Central Information Commission
Mrdeepakkumar vs Staff Selection Commission on 3 April, 2014
Central Information Commission
Room No.306, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
File No. CIC/SM/A/2013/900893/SS
3.4.14
Name of the Appellant : Shri Deepak Kumar
Name of Respondent : Staff Selection Commission
Date of Hearing : 3.4.14
ORDER
Shri Deepak Kumar, hereinafter called the appellant, has filed the present appeal dated 22.5.13 before the Commission against the respondent Staff Selection Commission for not providing requisite information as sought in his RTI application dated 11.2.13 despite the order of the FAA. The appellant was present during the hearing whereas respondent was represented by Shri G. Nayak, Under Secretary.
2. The appellant has appeared for Computer Proficiency Test in respect of CGL Exam 2012. Through the said RTI application he requested to know the marking or evaluation scheme/methodology/procedure under which he had been awarded '000' marks in a particular module of the said test. He has also requested to know how a score of '000' marks has been arrived at or calculated in the said module of the test, alongwith an evaluated and signed copy of his performance sheet.
3. Appellant has filed a first appeal under Section 19(1) of the RTI Act vide his letter dated 25.3.13 which was disposed of the FAA vide his order dated 9.5.13. FAA has observed in his order that the RTI application in question was sent to Shri Satya Prakash, CPIO who is closely related to the subjectmatter and Shri Satya Prakash was directed to provide the requisite information immediately to the appellant.
4. Said CPIO was not present during the hearing.
Appellant submits during the hearing that the orders of the FAA have not been complied with. Respondent submits that at present, he is not the CPIO and the FAA's order are to be complied with by Shri Satya Prakash who was the CPIO at that period and not by him. However, no satisfactory reason came from him as to why the said CPIO was not present during the hearing.
5. Insofar as the information sought is concerned, Commission directs Shri Satya Prakash, CPIO to provide the information within 7 days of receipt of this order. However, the disclosure of the names of the examiner is exempt from disclosure. It would be profitable to allude to the judgment of the Apex Court in Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi, (2012) 13 SCC 61 wherein the Court has referred the case of Central Board of Secondary Education & Anr. v. Aditya Bandopadhyay & Ors. [(2011) 8 SCC 497] and held as follows:
Declaration of collective marks to the candidate is one thing and that, in fact, has been permitted by the authorities as well as the High Court. We see no error of jurisdiction or reasoning in this regard. But direction to furnish the names and addresses of the interviewers would certainly be opposed to the very spirit of Section 8(1)(g) of the Act.
Marks are required to be disclosed but disclosure of individual names would hardly hold relevancy either to the concept of transparency or for proper exercise of the right to information within the limitation of the Act.
Since the names of the examiner are exempt from disclosure, Shri Satya Prakash, CPIO, while supplying the information, is directed to follow the procedure as prescribed in Section 10 of the RTI Act in respect of names of the examiner.
Further since, Shri Satya Prakash, CPIO has failed to adhere to the timelimit prescribed for providing the information, Commission directs him to show cause as to why the penalty for the delay is not to be imposed on him. Commission would hear the matter again on ____________ at _________hrs.
(Sushma Singh) Chief Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar Address of the Parties:
1. Shri Satya Prakash CPIO, Staff Selection Commission, Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110 003.
2. The US (CI/1) & CPIO Staff Selection Commission, Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110 003.
3. Shri Manab Ray, Deputy Secretary & FAA, Staff Selection Commission, Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions, Block No. 12, CGO Complex, Lodhi Road, New Delhi - 110 003.
4. Mr. Deepak Kumar, House No. 335, Jatav Mohalla, Tughlakabad Village, New Delhi - 110044.