Information about DPC was denied as classified and personal - CIC: Provide a revised reply on all the points where information has been denied, by indicating the exemption clause as per the RTI Act, for denial with full justification for the same1 Feb, 2023
The Appellant has sought the following information regarding:
(a) Provide the copies of letter no. ALC/50605/CG/2020 dated 29/08/2020 and ALC/50605/CG/2020 dated 28 Nov. 2020.
(b) Provide the D.O. Part I order for convening of DPC for the post of LMLF&C dated 31.03.2021 and dated 7th July 2021.
(c) Provide the list of candidates coming within the zone of consideration for the post of LMLF&C.
(d) And other related information.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant in second appeal had stated that the CPIO had provided a delayed reply and crucial documents sought for were not given to him. He is also aggrieved that the FAA passed a delayed order and supported the CPIO’s reply. He has also requested that disciplinary action should be recommended against the CPIO. The CPIO stated that the appellant has filed an application on this subject matter with the CAT and the hearing is coming up shortly.
It was noted from the records of the case that the documents sought for in point 3(a) were given but all other documents were denied under all the other points, with the CPIO holding that these documents cannot be provided as they are classified and vital in nature and also contain personal and career related information of other employees which cannot be disclosed. However, no exemption clause under the RTI Act was invoked while denying the information. The FAA while agreeing with the stand taken by the CPIO, allowed for inspection of documents on any working day. For para 3(e) & (f), the appellant was informed that these are available on the DoPT website.
The CPIO is directed to give a revised reply to the appellant on all the points where information has been denied, by indicating the exemption clause as per the RTI Act, for denial with full justification for the same. Where the denial is not justified, the information sought shall be given. Further, though the similar issue may be before the CAT, this RTI application deserves a complete reply as per the RTI Act.
The above direction should be followed within 7 days from the date of receipt of the order.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Citation: Sandeep B Ghadge v. Artificial Limb Centre, PIN - 900449, C/o 56 APO, File no.: - CIC/DODEF/A/2021/154784; Date of Decision: 15/12/2022