Appellant was suspended and needed information to prove that he was appointed on compassionate ground - CIC directed the PIO to furnish a copy of the Record Retention Schedule, free of cost via speed-post and via e-mail; No intervention required
The Appellant sought following information:
1. Please provide me with the order no. 14014/6/86-Estt.(D) dated 30/6/87 issued from the Department of Personnel & Training . New Delhi which instructs about giving compassionate appointment by the head of the department.
2. Please provide me with the order no. A-I2012/1/87-Coordn. dated 30/11/87 issued by Ministry of health and family welfare New Delhi.
• PIO furnished reply, vide letter dated 23.05.2022, as under:
1. The subject matter of Compassionate Appointment does not comes under the purview of this CPIO
2. However, your RTI application is hereby forwarded under Section 6(3) of the RTI Act to the concerned CPIO in Department of Personnel & Training with a copy to the concerned Division i.e. Establishment Division of this Department, with a request for providing reply directly to you in this regard.
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 19.06.2022.
• The FAA vide order dated 11.07.2022 held as under:
I as the Appellate Authority have duly considered the original RTI Application dated 25 04.2022 made by the Appellant Shri Akshat Mishra. Sudha Vihar apartment k block Kidwai Nagar Kanpur. Pin 208011, Uttar Pradesh received under section 6 of RTI Act. 2005. action taken by CPIO & Under Secretary CDN thereon and Appeal dated 19 06.2022.
2 The appeal of Shri Akshat Mishra is received under section 19 of RTI Act, 2005. He is aggrieved that the information provided to him by the CPIO is incomplete. misleading or false in response to his RTI Request dated 25 04.2022 Shri Mishra has appealed that he may be provided the copy of order no A-12012/1/87-Coordn. Dated 30/11/87 as sought vide his initial application.
3 On-going through the records. it is observed that CPIO stating that the subject matter of compassionate appointment does not come under the purview of the CPIO had forwarded the application to the Department of Personnel and Training and the concerned Division in the Department of Health and Family Welfare with a request to provide a reply in this regard to the applicant as the subject matter is closely connected with their functions. CPIO has further informed that w rt point 2 of the application the copy of the order no. Al2012/1/87- Coord. dated 30/11/87 could not be provided as the same -is not traceable' However, this reason given by CPIO cannot be taken as a valid reason for not providing or denial of Information under RTI Act.
4 Accordingly, the Present CPIO is hereby directed to make an effort to trace /find and furnish a suitable reply along-with the copy of the available information with him to the applicant The applicant may also approach the CPIO for further clarification, if any in the matter.
• In compliance of directions of FAA dated 11.07.2022, the PIO has furnished reply dated 14.07.2022 as under:
“... From the records made available by the Section, it was found that the file bearing number A.12O12/1/87- Coordn has already been weeded out, therefore, the aforesaid order not is available...”
• Written submission has been received from the CPIO vide letter dated 16.08.2023. The relevant extract whereof is as under:
“…That in pursuant of the direction of FAA and Director (CDN) , the then CPIO and Under Secretary (CDN) vide letter dated 14.07.2022 (Annexure IV) informed the applicant that efforts were made again to find the Order No. A.12012/1/87- Coordn dated 30.11.1987. From the records made available by the Section, it was found that the file bearing number A.12012/1/87-Coordn has already been weeded out as per Record Retention Schedule issued by "Department of Administrative Reforms & Public Grievances, Government of India". Therefore, the aforesaid order is not available. From the above, it is clearly visible that there is no lapse from the side of Ministry of Health & Family Welfare and the said order has been weeded out as per Government of India guideline…”
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Mr. Kusumakar Mishra – Authorised Representative.
Respondent: Mr. Amit Kumar, US/MoHFW
The Authorised representative of the Appellant stated that relevant information has not been furnished to him till date. He stated that the information sought relates to appointment letter of the Appellant. He stated that the Appellant has been suspended from service and the information sought is essential to prove that the Appellant was appointed on compassionate ground. He requested to direct the PIO to furnish the information as sought.
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers. Thus, the Commission is of the considered opinion that no intervention is warranted in this case. However, the PIO is directed to furnish a copy of the Record Retention Schedule as followed by their department to the Appellant, free of cost via speed-post and via e-mail, within 15 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission. No further action lies.
The appeal is disposed of accordingly.
Citation: Akshat Mishra v. Ministry of Health and Family Welfare, CIC/MH&FW/A/2022/642508; Date of Decision: 14.09.2023