CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00799 dated: 30.07.'08
Right to Information Act 2005-Section 18(1) (e)
Complainant: Shri Arghya Mishra
Respondent: Staff Selection Commission (SSC), New Delhi.
Decision
Announced 17.12.2009
The Commission has received a complaint from Shri Arghya Mishra of
Mumbai, Maharashtra praying as follows:-
“I may be provided with the information.”
That information regarding marks obtained by the complainant in SSC
Combined Graduate Level (Main) Examination, 2006 including cut-off marks
fixed by the Commission for recommending candidates for personality test and
procedure for revaluating answer sheet (if possible) was originally moved through
an application of 26.04.2008. In his response of 07.05.2008 CPIO Shri V. K.
Agrawal, Under Secretary, SSC, New Delhi expressed his inability in providing
information by explaining the reason that the final result of the said examination
was yet to be declared by the Commission and advised the complainant to apply
afresh after declaration of the final result. The complainant, being aggrieved, with
the response again approached the CPIO by his application dated 19.05.2008,
by reiterating the same information. The CPIO through his response of
28.05.2008 again reiterated the same facts to the complainant as he had
responded earlier. Being aggrieved with the response, the complainant has
approached this Commission u/s 19(1) (e) of RTI Act, 2005.
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority, and because the
complainant has pleaded no ground for making a direct complaint before us, the
Commission has decided to remand this complaint to First Appellate Authority,
Ms. Gayatri Sharma, Deputy Secretary, Staff Selection Commission, New Delhi
to dispose of the complaint of Shri Arghya Mishra by treating this an appeal u/s
19(1) within ten working days from the date of receipt of this decision, under
intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information
Commission, and in accordance with the present position on declaration of
results. If not satisfied with the information provided on his 1st appeal,
complainant Shri Arghya Mishra will be free to move a 2nd appeal before us as
per Sec 19 (3).
Announced on this seventeenth day of December 2009. Notice of this
decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
17-12-2009
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.
(PK Shreyaskar)
Jt. Registrar
17-12-2009