Central Information Commission
CIC/PB/A/2008/1369/AD
Dated January 2, 2009
Name of the Appellant : Mr.Sanjay Kumar Bhattacharya
Name of the Public Authority : Ministry of Statistics &
Programme Implementation
Background
1. The Appellant filed his RTI application dt.1.5.08 with PIO, NSSO,
Lucknow. The Appellant requested for information relating to his
transfer from Motihari to Bareily in the year 1994. The PIO replied on
30.5.08 denying information under Sec.8(1)(j) of the RTI Act quoting a
Decision No.883/IC(A)/2007 dt.14.6.07 stating that information
sought was meant to promote the personal interest of the Appellant
without any public interest. Not satisfied with the reply, the Appellant
filed his first appeal dt.17.6.08. In his appeal, the Appellant stated
that circumstances leaded to the decision quoted by the CPIO were
different and not applicable in his case. The Appellate Authority
replied on 2.9.08 upholding the decision of the CPIO. Aggrieved at the
decision, the Appellant filed his second appeal dt.31.10.08 with the
CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing on January 2, 2009.
3. Mr. B.S. Chhbra, Nodal Officer and Director represented the CPIO of
the Public Authority. Mr. S.B. Singh , Director was also present
4. The Appellant was not present during the hearing.
Decision
5. The Respondents submitted that the present RTI request related to 4
queries raised earlier by the Appellant in a representation sent to the
Ministry. The Ministry requested the Admin Division on 29.2.08 to
provide information against the queries and the reply along with the
information was received by the Ministry from the Admin Division. To
the Commission’s query whether the Appellant had received a copy of
the reply sent by the Admin Section or not, the Respondents replied
that they are not aware of this. They, however, suspect that the
Appellant did not receive a copy of the reply since the Appellant
wanted information against the same queries in his RTI application,
along with certified copies.
3. With reference to the letter dated 23 November, 2007 sent by the
Ministry to the Director(Admin), the Commission noted that
information against points 1 and 4 has already been provided by the
Public Authority. With regard to point 2, the Commissioner studied
the complaint made by RAD Muzaffarpur in respect of the Appellant
and denies its disclosure under Section8(1)(g) of the RTI Act. The
Commission directs the CPIO to provide information against point 3 of
the RTI application within 15 days of receipt of this Order.
7. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.Sanjay Kumar Bhattacharya
Superintendent
NSSO (FOD)
Bareily
2. The PIO
National Sample Survey Organization
Sarvekshna Bhavan
INS-IV, Sector-11
Ring Road, Vikas Nagar
Lucknow 226 022
3. The Appellate Authority
Ministry of Statistics &
Programme Implementation
Sardar Patel Bhavan
Sansad Marg
New Delhi 110 001
4. Officer in charge, NIC
5. Press E Group, CIC