Central Information Commission Judgements

Mr.S Moorthy vs Department Of Expenditure on 27 June, 2011

Central Information Commission
Mr.S Moorthy vs Department Of Expenditure on 27 June, 2011
                       Central Information Commission
            Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                    Bhikaji Cama Place, New Delhi­110066
                   Web: www.cic.gov.in Tel No: 26167931

                                              Case No. CIC/AT/A/2010/001145/SS

Name of Appellant          :      Shri S. Moorthy

Name of Respondent         :      Ministry of Finance, Department of Expenditure

Date of Hearing            :      15.06.2011

                                     ORDER

Shri S. Moorthy, the appellant has filed this appeal dated 20.9.2010 before
the Commission against the Ministry of Finance, Department of Expenditure,
New Delhi for not providing information to his RTI-request dated 10.6.2010,
which came up for hearing on 15.06.2011. The appellant was absent, whereas
the respondents were represented by Smt. Renu Jain, Director and Shri Jagdish
Chander, Deputy Secretary.

2. The appellant filed RTI-request dated 10.6.2010 seeking information on
two RTI queries pertaining to distinction between Secretariat and Non Secretariat
in the matters of Pay Scale of Assistant as recommended by the 5 th CPC. The
CPIO vide letter No. 12(26)/2010/RTI dated 29.6.2010 has replied to the
appellant that the public can only provide information which is available in any
material form. Since, no information is available in material form, the information
sought cannot be provided to the appellant.

3. Aggrieved by the reply of CPIO, the appellant preferred first-appeal on
21.7.2010 before FAA. The FAA vide order No. AA/164/10 dated 23.8.2010 has
upheld the decision of CPIO.

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Case No. CIC/AT/A/2010/001145/SS

4 After hearing the respondent and on perusal of the relevant documents on
file, the Commission observes that the appellant had sought specific information
relating to the distinction between Secretariat and Non Secretariat in the matters
of Pay Scale of Assistants, as recommended by the 5th CPC, which should be
available in the recommendation of the said Pay Commission’s report. In view of
this, the matter is remitted to FAA with the direction to provide categorical answer
to the RTI-query to the appellant within two weeks of the receipt of this order.

The matter is accordingly disposed of at Commission’s end.

(Sushma Singh)
Information Commissioner
27.06.2011

Authenticated true copy:

(K.K. Sharma)
OSD & Deputy Registrar

Address of the parties:

Shri S. Moorthy,
No. 29, 8th Cross Street,
Kurinji Nagar, Lawspet,
Puducherry-605008.

The CPIO,
Ministry of Finance,
Department of Expenditure,
North Block,
New Delhi-110001.

The Appellate Authority,
Ministry of Finance,
Department of Expenditure,
North Block,
New Delhi-110001.