Central Information Commission
Mr.J P Singhal vs Ministry Of Home Affairs on 26 February, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/WB/A/2009/000127
Name of Appellant : Sh. J. P. Singhal
Name of Respondent : M/o Home Affairs
Background
Sh. J. P. Singhal, the Appellant had filed an RTI application dated 15.07.2008 sought following information from the CPIO, M/o Home Affairs :-
"A). Copies of office memorandum issued by MHA, Govt. of India, New Delhi vide which MHA decided the request application dated 26.09.2007, 12.12.2007, 17.12.2007, 26.12.2007 and 23.02.2008 of Sh. Shard Singhal, IPS(P)-59R.
B). Copies of noting accorded by Official/Officer of MHA & DOPT of noting pages/sheet of the file in which MHA, Govt. of India, New Delhi has decided the request application dated 26.09.2007, 12.12.2007, 17.12.2007, 26.12.2007 and 23.02.2008 of Sh. Shard Singhal, IPS(P)-59R.
C). Copy of noting recorded by MHA, Govt. of India, New Delhi DOjPT Govt. of India on the noting pages/sheet of the file in which MHA Govt. of India canalled the candidature of Sh. Byomkesh Padipta Kumar Panda (Rank no. 53-CSE-2006) and written to DOPT for upgradation of service allocation list of IPS(CSE-2006). D). Copy of noting recorded by MHA Govt. of India, New Delhi & DOPT Govt. of India, New Delhi on the noting pages/sheet o the file in which MHA Govt. of India recommended to cancel candidature of the candidate (CSE-2007). Sh. C. Sudhakar (Rank No. 199), Ms. Samriti Goel (Rank No. 158), Sh. Sharad Singhal (Rank No. 64). Sh. Vidhi Kumar Vidhi (Rank No. 328) and Sh. Pawan Kumar (Rank No. 102). E). Copy of office memorandum issued to candidates to cancel the candidature of IPS candidates (CSE 2007) the who has not join the basic training on the basis of CSE- 2006.
F). Copy of noting recorded by MHA, Govt. of India and DOPT on the noting rages/sheets of the file in which it has been decided by MHA in consultation with DOPT to cancel the candidature of IPS candidates (CSE-2006) who has not joined the basis training.
G). Copy of the office memorandum issued vide which MHA, Govt. of India ins consultation with DOPT has decided to allocate cadre (State) to the IPS candidate on CSE-2006 who has joined the basic training (CSE-2006). H). Copy of noting recorded by official / officer by MHA & DOPT on the pages/sheets of the file in which it has been decided to allocate cadre to IPS candidates (CSE-2006) who has joined the basic training."
Sh. B. K. Sahu, Director(Pers)/CPIO, vide his letter dated 22.08.2008 denied desired information on the ground that the disclosure of information may disproportionately divert the resource of Public Authority. Aggrieved with the decision of the CPIO, the Appellant filed a first appeal before the First Appellate Authority (FAA). Sh. V. N. Gaur, Jt. Secretary (Police)/ FAA vide his order dated 22.10.2008, upheld the decision of the CPIO. Hence, this present appeal before the Commission.
2. The matter was heard on 18.11.2009.
3. Sh. J. P. Singh, the Appellant was present.
4. Sh. B. K. Sahu, MHA, Sh. Rajinder Kumar, MHA and Smt. Inderjeet Kaur, Director (Police) represented the Respondent Public Authority.
After hearing the parties and on perusal of the documents the Commission finds that the Appellant had sought specific information relating to a specific period and most of the documents sought for are public documents. The Commission is of the considered view that disclosure of certain information will not disproportionately divert the resource of the Public Authority. Hence, the order of the Respondent are set aside and the CPIO is hereby directed to provide following information to the Appellant,:-
1. On point A of the RTI application:- The copies of the Office memorandum issued by MHA, vide which MHA decided the request application dated 26.09.2007, 12.12.2007, 17.12.2007, 26.12.2007 and 23.02.2008 of Sh. Shard Singhal, IPS(P)-59R.
2. On point no. B of the RTI application:- file notings regarding the disposal of request application dated 26.09.2007, 12.12.2007, 17.12.2007, 26.12.2007 and 23.02.2008 of Sh. Shard Singhal, IPS(P)-59R, may be provided to the Appellant.
3. On point no. C & D of the RTI application:- The desired information need not be disclosed, as the same is related to a third partiy.
4. On point no. E of the RTI application:- A copy of the Office memorandum issued to the candidates canceling the candidature of the IPS Candidate (CSE-07) who had not jointed the basic training on the basis of CSE-06 may be provided to the Appellant.
5. On point no. F of the application:- The concerned Files noting may be provided to the Appellant.
6. On point no. G of the application:- The desired office memorandum may be provided to the Appellant.
7. On point no. H of the application:- The desired file notings may be disclosed to the Appellant.
The order of the Commission may be complied within 15 days of receipt of this order.
With this order the mater is disposed of.
Copy of the order be given free of cost to the parties.
(Sushma Singh) Information Commissioner 26.02.2010