The DoFS were asked about the inquiry & final report based on letter dated 13.12.2011 pertaining to unfair recruitment of 600 peons by OBC - PIO: letter dated 13.12.2011 forwarded by M/o Labour & Employment had not been received - CIC: appeal dismissed

Facts:

1. The appellant, Shri Gopi Chand Sharma, has submitted RTI application dated 11 August 2012, before the Central Public Information Officer (CPIO), Department of Financial Services, New Delhi; seeking information relating to the inquiry and final report upon his earlier letter dated 13.12.2011 pertaining to unfair recruitment of 600 peons by Oriental Bank of Commerce w.r.t letter dated 13.6.2012 issued by Ministry of Labor and Employment.

2. Vide order dated 31 August 2012, CPIO informed the appellant that the original complaint dated 13.12.2011 forwarded by M/o Labour & Employment to them had not been received in their section. Not satisfied by the CPIO’s reply, the appellant preferred appeal dated 3 October 2012, to the First Appellate Authority (FAA). Vide order dated 26 November 2012, the FAA upheld the CPIO’s decision dated 30.6.2012 and also held that as the appellant had provided them a fresh copy of his complaint dated 31.12.2011 which has been mistakenly written as 13.12.2011 in the RTI application and letter dated 13.6.2012 issued by Ministry of Labor and Employment, therefore matter would be taken afresh and directed the CPIO to furnish the information to the appellant.

3. Being aggrieved and not satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.

4. The matter was heard today via videoconferencing. The appellant Shri Gopi Chand Sharma was not present at the hearing. The respondent Shri Manish Kumar, CPIO was present in person.

5. The CPIO submitted that the information sought initially was regarding action taken over letter dated 13/12/2011 without enclosing the same with the RTI application. The CPIO could not trace any information and the same was informed to the appellant. At the first appeal stage, the appellant submitted the correct letter date i.e. 31/12/2011 and based on the FAA’s directions the information was provided by the CPIO on the action taken by the public authority over his letter dated 31/12/2011. It was further submitted that the copy of the second appeal has not been submitted to the CPIO by the appellant.

 6. The appellant was informed that the letter was forwarded to the department concerned of the Oriental Bank of Commerce.

Decision Notice

8. The Commission upholds the CPIO’s decision as the information as held by the DoFS has been provided to the RTI applicant. Hence the appeal is dismissed and the case is closed.

(Manjula Prasher)

Information Commissioner

Citation: Shri Gopi Chand Sharma v. Department of Financial Services in Appeal: No. CIC/DS/A/2013/000542/MP