CENTRAL INFORMATION COMMISSION
Adjunct to Appeal No.CIC/WB/A/2008/01097 Dated 23.5.2008
Right to Information Act 2005 - Section 19
Appellant - Ms. Sushma Jain
Respondent - Cabinet Sectt.
ORDER
By our decision Notice of 6.10.2008, we had directed as follows:
“This Commission has consistently taken the view that proceedings
of staff selection/promotion Committees, notably DPCs are
disclosable. However we had earlier allowed exemption in certain
cases to ACRs. Keeping the above decision of the apex court in
view, CPIO Shri Sunil Mishra will provide to Ms. Sushma Jain the
copies of the records of the Search-cum-Selection Committee of
9.8.06 and any subsequent consideration of her promotion within
ten working days of the date of receipt of this Decision Notice
excluding only that information under the principle of severability as
contained in Sec. 10(1), that may be exempt from disclosure u/s 8
sub-section (1) of the RTI Act, 2005. The appeal is allowed.”
Subsequently, we have received a representation from appellant dated
18.11.08 complaining of non-compliance with these orders, as follows:
“In spite of the aforesaid remarks of the Hon’ble CIC the Director &
CPIO, Cabinet Sectt has not given me complete information as
requested by me (photocopy of the letter is enclosed as Annexure
2). He has stated in Para 2 of the letter No. A.12011/17/2007-AD.I
dated 24.10.2008 that the ‘record’ of Search-cum-Selection
Committee consists of the following:
i) The brief introductory note submitted to the Committee
providing requisite inputs with regard to the subject matter to
be considered, be severed and provided.
ii) The ACRs dossiers of the officers i.e. Smt. Sushma Jain, JS
& LC (retd).
iii) Minutes of the meeting of the Search cum Selection
Committee held on 9.8.2006 along with Annexure.
Further in Para 3 adopting the manipulative and dilatory tactics it
has been stated that ACRs dossiers belong to the category of1
exempt information as the position regarding them is guided by the
provision of section 8(1)(J) and section 8(2) of the RTI Act in
absence of any other instructions from the Govt. of India. Hence,
even if they are part of the records of the Search-cum-Selection
Committee, they cannot be provided to the applicant.”
On this basis, a notice was issued to Shri Sunil Mishra, Director & CPIO,
Cabinet Secretariat dated 20.1.09 seeking a compliance report together with
parawise comments in respect of representation submitted by appellant so as to
reach this Commission on or before 10.2.09. No such comments have been
received. We are, therefore, obliged to treat this representation of appellant Ms.
Sushma Jain as a refusal of the directions to provide information and hence an
obstruction in furnishing the information directed to be provided. Shri Mishra will,
therefore, show cause in writing by 22.6.09 as to why a penalty of Rs. 25,000/-
should not be imposed on him for this obstruction. In the alternative, Shri Sunil
Mishra, Director may appear before us on 25.6.2009 at 12.30 p.m. to be heard
before the penalty is confirmed.
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
12.6.2009
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
12.6.2009
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