Can the reasons for exercising the discretion be sought under RTI?

Background

The appellant was a Bachelor of Engineering and working as Charge-man in the Factory. He had applied for grant of No Objection Certificate (NOC) so that he could look for a job elsewhere but NOC was not granted to him. He also submitted that NOC was granted to certain other Charge-men but it was denied to him for no good reasons. In this regard, he filed three separate applications under Right to Information (RTI) Act. The Public Information Officer (PIO) submitted that the Management has exercised its discretion in the grant of NOC to the other individuals and NOC was denied to the appellant due to shortage of staff in the Factory.

View of CIC

The Central Information Commission (CIC) noted that the Management has discretion in the matter but it has to be kept in mind that it is also the duty of the Management to see that its employees realize their full potential by exploring career progression avenues of their liking which is possible only through the grant of NOC. The Commission directed the General Manager to look into the appellant’s case afresh considering his educational qualifications and the fact that he has already served the Factory for 08 years. The CIC also directed the PIO to supply information regarding the duties and responsibilities of various officers at different ranks to the appellant.

Citation: Mr. Vikramjit Singh Randhawa v. Ordnance Factory in Files No.CIC/LS/A/2012/901292, File No.CIC/LS/A/2012/001293, File No.CIC/LS/A/2012/900473