Central Information Commission
CIC/MA/C/2008/00397/AD
Dated October 22, 2008
Name of the Appellant :Mr. Satish Chander Bhardwaj,
Scientist D, NIC Silvassa,
A-3, Type-IV Govt. Flats, Tokarkhada
B/H Court, Silvassa, 396230
Name of Public Authority :National Informatics Center ,
A-Block, CGO Complex, Lodhi Road
New Delhi-110003
Background
1. The RTI request was filed on 12.04.08. The Appellant requested for the
personal file of one Mr. V.K. Saini who has been promoted from Joint
Director to Director. The Appellant also wanted the ACRs of Mr. Saini for
the last 10 years, re-commendation given by the DG NIC and Secretary
MCIT for the said promotion, certified copies of the approval of the
appointment committee, Departmental Promotion Committee, re-
commendation and the names of the DPC members and the screening
committee members for the selection of Mr. Saini as a Director. The CPIO
replied on 24.06.08 stating that the information is exempt from disclosure
as per 8 (1) (j) of the RTI Act and that the disclosure does not satisfy any
public interest. The Appellant sent an e-mail dated 05.07.08 to the CPIO
with a copy to the Appellate Authority but received no information. The
Appellant requested for the documents sought in the RTI application and
also demanded an inquiry against the CPIO and AA for not implementing
the Act properly. He also demanded that strict action again be taken
against the CPIO and AA under Section 20 of the Act.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled
the hearing for October 22, 2008.
3. The Appellant was absent at the hearing.
4. Dr. Kashi Nath, CPIO & DDG represented the Public Authority.
Decision
5. The Respondent submitted that since the information sought belonged to a
third party who may not want the information to be disclosed, and also
because under section 8 (1) (j), the information relates to personal
information which has no relationship to any public activity or interest, the
information was denied.
6. The Commission directs the CPIO to provide certified copies of the
recruitment rules which give the composition of the DPC members and the
screening committee members based on which, Mr. Saini was selected as a
Director.
7. The Commission also directs the CPIO to inform Mr. Saini about his
intension to disclose the information about him to the Appellant within 5
days of receipt of this Order and invite a submission from Mr. Saini about
whether the information should be disclosed, within 10 days of receipt of
the CPIO’s invitation. Decision about disclosure of the information to the
Appellant to be taken by the CPIO based on the submission, as per 11(3) of
the Act.
8. The case is disposed off .
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr. Satish Chander Bhardwaj, Scientist D, NIC Silvassa, A/3 Type IV Govt.
Flats, Tokarkhada, B/h Court, Silvassa 396 230
2. The CPIO -RTI, National Informatics Centre, A-Block, CGO Complex, Lodhi
Road, New Delhi-110 003
3. The Appellate Authority, RTI, National Informatics Centre, A-Block, CGO
Complex, Lodhi Road, New Delhi-110 003
4. Officer in charge, NIC
5. Press E Group, CIC