CENTRAL INFORMATION COMMISSION
Appeal No.2590 to 2597/ICPB/2008
F.No.PBC/07/477, 501
PBA/08/61, 88, 369
PBC/08/26, 27, 28
August 5, 2008
In the matter of Right to Information Act, 2005 - Section 18/19
[Hearing on 21.7.2008 through Video Conferencing between New Delhi-Puducherry-Yanam at 10.30 a.m.]
Appellant : Mr. P. Veerappan
Public authority: Administrative Reform Wing
Mr. G.M. Rao, Superintendent (ARW) & CPIO
Mr. Rakesh Behari, Chief Secretary & Appellate Authority
Present: For Respondents:
Mr. V. Madhuvanan, JS (ARW)
Mr. G.M. Durga Rao, Supdt. (ARW)
Mr. P. Verrappan-Appellant
DECISION
These appeals filed by the appellant against the decision of the public
authorities of Department of Administrative Reforms Wing, Government of
Puducherry, Puducherry have been taken together for hearing through
Video Conferencing on 21.7.2008, which was attended by the respondent
from Puducherry. The appellant attended the hearing from Yanam. After
going through the RTI applications and replies received in the matter and
after deliberations of the matters in the hearing, the matters are discussed
and disposed of as under:
File No. CIC/PBC/2008/028: The appellant by his RTI application
dated 14.7.2007 addressed to the Joint Secretary, AR Wing requested
information regarding action taken by the then State Information
Commission on his complaint petitions filed under section 18 of RTI Act.
He has given petitions against seven different departments. During the
hearing, the public authority explained that the appellant instead of
approaching the State Information Commission at that time he has filed
1
petition before AR Wing. The then PIO has transferred these applications
to the State Commission. Due to the subsequent winding up of the State
Commission the appellant could not get the particulars. However, they
addressed the Departments concerned to furnish information directly to the
appellant. They stated that they have asked the appellant to give the copies
of complaint, which the appellant did not oblige. However, the appellant
insisted that he has addressed the application to one public authority as per
rules and he stated that the information should have been maintained by
them. It is felt the appellant could not seek information from AR Wing.
After perusing the records, it is decided that the appellant should forward
copy of these complaints directly to the Departments. In case if he files
such copies, they should give reply within 15 days from the date of receipt
of this decision. It is also directed that the CPIO should forward this
decision to all the public authorities independently.
File No. CIC/PBC/2008/027: The appellant by his RTI application
dated 14.7.2007 requested the PIO for the region-wise list of offices having
computer facilities in the U.T. of Puducherry. He has also requested for the
region-wise STD phone facilities provided to different offices. The
representative of the Department have stated that the application of the
appellant has been transferred to the respective departments where
information is available with instructions to give information directly to the
appellant under section 6(3) of RTI Act and they claimed that the appellant
himself accepted that he has received reply from many of these
departments. It is decided the appellant should give the names of the
departments from where he is yet to receive and in case if he gives one
such list, they should be asked to give reply within 15 days from the date of
receipt of this decision.
File No.CIC/PBC/2008/026: The appeal is closed as the requisite
information has already been given as per the provisions of the RTI Act.
File No. CIC/PBC/2008/477: In this appeal, the appellant wanted to
have the list of persons who have obtained jobs in Government and semi-
govt. offices under ex-service man quota, sportsman quota, physically
handicapped quota and compassionate appointment quota etc. The
appellant wanted the details of name, address, date of appointment and
various other details in respect of group ‘c” and group ‘d’ posts. The
respondent has transferred this application to the respective departments.
Some of them have given reply. During the hearing the appellant has
stated that the information is very much available with the AR Wing of
Puducherry Government. However, public authority has denied such
2
contention telling that the appellant has asked particulars regarding Group
C & D posts only, whereas the details regarding the Ministerial posts only
available with AR Wing. Every Department is expected to maintain roaster
point. Considering the above, it is decided that the appellant should
indicate the departments from where he is yet to receive complete
information and the CPIO is directed to re-check with those departments
and provide the requisite information within 15 days from the date of receipt
of this decision.
File No. CIC/PBC/2008/188: In this appeal, the appellant by his RTI
application dated 27.11.2007 has sought for the updated list of PIOs and
AAs in Poindicherry U.T. Administration. During the hearing the appellant
has stated that he has not been given with the complete information. The
representatives of the AR Wing have stated that the each public authority is
appointing their PIOs and AAs directly after getting the approval of the
Administrative Secretary concerned. A consolidated list has already been
supplied to the appellant and it is on the website also. However, they stated
that some particulars like e-mail ID etc. are yet to be updated. In view of
this, it is felt that since the Administrative Department gives approval of
appointment of PIOs and AAs, it should have a consolidated list with them.
Hence, it is directed that the CPIO should make arrangements for updating
the list as well as the website and give a copy afresh to the appellant within
15 days from the date of receipt of this decision.
File No. CIC/PBC/2007/501: In this appeal, the appellant vide his RTI
application dated 19.4.2007 has requested for various details about the
constitution of State Information Commission. Vide letter dated 30.4.2007,
the appellant was requested to pay certain fee to collect the information
and the information could not be provided as the fee has not been
deposited. Since the time has lapsed and the State Commission has since
been wound up, It is directed the CPIO should provide the available
information to the appellant within 15 days from the date of receipt of this
decision.
File No. CIC/PBC/2008/061: In this appeal the appellant by his letter
dated 17.10.2007 has requested for the action taken on his representation
to the Lt. Governor of Puducherry in connection with collection of fee for
RTI first appeals under RTI Act. Vide letter dated 25.10.2007, the PS to Lt.
Governor has informed the appellant about the status of the representation.
However, during the hearing, it transpired, that the rules have now been
amended w.e.f. 18.2.2008. Till that date they have been charging. After
18.2.2008 they have stopped charging for filing appeal. The appellant is
3
aggrieved that only after his filing of this complaint the Government of
Puducherry has amended the rules. In view of the facts and
circumstances, though nothing could be done for the fees already
collected, it is directed that if any fee has been collected after 18.2.2008,
the same should refunded to the appellant.
File No. CIC/PBC/2008/369: In this appeal, the appellant by his RTI
application dated 14.7.2007 has requested for various personal information
like the list of government servants having passport, list of govt. servants
who have changed their religion and list of husband & wives who are
working in Pondicherry etc. This information cannot be given as it is
pertaining to other individuals and hence it is rightly denied under section
8(1)(j) of RTI Act. Hence, the appeal is rejected.
On the above lines all 8 appeals stand disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. G.M. Rao, Superintendent (ARW) & CPIO, Administrative Reform
Wing, Puducherry.
2. Mr. Rakesh Behari, Chief Secretary & Appellate Authority,
Administrative Reform Wing, Chief Secretariat, Puducherry.
3. Mr. P. Veerappan, No. 6, 132/11, K.V. Sub Station Quarters,
Mettacur, Yanam-533464 (Puducherry)
4