PIO: It is a very old record and same is not traceable despite thorough search - CIC: Commission cannot order any relief in respect of the same - CIC: Provide any document wherein criteria for declaring a Govt. employee as unfit is stipulated
The Appellant wanted to know terms and conditions relative change in seniority of officer with respect to his juniors of the same examination and subsequent examination and merit list as well as detailed explanation of Unfit In reference to DoP&Ts OM No. 22011/7/8 Esst (D) Dated 03.07.1986, point 2.2 along with copy of the same.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Pradeep Kumar, US & CPIO, Department of Personnel & Training, North Block, New Delhi present on phone.
Appellant submitted that he is not satisfied with the reply of the CPIO as he has arbitrarily denied the information sought deeming it to be outside the purview of Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, whereas he has specifically sought for the file noting(s) in respect of DoP&T OM No. 22011/7/8 Esst (D) dated 03.07.1986. CPIO submitted that the information sought at para (i) of the RTI Application pertains the averred OM, which is a very old record and same is not traceable despite thorough search.
Commission observes from the perusal of fact that the information sought in the RTI Application is largely in the nature of seeking clarifications and interpretation of the CPIO, except for para (i) therein, which seeks file noting(s) associated with the averred OM. However, adverting to the submission of the CPIO emphasizing on non-availability of the said OM, Commission cannot order any relief in respect of the same.
Nonetheless, taking into consideration the relief sought by the Appellant during hearing on empathetic grounds, Commission directs the CPIO to provide a copy of any such available and relevant document or OM wherein criteria for declaring a Govt. employee as unfit is stipulated. The said information should be provided free of cost to the Appellant within 15 days of receipt of this order and a compliance report to this effect be duly sent to the Commission by the CPIO. The appeal is disposed of accordingly.
Divya Prakash Sinha
Citation: Shiva Suman v. Department of Personnel & Training in File No : CIC/DOP&T/A/2018/633699, Date of Decision : 20/07/2020