CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2007/01066 dated 14-11-2007
Right to Information Act 2005 - Section 19
Appellant: Shri J. S. Bhattacharjee
Respondent: Department of Personnel & Training (DoPT)
FACTS
By an application of 21-4-07 Shri J.S. Bhattacharjee of Shalimar Bagh,
Delhi applied to Shri P.K. Mishra, Under Secretary & CPIO, DoPT seeking the
following information:
1. Government’s policy/ principle guidelines etc for the
collection of names of expected CIC to be sent to the
Recommendation Committee for selection;
2. Whether names of CIC are collected on ‘pick & choose’ basis
or on the basis of the recommendations of Ministers;
3. Whether there was a system of “Search Committee” for
collecting probable names and how the five names for CIC;
4. How the five names for CIC have been finally selected by the
Government leaving hundreds of qualified officials;
5. Whether the post of CIC is meant only for retired officials;
6. Whether the present CIC had applied for the post and if so,
the source of his information of vacancy;
7. Whether government advertised for the post of CIC and
when?
8. Government policy/ principle for the appointment of only give
CIC/ICs and not the 10 CIC(s) as per provision of the Act;
9. In total, how many candidates were in the race for the post of
CIC/ICs. Names of all candidates and their present
designation and address be sent to me for my information;
10. Whether non selected candidates for the post of CIC have
been duly intimated with the cause for their non selection;
11. Certified copies of Government decision regarding the non
appointment of 5 CICs;
12. Certified copies of Recommendation Committee “file notings”
for the final selection of 5 CICs;
13. What is the Government’s proposal of shifting the CIC Office
from Old JNU Campus?
14. What is the annual budget granted for the CIC for the year
2007-2008;
15. Why Government of India is not giving proper publicity
through media, hoarding, leaflets, government notification etc
the text and benefit of RTI Act, 2005 for public information
and guidelines (Since same Govt. of India is spending crores
of rupees for the advertisement of Ministry of Tourism &
“Grahak Jago” programmes).”
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To this he received a response from Shri P.K. Mishra, Under Secretary
& CPIO, DoPT on 22-5-2007. Not satisfied Shri J. S. Bhattacharjee moved his
first appeal dated 18-6-07 before Director, DoPT and 1st Appellate Authority
specifically stating that answers to question Nos. 1, 2, 4, 6, 9, 10, 11 and 15
be provided and making the following prayer:
“I got the information on 28-5-2007 which is incomplete and not
as per request. Hence this appeal is preferred.’The Appellate Authority Shri K.G. Verma, Director, DoPT replied point-
wise through Order dated 19-7-07:
“1. Clause (5) and (6) of Section 12 of the Right to
Information Act, 2005, prescribe the conditions for
appointment to the posts of Chief Information
Commissioner (CIC) and Central Information
Commissioners (IC). There is no other laid down policy/
principle/ guidelines on the subject.
2. Persons for the post of CIC are considered on the basis
of conditions contained in above referred provisions of
the Act. No other information in the matter is available.
3. As per available information there was no search
Committee to collect probable names. No further
information in the matter is available.
4. The selections were made by the Selection Committee.
No other information is available in the matter.
5. No.
6. Information in this regard is not available.
7. The post was not advertised.
8. Section 12 (2) of the RTI Act, 2005 provides that the
Central Government may appoint such number of Central
Information Commissioner not exceeding ten, as may be
deemed necessary. The Government had appointed four
Information Commissioners in addition to the Chief
Information Commissioner on the basis of the need felt by
the Government.
9. the information is not available.
10. In view of the position given in respect of point No. 9
above, question does not arise.
11. No such documents are available.
12. the appellant was requested by the CPIO to deposit an
amount of Rs. 2/- by way of cash or bankers’ cheque of
Indian Postal Order in favour of Account Officer,
Department of Personnel and Training as required under
the provisions of RTI (Regulation of Fee and Cost) Rules,
2005. The appellant has not deposited the requisite
amount so far.
13. The Central Information Commission shall finally be
shifted to its own building.
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14. the information has already been furnished by the CPIO
vide letter of even number dated 22.5.2007.
15. The Government is giving publicity through the DAVP.”
Still not satisfied with this response appellant Shri Bhattacharjee
moved a second appeal before us with the praying as below:-
“CPIO/ Appellate Authority may please be directed to
provide me the specific information of Point No. 1, 2, 4, 6, 9,
10, 11 & 15 of my letter dated 21.4.2007 (Encl No. 2).
I may please be given the opportunity of being heard in
person before any decision is taken in this regards.”
The appeal was heard on 22-12-08. The following are present.
Appellant
Shri J. S. Bhattacharjee
Respondent
Ms. Zoya C. B., Under Secretary, DoPT & CPIO
We examined each of the questions raised and those that according to
appellant remained unanswered, together with the response received by him
from 1st Appellate Authority Shri K.G. Verma, Director, DoPT. Appellant Shri
Bhattacharjee contended that since the Committee appointing or
recommending appointment of Information Commissioners to the President
was a ‘Selection’ Committee of the DoPT as was clear from the answer
received by him from 1st appellate authority to Q. 4, it was governed by the
guidelines issued by the DoPT in regard to the procedure to be followed by a
Selection Committee..
DECISION NOTICE
The Committee set up u/s 12 (3) of the RTI Act cannot be deemed to
be a Departmental Committee or Departmental Selection Committee. This is
a Committee set up through the RTI Act 2005 not by Government but, through
the veery enactment of this law, by Parliament in order to make
recommendations to the President of India on appointment of Chief
Information Commissioner and Information Commissioners of the Central
Information Commission. The response of the DoPT in this regard is correct
in that the Department is only a servicing instrument for this Committee. The
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reference to the Committee as a Selection Committee by Shri K.G. Verma,
Director in disposing of the first appeal is not to place this Committee in the
category of a Departmental Selection Committee but only with reference to its
purpose, which is indeed the selection of individuals it considers to be of
eminence, which it recommends to the President of India for appointment as
Chief Information Commissioner /Information Commissioner. Seen in this
context it is quite conceivable that the DoPT, which is the only the servicing
organisation, maintains no records of deliberations of this Committee, which
the group is not required to maintain if they do in fact exist, other than its
recommendations, which CPIO Ms. Zoya agreed before us is a document
held by the DoPT.
In light of the above it is clear that all information sought by appellant
has, in fact, been provided within the definition of Section 2 (j), to the extent
that that information is held or under the control of the public authority, in this
case the DOPT. If, as pleaded by appellant before us, Shri Bhattacharjee
would wish to inspect the letter of recommendation received from the
Committee by the Department as submitted to the President of India, this will
have to be sought through an application for the purpose made u/s 6 (1) of the
RTI Act to the CPIO in the DoPT, which appellant is free to do. The present
appeal being without substance is hereby dismissed.
Announced in the hearing. Notice of this decision be given free of cost
to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
22-12-2008
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 K. P. Shreyaskar)
Joint Registrar
22-12-2008
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