Central Information Commission
Shri Nav Chetan vs Union Public Service Commission ... on 23 March, 2010
CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2009/000035dated: 16.02.'09
Right to Information Act- Section 18(1) (e)
Complainant: Shri Nav Chetan
Respondent: Union Public Service Commission (UPSC), New Delhi.
Decision announced 23.3.'10
Facts: -
The Commission has received a complaint from Shri Sunder Nav Chetan of Saharanpur, Uttar Pradesh that his request under RTI Act, 2005 submitted to the Central Public Information Officer, Union Public Service Commission, New Delhi, seeking information regarding DPC proposal for promotion to the grade of Under Secretary/ Dy. Director of Railway Board Secretariat Service, under process with UPSC, together with information regarding the policy or procedure followed by UPSC with regard to conducting of DPCs, has, although been responded to, but the desired information has been withheld by saying that, "(i) it is premature to furnish the information as the process for filling up vacancies is still under process (ii) under RTI act, only the material available on record and not opinion/views are to be provided and (iii) for information emanating from Ministry of Railways, they may be approached."
Admitting the complaint of Shri Sunder Lal under Section 18(1)(e) of RTI Act, 2005 the Commission served notice on 18.12.2010 on CPIO, Union Public Service Commission, New Delhi for furnishing comments on the complaint. In response, CPIO Shri K. S. Sampath, Under Secretary, AP-IV, UPSC submitted his comment on 04.01.2010 informing the Commission that "...the information asked for by Shri Nav Chetan vide his application dated 28.07.2009 was given to him vide CPIO's reply dated 19.08.2008. Shri Nav Chetan has, however, submitted his second appeal to the Hon'ble Central Information Commission without first exhausting the normal channel of appeal to the first appellate authority, UPSC." He has further informed that the DPC proposal for convening a meeting of the DPC to consider promotion to Grade I of RBSS on which information was sought by the applicant has still not attained finality and the 1 Commission do not share information on DPC proposals which have not attained finality.
Decision Notice Complainant Shri Nav Chetan, on not being provided with the desired information by the CPIO, could have preferred an appeal through the channel available to him u/s Section 19(1) of the Act, which has not been done in the present case, nor any argument presented as to why this recourse was not st taken. Because the 1 appellate authority has not addressed the questions of complainant, which are of direct concern to his public authority and the complainant has pleaded no ground for making a direct complaint before us, the Commission has decided to remand this complaint to the First Appellate Authority, Shri Jatinder Kumar, Joint Secretary (Apptts), Union Public Service Commission, New Delhi to dispose of the complaint of Shri Nav Chetan within ten working days of the date of receipt of this Decision Notice, treating it as an appeal u/s 19(1) of the RTI Act, , under intimation to Shri PKP Shreyaskar, Joint Registrar, Central Information Commission. If not satisfied with the information st provided on his 1 appeal, complainant Shri Nav Chetan will be free to move a nd 2 appeal before us as per Sec 19 (3).
Announced this twenty-third day of March 2010. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 23.3.2010 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.
(PK Shreyaskar) Jt. Registrar 23.3.2010 2 3