Central Information Commission Judgements

Mr. Ram Bhagat vs Staff Selection Commission on 3 August, 2010

Central Information Commission
Mr. Ram Bhagat vs Staff Selection Commission on 3 August, 2010
                   CENTRAL INFORMATION COMMISSION
               Complaint No. - CIC/WB/C/2009/000451 dated 24.09.'09
                    Right to Information Act- Section 18

Complainant:        Shri Ram Bhagat
Respondent:         Staff Selection Commission (SSC), New Delhi.
                         Decision announced 3.08'10


Facts

:-

The Commission has received a complaint from Shri Ram Bhagat of
Sonepat, Haryana that his request submitted to the Central Public Information
Officer, Staff Selection Commission, New Delhi, seeking information against 9
points challenging the letter issued by the SSC to the complainant directing him
to authenticate his bachelor’s degree obtained from Maharishi Dayanand
University, Rohtak, being authenticated by Distance Education Council, in light of
the fact that the complainant was finally recommended for the post of Inspector in
CBDT by SSC in Combined Graduate Level Examination, 2006 as per the result
published on Internet, has not been responded to even though the same was
duly submitted along with requisite fee dated 02.06.2009. The complainant has
further alleged that no response was received to his 1 st appeal filed on
21.07.2009.

Admitting the complaint of Shri Ram Bhagat, the Commission served
notice on CPIO, SSC, New Delhi on 24.06.2010 for furnishing comments. In
response, CPIO, Shri P. C. Tandon, SSC, New Delhi has submitted comments
on 06.07.2010 with a copy endorsed to complainant. CPIO has informed the
Commission that “the initial application dated 21.07.2009” of the complainant was
replied to by the Northern Regional Office of the SSC on 15.09.2009 whereby the
complainant was informed that his dossier, regarding which information had been
sought by the complainant, had already been sent to the CBDT on 27.07.2009.
The same position was reiterated by the appellate authority vide his letter dated
15.02.2010 in respect of complainant’s 1st appeal dated 01.09.2009. The CPIO

1
has enclosed the copies of both letters with his comments and has requested the
Commission, “It would thus be seen that the grievance of the complainant for
forwarding of his dossier to the concerned department has been redressed as
early as on 27.07.2009……The complaint may be treated as settled.” The
complainant has filed no rejoinder to the comments submitted by the CPIO.

Decision Notice
From a perusal of the facts available in the comments it seems that the 1st
appeal 21.07.2009 of the complainant has been treated as the application u/s
6(1) of RTI Act and responded to by the CPIO Shri Parshotam Singh, Under
Secretary, SSC on 15/16.09.2009, and consequently, as stated by the CPIO, the
1st appeal dated 01.09.2009 has been disposed of by the appellate authority on
15.02.2010. But in light of the facts submitted by the complainant through his
petition it is clear that he has made a request u/s 6(1) on 02.06.2009 and of
which no mention is made by the CPIO. In light of the above the comments of
CPIO are incomplete. The CPIO is hereby directed to provide to complainant Shri
Ram Bhagat a point wise response to his application dated 02.06.2009 within 15
working days from the date of receipt of this decision notice.

Nevertheless, we find that the dossier has been sent to the department by
SSC regarding which information was sought by complainant. The complainant
has filed no rebuttal to the comments submitted by the CPIO which may be
presumed to imply his satisfaction with the plea taken by CPIO. In light of the
above nothing remains for us to decide. The case may now abate.

Announced on this the third day of August 2010 in open chamber. Notice
of this decision be given free of cost to the parties.

Wajahat Habibullah
(Chief Information Commissioner)
03.08.2010

2
Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.

Pankaj K. P. Shreyaskar
Joint Registrar.

03.08.2010

3