Central Information Commission Judgements

Mr.B S Bisht vs Ministry Of Environment And … on 20 October, 2011

Central Information Commission
Mr.B S Bisht vs Ministry Of Environment And … on 20 October, 2011
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                     Decision No. CIC/AD/A/2011/001438/SG/15240
                                                             Appeal No. CIC/AD/A/2011/001438/SG
Relevant facts emerging from the Appeal:

Appellant                            :     Mr. B. S. Bisht
                                           III/58, North West Moti Bagh,
                                           New Delhi

Respondent                           :     Mr. J. P. Meena
                                           PIO & Under Secretary
                                           Ministry of Environment & Forest
                                           Parayavaran Bhawan, CGO Complex,
                                           Lodhi Road, New Delhi - 110003

RTI application filed on             :     29/03/2011
PIO replied on                       :     08/04/2011
First Appeal filed on                :     Date not written
First Appellate Authority order on   :     18/05/2011
Second Appeal received on            :     26/05/2011

Sl.                                 Query                                           Reply of PIO
1. Please provide the information regarding the action taken by the        Concerned PIO replied that as
    department during last 5 years in the matter when a candidate who      the post has not been mentioned
    had been appointed on the reserved quota on the basis of caste         hence the cadre controlling it
    certificate obtained by him by supplying false or incomplete           cannot be ascertained.
    information.
2. Kindly intimate about the action taken by the department during last    Same as response to query 1.
    5 years when a candidate is chosen on reserved quota basis and later
    on his certificate becomes null or void.
3. Kindly intimate about the action taken by the department during last    Same as response to query 1.
    5 years when a candidate is promoted on reserved quota basis and
    later on his certificate becomes null or void
4. Please provide the complete addresses of the CPIO & appellate           Concerned PIO replied that the
    authority in the cadre controlling offices under the ministry of       list of addresses are mentioned
    environment & Forest and under all the departments & subordinate       at          the         website
    offices under the Ministry.                                            www.moef.nic.in.
5. Please provide the complete addresses of the CPIO & appellate           Same as response to query 4.
    authority in the cadre in the ministry of planning.
6. Please provide the complete addresses of the CPIO & appellate           Same as response to query 4.
    authority in the cadre in the ministry of Panchayat Raj.

Grounds for the First Appeal:
Reply of the PIO was dissatisfactory & incomplete.

Order of the First Appellate Authority (FAA):
According to the FAA's order query No. 1, 2 & 3 do not pertain to this division hence are being
transferred to M.L Wadhwani, Under Secretary, Shri Bhandarkar , Archana Srivastava, Shri Uppilli &
O P Joshi. Only query no 4 is relevant and the addresses are available on the website.
 Ground of the Second Appeal:
Information furnished by the PIO was not satisfactory and the website does not have the address of the
PIO's and the appellate authorities.

Relevant Facts

emerging during Hearing:

The following were present
Appellant: Absent;

Respondent: Mr. J. P. Meena, PIO & Under Secretary and Dr. R. K. Agrawal, FAA & Dy. Secretary;

The PIO states that he has given information regarding query 1 & 2 to the Appellant on
27/05/2011. The Commission also directs the PIO to provide the information regarding query 4.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information on query-4 to the Appellant before
10 November 2011.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
20 October 2011
(In any correspondence on this decision, mention the complete decision number. (AM)