Information regarding empanelment as Additional Secretary for the 1980-82 IAS Batches was denied u/s 8(1)(i) claiming that the process is not yet complete - CIC: provide a clear reply why experience as CVO is not considered for the purpose of eligibility
3 Jun, 2014Information in respect of empanelment as Additional Secretary for the 1980, 1981 and 1982 IAS Batches was denied claiming that since the process of empanelment is not yet complete, the information is exempt u/s 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act - CIC: the PIO directed to provide a clear reply why Shri R. Kanan’s experience as CVO is not considered as relevant Central Experience for the purpose of eligibility for empanelment
ORDER
Shri A. Balakrishnan, hereinafter called the appellant, has filed the present appeal dated 1.5.2013 before the Commission against the respondent Cabinet Secretariat, New Delhi for not providing complete and satisfactory information in response to his RTI application dated 21.1.2013. The appellant was heard through videoconferencing at NIC Videoconferencing Facility Centre, Tiruchirapalli. The respondent were represented by Shri Rajesh Nagpal, Under Secretary.
2. The appellant through his RTI application dated 21.1.2013 sought information on eighteen queries in respect of empanelment as Additional Secretary, GOI for the 1980, 1981 and 1982 IAS Batches. The CPIO vide letter No. 12015/42/2013-RTI dated 8.3.2013 replied to the appellant as follows:
“Point No. 1 to 10 – As per Empanelment Guidelines, the role of the Expert Panel is not to lay down benchmark or cut off marks/points for empanelment as Additional Secretary, GOI. Further (a) matter of empanelment of IAS Officers of 1981 batch at the level of AS/ equivalent level posts in Centre is not yet complete, or over, and (b) information sought relates to personal information about IAS Officers of 1981 batch. Accordingly, furnishing the requisite information is exempted u/s 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; and (j) of the RTI Act;
11 to 13 – The matter of empanelment of IAS officers of 1981 batch and 1982 batch at the level of AS/ equivalent level posts in the Centre is not yet complete, or over. Accordingly, furnishing the requisite information is exempted u/s 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act. The requisite information about empanelment of IAS officers of 1980 batch is being ascertained from the relevant records and will be furnished soon;
(14) As per recommendation of the Special Committee of the Secretaries, 6 IAS officers of 1980 batch were approved for empanelment to AS/ equivalent posts in the Centre in relaxation of the criteria for empanelment as provided in the relevant guidelines to address to issue of inadequate representation of officers of the State Cadre (s)/ officers belonging to Scheduled Castes. Further, furnishing the requisite details about these officers is exempted u/s 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act;
(15 to 18) The matter of empanelment of IAS officers of 1981 batch and 1982 batch at the level of AS/ equivalent level posts in the Centre is not yet complete, or over, and the information sought relates to personal information about IAS officers. Accordingly, furnishing the requisite information is exempted u/s 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; and (j) of the RTI Act. The requisite information about empanelment of IAS officers of 1980 batch is being ascertained from the relevant records and will be furnished soon.”
3. However, not satisfied with the reply of the CPIO the appellant filed first appeal on 20.3.2013 before the FAA. The FAA vide order No. F-12015/42/2013- RTI dated 6.6.2013 remanded back the matter to the CPIO for considering appellant’s request for taking an appropriate decision in the light of the issues raised by him in his appeal.
4. During the hearing the respondent CPIO submits that in compliance with directions of the FAA, he, vide his letter dated 23.8.2013 provided detailed pointwise information to the appellant on the issues raised by the appellant in his first appeal.
5. The appellant during the hearing submits that he has not been provided with Empanelment Guidelines, the CPIO has also not given reasons why Shri R. Kanan’s experience as CVO is not considered as relevant Central Experience for the purpose of eligibility for empanelment. The appellant further submits that the CPIO has also not provided marks/points given to all the officers of the 1981 batch for empanelment as Additional Secretary, GOI. The CPIO has also not provided the information in respect of how many officers of 1980, 1981 and 1982 batches were given exemption from the empanelment guidelines along with reasons for such exemption in each case. On the other hand the CPIO states that the matter of empanelment of IAS officers of 1981 and 1982 batch at the level of Additional Secretary / equivalent level posts is still not complete.
6. The information in respect of marks/points given to all the officers of the 1981 and 1982 batch officers is concerned, the Commission agrees with the contention put forth by the respondent that this information cannot be given at this stage since the process of empanelment is not yet complete, the information therefore is exempted under the provisions of Section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act. However, as far as appellant’s query why Shri R. Kanan’s experience as CVO is not considered as relevant Central Experience for the purpose of eligibility for empanelment, is concerned, the respondent CPIO is hereby directed to provide a clear reply to the appellant. The CPIO is also hereby directed to provide authenticated copy of the Empanelment Guidelines to the appellant within two weeks of receipt of this order.
(Sushma Singh)
Chief Information Commissioner
Citation: Shri A. Balakrishnan v. Cabinet Secretariat in Case No. CIC/SM/A/2013/000809/SS