Information pertaining to particulars of a recruitment was denied u/s 8(1)(d) – PIO: records were voluminous; appellant was invited to see the relevant records – CIC: enable the appellant to inspect the records
1. The appellant filed an RTI application dated 'nil' seeking information pertaining to particulars of a certain recruitment. The CPIO responded on 09.11.2011 and denied information to the appellant under section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; and section 11 of the RTI Act. The appellant filed his first appeal on 08.03.2012 to the first appellate authority (FAA). The FAA response is not on record. The appellant filed a second appeal on 28.08.2012 with the Commission.
2. The appellant and the respondent both participated in the hearing through video conferencing.
3. The appellant referred to his RTI application and stated that he wanted to know the following information relevant for 01.07.1991 to 05.10.1995:
(i) names of the diesel engine drivers selected;
(ii) their technical qualifications;
(iii) their educational qualifications;
(iv) date of appointment; and
(v) appointing authority.
4. The respondent stated that this is not the first time that the RTI application has been filed by the appellant and that the application has been filed earlier also. The respondent stated that this application was first filed on 28.12.2010 and it was responded by the first appellate authority on 19.04.2011 and the particulars of the drivers of diesel engine that had been appointed in 1991 to 2007 was provided. It was stated by the respondent that subsequently another application had been received and the date of application was 26.09.2011, which was disposed off. The respondent said that the records were voluminous, and hence, the appellant was invited to see the relevant files and records personally
5. The respondent is directed to enable the appellant, within 30 days of this order, to inspect the relevant records and provide photo copies of the pertinent documents in context of the RTI application. The appeal is disposed of.
Citation: Shri Jaiveer v. Western Railway in Decision No. CIC/AD/A/2012/002925/VS/05979