Central Information Commission Judgements

Ms. Nisha Gautam vs Staff Selection Commission … on 16 February, 2009

Central Information Commission
Ms. Nisha Gautam vs Staff Selection Commission … on 16 February, 2009
                CENTRAL INFORMATION COMMISSION
                 Complaint No CIC/WB/A/2007/01518 dated 11.12.2007
                     Right to Information Act 2005-Section 19

Appellant:       Ms. Nisha Gautam
Respondent:      Staff Selection Commission (SSC), New Delhi.

Decision

The Commission has received an appeal from Ms. Nisha Gautam, of
Rajajipuram, Lucknow, praying as follows:-

“Required information be provided along with penalizing the
accused officials and minimum Rs. 50,000 thousand as a
compensation be given.”

That information seeking information in markings for various categories of
examinees in three different examinations of 2005 was originally moved through
an application to the PIO, Area Director SSC on 13.08.’07. In his response of
7.9.’07 PIO Shri VK Agrawal Under Secretary SSC, Delhi has conveyed that this
cannot be considered being third party information. Ms Gautam then moved an
appeal before the Director and appellate authority SSC on 20.9.’07 but upon not
receiving a response Ms Gautam has moved a second appeal before us.

Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority, the Commission has
decided to remand this appeal to First Appellate Authority & Deputy
Secretary, Ms. Gayatri Sharma, Staff Selection Commission, Block No.-12,
CGO Complex, New Delhi to dispose of the appeal of Ms. Nisha Gautam
within ten working days from the date of receipt of this decision, under
intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information
Commission.

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We do not however find any delay in response or any other grounds that
would warrant penalty by invocation of Sec 20 of the RTI Act 2005 If not satisfied
with the information provided on her 1st appeal however, appellant Ms. Nisha
Gautam will be free to move a 2nd appeal before us as per Sec 19 (3).

Announced. Notice of this decision be given free of cost to the parties.

(Wajahat Habibullah)
Chief Information Commissioner)
16.02.2009

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.

(PK Shreyaskar)
Jt. Registrar
16.02.2009

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