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By an application of 28.3.2008 Shri Dayanand Kumar of Boring Road, Patna applied to the CPIO, UPSC seeking the following information:

"Copy of the minutes of the Selection Committee of UPSC which met on 24.12.2007 to prepare the Select Lists of 2007 for promotion to the IPS Cadre of Bihar."

To this Shri Dayanand Kumar received a response from CPIO Ms. Richa Mishra, DS (AIS), UPSC dated 1-4-08 refusing information as follows:

"The Selection process of the Select List of 2007 has still not been completed. As such, a copy of the minutes of the Selection Committee Meeting held on 24.12.2007 to prepare the Select List of 2007 for promotion to the IPS of Bihar cadre can be provided only after the Commission approves the same."

Aggrieved Shri Dayanand Kumar moved an appeal on the same date i.e. 1-4-08 before Appellate Authority, UPSC with the following plea:

"That the appellant has not sought any information regarding any other selection process for promotion to IPS cadre of Bihar for the selection list of 2007 and question of providing a copy of Minutes of the meeting of Selection Committee of the UPSC held on 24.12.2007 is completely independent process and it is a recommendation body, which precisely got concluded on 24.12.2007 hence it is immaterial whether the selection process for the Selection list of 2007 for IPS of Bihar Cadre is completed or not 7.
CPIO has also been able to produce copy of Central Information Commission's letter no. CIC/MA/A/2006/00546 dated 3rd August, 2006 addressed to Smt. Usha Kajagar, which inter alia states:
"...It is observed that the information sought for has been denied to on the ground that the selection process is as yet in compilation.
You are advised to seek the information after the completion of the selection process."

Under the circumstances, there is merit in the contention of the CPIO that the Minutes of the SCM held on 24th December, 2007 cannot be provided at this stage as the proceedings in this case have not yet attained finality. However, in view of the contentions raised in appeal, I feel it would be appropriate to direct the CPIO to inform the appellant of the fact their attaining finality within fifteen days of the approval of the Select List by the Commission under the Promotion Regulation, so that the appellant may seek any further information that he desires.' Appellant's prayer before the State Information Commission, Bihar in his second appeal is as follows:

DECISION NOTICE The request of Shri Dayanand Kumar in his application of 28-3-2008 was for a copy of the minutes of the Selection Committee of the UPSC and not for the decision of the UPSC. Therefore, the issue as to when the process of drawing up the minutes of the Selection Committee was complete could be an addition. However, as pointed out by CPIO in her written contention a copy of the minutes of the SCM held on 24-12-07 has already been provided to appellant Shri Dayanand Kumar. The present appeal, therefore, having become infructuous there is no purpose in our ruling upon this issue. The information sought by appellant Shri Dayanand Kumar having been provided to him there remains no substance in this appeal which is hereby dismissed.