Information about de-reservation of a vacancy reserved for the OBC - CIC: Information in respect of point no. 3 of the RTI application was wrongly denied as the SC order (SLP No. 16870/2012, 16871/2012 & 16872/2012) does not apply to the present case
28 Jan, 2017O R D E R
Dated 19.01.2017
1. Shri V. Balakrishnanfiled an application dated 27.12.2013under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO),Union Public Service Commission (UPSC)seeking information on five points pertaining to selection for the post of Assistant Registrar of Trade Marks and Geographical Indications including
(i) category under which Ms. Rema Srinivasan Iyengar has been recommended and
(ii) copy of the experience certificate, if any, enclosed by the complainant with her application. CIC/RM/C/2014/000296/SB
2. The complainant filed a complaint dated 24.10.2015 before the Commission on the grounds that the CPIO provided incomplete and unsatisfactory information which amounts to denial of information. The complainant requested the Commission to call for the entire records of the direct recruitment of Ms. Rema Srinivasan Iyengar, Assistant Trade Marks Registry, conduct a thorough inquiry as to how a vacancy reserved for the OBC category was de-reserved to accommodate Ms. Rema Srinivasan Iyengar who is a General Category candidate, recommend to the Secretary, UPSC to initiate necessary disciplinary action against the CPIO for knowingly and willfully providing incomplete, unsatisfactory and misleading information to him and impose a penalty of Rs.250/- as per the provisions of the RTI Act.
Hearing:
3. The complainant Shri V. Balakrishnan was not present despite notice.
The respondent Shri Harish Kumar, Dy. Secretary, UPSC was present in person.
4. The respondent submitted that point wise information as per available records has been provided to the complainant vide letter dated 17.01.2014. Hence, no further information remains to be provided to the complainant.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that information in respect of point no. 3 of the RTI application was wrongly denied as the order of the Supreme Court (SLP No. 16870/2012, 16871/2012 and 16872/2012) does not apply to the present case as the information sought was regarding names of Members, Secretary and Chairman of UPSC at the time of recruitment and no information regarding experts of interview board or examiners was sought. In view of this, the Commission directs the respondent to provide the information sought in respect of point no. 3 of the RTI application to the complainant within a period of four weeks from the date of receipt of a copy of this order.
6. With the above observations, the complaint is disposed of.
7. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: Shri V. Balakrishnan v. Union Public Service Commission in Decision No. CIC/RM/C/2014/000296/SB