Central Information Commission Judgements

Shri Rakesh Kumar Sharma vs Staff Selection Commission … on 24 December, 2009

Central Information Commission
Shri Rakesh Kumar Sharma vs Staff Selection Commission … on 24 December, 2009
                CENTRAL INFORMATION COMMISSION
                 Complaint No CIC/WB/C/2008/00835 dated: 18.08.'08
                  Right to Information Act 2005-Section 18(1) (e)

Complainant:       Shri Rakesh Kumar Sharma
Respondent:        Staff Selection Commission (SSC), New Delhi.
                           Decision Announced 24.12.'09


Facts

:-

The Commission has received a complaint from Shri Rakesh Kumar
Sharma of Karam Pura, New Delhi that his request under RTI Act, 2005 seeking
information regarding marks obtained by him in Combined Graduate Level (Main)
Examination, 2004 along with the cut-off marks fixed by the SSC for each
category and post, submitted to Central Public Information Officer, Staff Selection
Commission, New Delhi has not been responded to, even though the same was
duly submitted along with the requisite fee on 21.02.2008. Moreover, no order
has been passed by the appellate authority, SSC on his appeal u/s 19(1) of RTI
Act filed on 09.04.2008.

Having admitted the complaint of Shri Rakesh Kumar Sharma u/s 18(1)

(b) of RTI Act, the Commission served notice on the CPIO and Appellate
Authority, SSC, New Delhi on 19.10.2009 for furnishing their comments on the
complaint. The appellate authority Shri Shiv Kumar Gandotra, Deputy Secretary
submitted his comments on 05.11.2009 endorsing a copy also to complainant
Shri Rakesh Kumar Sharma. The Appellate Authority has informed the
Commission that the requested information has already been supplied to the
complainant along with other information requested through another application
under RTI on 18.11.2008 by the then appellate authority Ms. Gayatri Sharma on
receiving the advance copy of appeal to CIC forwarded by the complainant to
SSC. Shri Shiv Kumar Gandotra in his comments has also provided paper-wise
marks of the complainant in respect of Combined Graduate Level Examination,
2004 which had been denied earlier on the ground of scarcity of sufficient man-

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power. No rejoinder has been received from the complainant on the comments
submitted by the Appellate Authority.

Decision

It is now clear from the comments submitted by the appellate authority
that there has been a failure on the part of the CPIO, SSC in disposing the
request of the complainant because nothing has been said regarding status of
the application sent to the CPIO, Staff Selection Commission, New Delhi by the
complainant. However, in the absence of any rebuttal from the complainant it
may be presumed that the complainant is now satisfied with the information
which has now been provided to him. In light of the above the present complaint
is hereby closed. Further, the CPIO, SSC is hereby cautioned to be more careful
in future while dealing with applications under RTI Act.

Announced this twenty fourth day of December 2009. Notice of this
decision be given free of cost to the parties.

(Wajahat Habibullah)
Chief Information Commissioner)
24-12-2009

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
24-12-2009

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