UPSC - The process of recruitment of Principal is incomplete as the matter is sub-judice; CAT had directed the UPSC to keep the result of one candidate in a sealed cover & not to disclose the same without the leave of the Tribunal - CIC: Denial upheld
O R D E R
Decision Dated 19.01.2017
1. Shri Dinesh Singh Bansal filed an application dated 06.07.2015under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO),Union Public Service Commission (UPSC) seeking information on six main points relating to recruitment to the 58 posts of Principals in Directorate of Education, Government of National Capital Territory (NCT) of Delhi.
2. The appellant filed a second appeal dated 30.09.2015 before the Commission on the grounds that the CPIO/FAA denied information on point Nos. 1 and 6 of the RTI application stating that the information cannot be shared at this stage as the matter is sub-judice. The appellant further stated that the information was denied on point nos. 2 to 4 of the RTI application under Sections 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; and (j) of the RTI Act. The appellant requested the Commission to direct the CPIO to provide the information sought by him.
3. The appellant Shri Dinesh Singh Bansal and the respondent Shri Inderjeet, Under Secretary, UPSC were present in person.
4. The appellant submitted that no information in respect of his RTI application has been provided to him and the same has been denied by the respondent on the ground that the matter is sub-judice.
5. The respondent submitted that the appellant was informed vide letter dated 23.07.2015 that the matter is sub-judice before the Hon’ble Central Administrative Tribunal (CAT), Allahabad Bench in a matter relating to the recruitment of 58 posts of Principal, GNCTD (OA No. 1192/2013) and that the CAT had vide order dated 19.09.2013 directed the UPSC to keep the result of one of the candidates in a sealed cover and not to disclose the same without the leave of the Tribunal. The matter was heard on 19.10.2016 and the judgment is reserved in the matter. In view of this, the process of recruitment of Principal, GNCTD is yet to be completed. The respondent also stated that once the matter is finally resolved, results would be declared and uploaded on the website of the UPSC.
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that since the recruitment process is technically not complete, the information sought for by the appellant cannot be provided.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Citation: Shri Dinesh Singh Bansal v. Union Public Service Commission in Decision No. CIC/SB/A/2016/000129