CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/A/2008/01238 dated 15.07.'08
Right to Information Act 2005-Section 19(3)
Appellant : Shri Kamdev Paswan
Respondent: Staff Selection Commission (SSC), New Delhi.
Decision
Announced 25.9.’09
The Commission has received an appeal from Shri Kamdev Paswan
Ranchi, Jharkhand praying as follows:-
“It is therefore prayed that the information as desired be
provided to me with a request to intimate as to why I have not
supplied the aforesaid information till date by them.”
That information regarding marks obtained by the appellant in the
Combined Graduate Level Examination, 2005, conducted by Staff Selection
Commission and some queries derived from the final result published by the SSC
of the said examination was originally moved through an application of
29.01.2008. In his response of 12.02.2008 the CPIO Shri V. K. Agrawal, Under
Secretary, SSC, New Delhi provided information to the appellant. The appellant
Shri Kamdev Paswan, finding the response unsatisfactory, moved another
application dated 07.03.2008 reiterating his request. But no response was
received against the second application. Consequently, the appellant on
15.05.2008 approached the first appeal authority under section 19(1) of the RTI
Act. The appellant has filed this appeal before us alleging that the appellate
authority did not pass any order in respect of the appeal filed.
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to her public authority, the Commission
has decided to remand this appeal to Appellate Authority Ms. Gayatri Sharma,
Deputy Secretary, SSC, to dispose of the appeal of Shri Kamdev Paswan
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within ten working days from the date of receipt of this decision, under
intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information
Commission.
Appellate Authority Ms. Gayatri Sharma will also satisfy herself on the
issue of failure of CPIO to respond to the second RTI application dated
07.03.2008 of appellant Shri Kamdev Paswan and if so required approach this
Commission for initiation of proceedings under section 20 of the RTI Act for
imposition of penalty and/ or recommending appropriate disciplinary action.
If not satisfied with the information provided on his 1st appeal, appellant Shri
Kamdev Paswan will be free to move a 2nd appeal before us as per Sec 19 (3).
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
25-09-2009
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
25-09-2009
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