Central Information Commission
Rajesh Rp vs Shree Chitra Triunal Institute For ... on 22 September, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File No. CIC/SCTMS/A/2021/630296
In the matter of:
Rajesh RP
... Appellant
VS
The CPIO,
Sree Chitra Tirunal Institute for Medical Sciences
and Technology (SCTIMST)
Medical College Campus, Poojapura
Thiruvananthapuram - 695011.
...Respondent
RTI application filed on : 19/04/2021 CPIO replied on : 05/05/2021 First appeal filed on : 08/06/2021 First Appellate Authority order : 01/07/2021 Second Appeal filed on : 15/07/2021 Date of Hearing : 22/09/2022 Date of Decision : 22/09/2022 The following were present: Appellant: Present over VC
Respondent: Dr Sajith S, CPIO, present over VC Information Sought The appellant has sought the following information:
1. Copy of Reservation roster for Staff Nurse (Temp.) as on 31-12-2019
2. Copy of Reservation roster for Staff Nurse (Temp.) as on 31-12-2020
3. Provide a copy of the approval, request received, note prepared and all other documents, with regard to the re-constitution of Reservation Cell vide P&A.I/X/75/SCTIMST/2020 dated 19/10/2020.
Grounds for filing Second Appeal The CPIO did not provide the desired information.
1Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that name of the candidates in the reservation rosters was not given.
The CPIO vide written submissions dated 18.09.2022 submitted that the appellant is an employee of the same public authority and was a member of the Reservation Cell of the Institute from 05.03.2019 to 20.05.2021. The Reservation Cell is vested with the responsibility of verification of vacancies (earmarked for reserved categories prior to calling for applications), accuracy and compliance of filling their vacancies from rank lists prepared for appointment and maintenance of documents.
As per his RTI request, the reservation roster from January 2018 to April 2020 was provided. The reservation roster of Staff Nurse (temporary) is maintained based on the rank list. The rank list is published with name and categories of candidates which they belong to and the same should be published on the website of the Institute ( i..e. in public domain).
As per provisions u/s 8(1)(j) of the RTI Act the name of employees in the roster was not provided in good faith by the then CPIO. He further stated that caste/reservation category need to be provided to prove the compliance to category reservation and its rotation. However, disclosing the names of the candidates along with the information on their caste/category through RTI would amount to breach of Sec 8(1)(j) of the RTI Act and there was no larger public interest justifying such disclosure in the reservation roster. He further submitted that the FAA while accepting the CPIO's stand had directed the appellant to approach the Reservation Cell for verification of the roster. This is in compliance with DoPT guidelines.
Further, the CPIO submitted that the appellant, without exhausting the available earmarked mechanisms for roster verification, inspite of advice from the FAA, has preferred to file an appeal before CIC resulting in a huge burden on the RTI mechanism from the CPIO to the CIC level.
Observations:
The Commission observed that the then CPIO had not claimed exemption u/s 8(1)(j) and merely enclosed the documents without specifying what information is being denied and under what grounds. Further, as per 2 submissions of the CPIO, the CPIO or FAA had directed the appellant to approach the Reservation Cell for verification of the roster. However, the content of the FAA's order only states an acceptance of the CPIO's reply. The written submissions and the previous replies are not on the same lines. However, as the current submissions explains the matter in detail and the appellant had not substantiated the public interest in disclosing the personal details of the third parties, no relief can be given breaching the privacy of the third parties.
Decision:
The CPIO is accordingly directed to send a copy of the written submissions dated 18.09.2022 to the appellant within 3 days from the date of receipt of the order. The CPIO instead of directing the appellant to approach the Reservation Cell for verification of the roster, is directed to send a categorical reply to the appellant guiding the appellant to the website where the information is avialable in compliance with the DoPT guidelines. Further, any document shall be given to him subject to the compliance with the provisions of Sec 8(1)(j) of the RTI Act within 7 days from the date of receipt of the order.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सूचना आयु!त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
3