CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01430 dated 6.11.2007
Right to Information Act 2005 - Section 19
Appellant - Shri S. K. Sikriwal
Respondent - Union Public Service Commission (UPSC)
Facts
:
By an application of 13.6.07 Shri S. S. Sikriwal, IFS of Punchkula Haryana
applied to the Union Public Service Commission, seeking the following
information:
“The applicant was a member of the State Forest Service of
Haryana and was included in the Select-list of the year 1987, 1988
and 1989 provisionally as a disciplinary proceeding / enquiry was
pending against him at that point of time. Consequently, the
applicant was warned to be careful in future vide Haryana Govt.
letter / order dated 5th March, 1991 (issued on 8.3.1991). The
U.P.S.C. interpreted the said warning as minor penalty under
Haryana Civil Services (Punishment & Appeal) Rules, 1987 and did
not make the name of the applicant un-conditional in the Select-list
prepared on 15th December, 1989. The U.P.S.C. conveyed this
decision to Govt. of India, Ministry of Environment & Forests vide
letter dated 30.11.1992. A portion of the said letter was reproduced
by the Govt. of India in its reply to the O.A. No. 2195 of 1994 filed
by the applicant in the C.A.T., Principal Bench, New Delhi. Now the
applicant request for the certified copies of the following documents
relating to the matter brief account of which have been given
above:-
a) Complete letter of UPSC dated 30.11.1992 vide which
UPSC conveyed its decision of not making the applicant un-
conditional in the Select-List of 1989 to Govt.of India,
Ministry of Environment & Forests.
b) Related notings of the case leading to the decision
mentioned at (a) above.
c) Haryana Govt. i.e. disciplinary authority informed UPSC &
Govt. of India vide letter dated 30.3.1993 and 23.12.1993
that warning issued to the applicant is not minor penalty
under Haryana Civil Services (Punishment & Appeal) Rules,
1987. What action was taken on the aforesaid letters of
State Govt. ? Copy of the decision may be supplied.”
To this he received a response from CPIO Shri Sunil Kumar, Dy. Secretary
dated 10.7.07, as follows:
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“In response to request made in para 3.11(a) and (c) of your letter,
a copy of Commission’s letter dated 30.11.1992 and Government
of Haryana letter dated 30.3.1993 and 23.12.1993 are enclosed. It
is also intimated that as the Select List of 1989 expired on
30.3.1993, the day of next Selection Committee meeting, no action
was called for on his representation dated 5.7.1993, received in the
Commission’s office through State Govt.’s letter dated 23.12.1993
insofar as the Commission were concerned.
As regards providing a copy of the noting leading to the decision
regarding rejecting the proposal of the Government of India, the
matter is under consideration by the Commission. The same will
be intimated as and when the decision is taken in this regard.”
Not satisfied Shri Sikriwal moved a first appeal before Shri M. P. Tangirala
Jt. Secretary, UPSC on 6.8.07 upon which he received a response from Jt.
Secretary (AIS) Shri M.P. Tangirala dated 20.8.07 upholding the information
given, thus bringing Shri Sikriwal to his second appeal before us with the
following prayer:
“The 1st Appellate Authority & Chief Public Information Officer
(CPIO) of UPSC may be directed to supply certified copy of the
notings pertaining to the decision of treating the warning issued to
the appellant vide Haryana Govt. order dated 8/3/1991 (Annexure-
V) as minor penalty by the UPSC and there by not making the
inclusion of the name of the appellant un-conditional in the of
Haryana Forest Service Officers for the year 1989. The UPSC
conveyed its decision of not making the inclusion of the name of the
appellant in the aforesaid select-list un-conditional to Govt. of India
through letter dated 30/11/1992.”
The appeal was scheduled for hearing by videoconference on 20.3.2009.
However, on 17.3.09, we have received a fax message from Shri S. S. Sikriwal
stating that the UPSC has supplied a copy of the required documents to
appellant and Shri Sikriwal, therefore, does not wish to pursue the matter any
more.
DECISION NOTICE
In light of the above request of appellant, Shri S. S. Sikriwal and being
satisfied that the replies sought by appellant have been given in time, we accept
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the plea of appellant Shri Sikriwal. This appeal is withdrawn and, therefore,
closed.
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
20.3.2009
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO
of this Commission.
(Pankaj Shreyaskar)
Joint Registrar
20.3.2009
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