CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2009/00208
Appellant : Shri J.P. Vaishnav
Respondent : Regional PF Commissioner-II, Ahmedabad
(through Shri Parag K. Singh, Asst. PF Commissioner)
Date of Hearing : 9.4.2009
Date of Decision : 9.4.2009
Facts
By his letter of 29.8.2008, the appellant had requested for information on the
following 05 points :-
“(i) Proceeding regarding above referred EO/AAO promotion order;
(ii) Copy of Penal details forwarded to the Central Office, New Delhi;
(iii) Panel approval from Central Office, New Delhi;
(iv) SLC of Shri R.V. Makvana, EO/AAO (previously R.V. Mochi);
(v) Copy of caste certificate in respect of Shri R.V. Makvana.”
2. The CPIO had decided the matter vide letter dated 16.10.2008 vide which
information was ordered to be provided regarding point Nos. 2 & 3. As regards
point No. 1, it was mentioned that this information was available in the Head Office.
However, as regards, point Nos. 4 & 5, this information was denied due to it being
third party information.
3. The appellate authority had dismissed the appeal vide order dated 3.11.2008
without adducing any grounds for declining the information on point Nos. 4 & 5.
4. Hence, the present appeal.
5. The matter was heard on 9.4.2009. The appellant did not appear before the
Commission. The public authority is represented by the officer named above. As
regard point Nos. 2 & 3, information has already been provided to the appellant. As
regard point No. 1, the CPIO is directed to collect the information from the Head
Office and provide the same to the appellant. However, as regards point Nos. 4 & 5
undeniably, it is a third party information but the procedure of section 11 (1) of RTI
Act for inviting objections of the third party has not been followed in this case.
Further, the Appellate Authority has not adduced any grounds in rejecting this
request.
DECISION
6. In view of the above discussion, the matter is remanded back to Shri V.
Shankar Reddy, Regional PF Commissioner-I, Ahmedabad (Appellate Authority)
with the direction to invite objections, if any, from the third party and decide the
matter afresh in regard to point Nos. 4 & 5 of the RTI application.
7. The matter is disposed of subject to the above directions.
Sd/-
(M.L. Sharma)
Central Information Commissioner
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
(K.L. Das)
Assistant Registrar