Central Information Commission
Appeal No.CIC/WB/A/2008/01471-SM dated
Right to Information Act-2005-Under Section (19)
Dated: 17 November 2009
Name of the Appellant : Shri S.S. Mehra,
AH-45, Shalimar Bagh,
Delhi - 110 088.
Name of the Public Authority : CPIO, Ministry of Home Affairs,
North Block, New Delhi.
The Appellant was present in person.
On behalf of the Respondent, the following were present:-
(i) Dr. A.K. Saxena, Director & CPIO
(ii) Shri Manish Kumar, SO
The case was heard on October 22, 2009.
2. In this case, the Appellant had, in his application dated May 19, 2008,
requested the CPIO to clarify under which law the Ministry of Home Affairs
had issued order number 14011/23/2005, Delhi-1 dated 1 June 2005. The
CPIO, in his reply dated June 6, 2008, informed that the said order had been
issued in consultation with the Law Ministry for extending the benefits of
reservation to all SCs/STs irrespective of their nativity in the appointment
to the civil posts/services in the Government of NCT of Delhi and not for
including them in the lists of SCs/STs. Not satisfied with this reply, the
Appellant moved the first Appellate Authority on July 14, 2008. The
Appellate Authority decided the appeal in a speaking order dated August 5,
2008. In her order, she explained at length the background for the issue of
that particular order. The Appellant has challenged the order of the
Appellate Authority in his second appeal.
3. Both the parties were present during the hearing. We heard their
submissions. The first Appellate Authority has explained clearly the basis on
CIC/WB/A/2008/01471-SM
which the Government of India had decided to issue that particular order.
The Appellant had wanted to know the law/power under which the Ministry
of Home Affairs had issued this order and the Appellate Authority has
explained very clearly that the provisions of “Articles 341(2) and 342(2) are
meant only for identification of SCs/STs and do not restrict the power of the
Government to open up the vacancies for all SCs/STs, irrespective of their
nativity in relation to that State/UT”. We do not think there is anything
more to be provided to the Appellant by way of information in this matter.
Hence, the appeal is disposed of.
4. Copies of this order be given free of cost to the parties.
(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
CIC/WB/A/2008/01471-SM