the issue raised by him in his RTI application and therefore, requested the FAA to furnish a point wise reply to his application. Having not received any response from the FAA within the stipulated time period, the appellant came in appeal before the Commission stating that he was not provided a relevant reply by the CPIO and requested the Commission to direct the CPIO & FAA of the DoPT and ICMR to furnish him the requisite information/documents.
3. The matter was heard by the Commission. The appellant stated that he was not satisfied with the information provided as the reply given to him was not relevant to the information sought by him. He particularly sought the calculation sheet on the basis of which the 13 point roster was issued.
4. The respondent stated that they had provided a point wise response to the RTI application mentioning that in some of the points he had raised queries which were in the nature of seeking clarifications and also that they had provided the relevant OM dated 2.7.1997 to the appellant which was self explanatory and had also intimated the appellant that the roster for small cadres having less than 14 posts had been prescribed by the OM in question i.e. dated 2.7.1997. They reiterated that no other specific material information was available with them. The respondents further stated that as regards the clarifications sought by the appellant as to whether the ST point could be filled up by general category employees, the matter was under consideration with ICMR. They added that the ICMR had consulted the National Commission for Scheduled Castes who would be giving their decision.
5. On hearing both the parties, the Commission directs the ICMR to enable the appellant to inspect the file relating to the calculations made, if any, for 13 point roster on a mutually convenient date and time along with the review of SC/ST roster of 2010 of ICMR within fifteen days of the receipt of the order of the Commission. The appellant appears to be having a grievance about the implementation of the roster and may like to represent at the appropriate forum. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to:
The Central Public Information Officer The First Appellate Authority Department of Personnel & Training, Deptt of Personnel & Training Establishment (Reservation-I) Section, Estt (Reservation) Division North Block, New Delhi-11001 North Block, New Delhi-11001 The Central Public Information Officer The First Appellate Authority Indian Council of Medical Research, Indian Council of Medical Research, V. Ramalingaswami Bhawan, V. Ramalingaswami Bhawan, Ansari Nagar, New Delhi- 110029 Ansari Nagar, New Delhi- 110029 Shri G.S. Sandhu 218, Pocket 1& 2, Sector 3 Near DPS School, Dwarka, New Delhi-110075