Central Information Commission
Appeal No.CIC/WB/C/2008/00087-SM dated 29.09.2006
Right to Information Act-2005-Under Section (19)
Dated 19.03.2009
Appellant : Shri Ashutosh Dixit
Respondent : Ordnance Clothing Factory, Sahjahanpur (UP), Ministry of
Defence.
The Appellant is not present.
On behalf of the Respondent, the following are present:-
(i) Shri P. Biswas, AGM
(ii) Shri S.K. Singh, DGM
The brief facts of the case are as under.
2. The Complainant had requested the CPIO in his letter dated 29 September 2006
for copies of certain documents in respect of a certain test conducted by the Public
Authority. In response, the CPIO, in his reply dated 19 October 2006, denied the
information by referring to the provisions of Section 8(1)(e) of the Right to Information
(RTI) Act. Against the decision of the CPIO, he filed an appeal before the first Appellate
Authority which that Authority decided in his order dated 23 November 2006. That
Authority endorsed the decision of the CPIO and on the strength of a decision of the
CIC, held that the marks obtained by all the 37 candidates could not be disclosed to him.
He also held that copies of the answer sheets of all the candidates could not be
disclosed to him. Aggrieved by the order of the first Appellate Authority, the Appellant
has now approached us in second appeal.
3. During the hearing, the Appellant was not present in spite of notice. We carefully
examined the contents of his appeal and we also heard the submissions or the
Respondent. We note that in spite of the decision of the first Appellate Authority, the
marks obtained by all the candidates in the said test have not been communicated to the
Appellant till now. We, therefore, direct the CPIO to provide within 10 working days from
the receipt of this order not only the marks obtained by all the 37 candidates in the said
test, but also the copy of the OMR of the Appellant himself as well as the copy of the
question paper and report compliance to the Commission.
4. With the above direction, we dispose off this appeal.
5. Copies of this order be given free of cost to the parties.
Sd/-
(Satyananda Mishra)
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)
Assistant Registrar