CIC: “As to when the appellant will be offered appointment on compassionate grounds” is futuristic and hypothetical - CIC: Whether the appellant is eligible for appointment on compassionate grounds is interrogative - CIC: Not covered u/s 2(f) of RTI Act

Information Sought:

The Appellant has sought the following information with regard to his applications for appointment on compassionate grounds:

1. Provide the decision of the Recruitment Board in the year 2020 for compassionate appointment.

2. As to when the appellant will be offered appointment on compassionate grounds.

3. Whether the appellant is eligible for appointment on compassionate grounds?

Grounds for Second Appeal

The CPIO did not provide the desired information.

Submissions made by Appellant and Respondent during Hearing:

The appellant was not satisfied with the reply of the CPIO and the order passed by the FAA. On being queried if he had received the copy of the written submissions dated 27.03.2023, he replied in the affirmative.

The CPIO reiterated the contents of the written submissions dated 27.03.2023 which were also available on the record of the Commission. He also submitted in respect of point no. 1 that the recruitment board procedure is not yet completed even on date and hence, there is no change in the reply.

Observations:

Keeping in view the facts of the case, the Commission noted that the CPIO has given a suitable reply to the appellant on 03.02.2022. The CPIO has further elaborated on the said issue vide his written submissions dated 27.03.2023 and a copy of the same has also been sent to the appellant.

The Commission also observed that the query of the appellant viz. “As to when the appellant will be offered appointment on compassionate grounds” is futuristic and hypothetical. The query no. 3 of the appellant was also interrogative in nature and therefore, the queries no. 2 and 3 are not covered under Section- 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005. In such cases, the CPIO is not under the obligation to provide any clarification or opinion under the RTI Act, 2005 as it is in the nature of eliciting a clarification or opinion and does not get covered as information under section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005. Therefore, the Commission referred to the definition of information under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005 which is reproduced below:

“information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.”

However, the CPIO has provided point-wise reply on all the queries to the appellant. Therefore, no further action lies.

Decision:

For the reasons recorded above, the Commission upholds the reply of the CPIO. With the aforementioned observations, the instant appeal, therefore, stands disposed of.

Vanaja N. Sarna

Information Commissioner

Citation: Nandkishor Gohe v. Military Engineer Service, File no.: CIC/IAIRF/A/2022/117292; 06/04/2023