Using RTI to know the reasons for being left out in the empanelment list of IPS Officers
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of Home Affairs (MHA) seeking to know the reasons for being left out in the empanelment list of IPS Officers for the year 1994- 95 when all his APRs were outstanding. The Public Information Officer (PIO) informed the appellant that as per DoPT’s O.M. No. 1/7/2009-IR dated 1.6.2009 the information sought in the RTI application cannot be classified as ‘information’ and the same cannot be provided
During the hearing before the Central Information Commission (CIC), the appellant submitted that he has been left out in the empanelment list of IPS Officers for the year 1994-95 by the MHA, whereas his juniors who were figuring at S. No. 492, 493, 494, 495 and 496 in the said list have been empanelled. He argued that he should be provided the reasons for being left out from empanelment list when all his APRs are ‘Outstanding’. The respondent submitted that the decision for promotion of IPS Officers is taken in the meeting of the CPEB.
View of CIC
The Central Information Commission (CIC) observed that the meetings of the CPEB are a matter of official record and so are other documents when such decisions are taken. The Commission directed the PIO to provide the appellant with reasons as available in record, whereby decision was taken to leave out the appellant in the empanelment list of IPS Officers.
Citation: Mr. Kamal Saini v. Ministry of Home Affairs, in Case No. CIC/SS/A/2012/000236
RTI Citation : RTIFI/2012/CIC/673
Click here to view original RTI order of Court / Information Commission