Central Information Commission
CIC/AD/A/2010/000279
Dated April 26, 2010
Name of the Applicant : Shri P.P.Baby
Name of the Public Authority : M/o Information & Broadcasting
Background
1. The Applicant filed his RTI application dt.24.8.09 with the CPIO, M/o Information & Broadcasting
seeking information with regard to his seniority. Shri S.K.Garg, CPIO replied on 23.9.09 stating that
the Applicant’s earlier representation regarding fixation of seniority in STS grade of IB(E)S was
received in the Ministry and the same was also referred to DoP&T for advice but, in turn, they have
desired to know whether the dereservation of posts was formally approved by the Govt. The
relevant file, however, is not traceable despite best efforts. The PIo stated that efforts are being
made to lay hands on the old records to find out whether dereservation was approved. DGAIR has
also been requested to locate their file in which dereservation was approved and DPC for STS grade
was convened. Their reply is awaited. As soon as the relevant file is found, the representation will
be examined and decided in consultation with DoP&T etc. The PIO further added that in the original
DPC of 199091, the Applicant was not considered as he did not figure in the consideration zone at
that point of time. But the reserved vacancies in that DPC could not be filled up for want of
availability of candidates from reserved categories. But subsequently a decision was taken to fill up
the vacant posts subject to dereservation. In this DPC, the Applicant’s name was considered and
that panel has been treated as a separate panel and has been kept below the original panel of 1990
91. It is, thus, not clear whether dereservation was actually approved by DoP&T or not. Hence the
RTI application can be finally replied only when the old records are traced out. Not satisfied with this
reply, the Applicant filed an appeal dt.12.10.09 with the Appellate Authority stating that the
information furnished by CPIO is incomplete, incorrect and irrelevant and requested for point wise
information. On not receiving any further reply, he filed a second appeal dt.31.12.09 before CIC
reiterating his request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 26,
2010.
3. Shri S.P.Sharma, CPIO and Shri V.K.Bhardwaj, Appellate Authority represented the Public Authority.
4. The Applicant was heard by audio conferencing.
Decision
5. The Commission after hearing both sides, directs the PIO to provide an affidavit to the Commission
with a copy to the Appellant stating that the information sought is not available as the old records,
almost 20 years old are missing and giving reasons for their nonavailability. The Commission, with
the powers vested on it under Section 18(2) of the RTI Act, directs the PIO, in the absence of the
records, to enquire into the matter of dereservation and provide a suitable reply to the Appellant with
a copy to the Commission by 5 June, 2010. .
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy. Registrar
Cc:
1. Shri P.P.Baby
All India Radio
Port Blair
Andaman & Nicobar Islands
Port Blair
2. The PIO
M/o Information & Broadcasting
(BAE Section)
AWing, Shastri Bhawan
New Delhi
3. The Appellate Authority
M/o Information & Broadcasting
(BAE Section)
AWing, Shastri Bhawan
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC