Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000343SM
Right to Information Act2005Under Section (19)
Date of hearing : 8 February 2011
Date of decision : 8 February 2011
Name of the Appellant : Shri A P Shah
Asst. C/o. O/o the Commercial
Broadcasting Service, All India Radio,
Navrangnpura PO, Ahmedabad.
Name of the Public Authority : CPIO, Union Public Service Commission,
(Sangh Lok Seva Ayog),
Dholpur House, Shahjahan Road,
New Delhi - 110 069.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Shri S.K. Jha, CPIO,
(ii) Shri A.K. Mishra, US
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard this case through video conferencing. The Appellant was
present in the Gandhinagar studio of the NIC. The Respondents were present
in our chamber. We heard their submissions.
3. In its order dated 28 August 2009, the CIC had remanded the matter to
the first Appellate Authority with the direction that he should pass an
appropriate order within 10 days of receiving the orders. The Appellate
CIC/WB/A/2010/000343SM
Authority, consequently, passed an order on 25 September 2009. It is against
this order that the Appellant has come to the CIC alleging that the Appellate
Authority had failed to carry out the directions of the CIC and provide him with
the right information.
4. The Respondents submitted that the Appellate Authority had passed a
speaking order and that the desired information had already been provided to
him in response to similar applications filed by him earlier. The Appellant
argued that in spite of the claim of the Appellate Authority that the CPIO had
previously provided him the desired information, that information was not the
same as he had really wanted.
5. We carefully examined the contents of the RTI application and the reply
given by the CPIO earlier. We found no infirmity in that reply. The information
the Appellant had sought obviously does not exist. He had wanted a copy of the
order by which the DOPT had dictated/suggested/proposed to the UPSC for
advising imposition of major penalty on any officer even when the
circumstances/cases had not been notified as warranting imposition of major
penalty. As the CPIO of the UPSC had clarified, they did not tender their advice
on the basis of any dictate or suggestion of the DOPT or the executive
government but in terms of the relevant Constitutional provisions and as per
their own regulations. Since no such order exists, obviously the CPIO could not
have provided a copy of it.
6. There is no merit in this case. It is disposed off accordingly.
7. Copies of this order be given free of cost to the parties.
CIC/WB/A/2010/000343SM
(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)
Deputy Registrar
CIC/WB/A/2010/000343SM