Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000010SM
Right to Information Act2005Under Section (19)
Date of hearing : 13 January 2011
Date of decision : 13 January 2011
Name of the Appellant : Dr. Pradeep Singh
16, Second Cross, M G Road,
Junglighat, Port Blair.
Name of the Public Authority : CPIO, Union Public Service Commission,
(Sangh Lok Seva Ayog),
Dholpur House, Shahjahan Rokad,
New Delhi - 110 069.
The Appellant was present in person.
On behalf of the Respondent, Shri N.K. Sharma, Deputy Secretary was
present.
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard this case through videoconferencing. The Appellant was
present in the Port Blair studio of the NIC. The Respondent was present in our
chamber. We heard their submissions.
3. The Appellant had sought a copy of the reserve list/panel prepared by
the UPSC for the post of Director of Agriculture, Andaman and Nicobar Islands
in November 1998. The CPIO had observed that not only the desired
information was exempt from disclosure under Section 8(1) (d) and (e) of the
CIC/WB/A/2010/000010SM
Right to Information (RTI) Act but it was also not available being more than
eight years old while its retention period was only three years.
4. During the hearing, the Respondent reiterated the same line of
argument. We, however, do not agree that such information would come under
the exemption provisions cited above. Neither this information is in the nature of
commercial confidence or trade secret nor it is held in a fiduciary capacity. This
is routine information, part of the administrative records arising out of the
selection process. Therefore, if this information is available, it must be
disclosed.
5. We direct the CPIO to search for these records and, if available, to
provide the desired information within 10 working days from the receipt of this
order. However, if the information is no longer held and has been destroyed
following the retention schedule, the CPIO must clearly say so and indicate the
year, if known, in which the relevant records had been weeded out.
6. With the above direction, the appeal is disposed off.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief 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.
(Vijay Bhalla)
CIC/WB/A/2010/000010SM
Deputy Registrar
CIC/WB/A/2010/000010SM