Information related to appointment of Shakha Dakpal of different Accounts Circle Office was sought - Respondent - documents were seized by the CBI for investigation - CIC: Information can be supplied only after completion of the selection process
19 Apr, 2015Information sought:-
File No. CIC/BS/A/2014/000330
The appellant through his RTI application had sought information related to appointment of Shakha Dakpal, Laxmipur under Majhariya Accounts Office. Copy of advertisement, office order etc. related to this appointment, details of candidates applied and cleared the appointment with documents etc.
File No. CIC/BS/A/2014/000331
The appellant through his RTI application had sought information related to appointment of Shakha Dakpal, Mazirwa under Bhalewa Circle Office. Copy of advertisement, office order etc. related to this appointment, details of candidates applied and cleared the appointment with documents etc…
File No. CIC/BS/A/2014/000333
The appellant through his RTI application had sought information related to appointment of Shakha Dakpal, Bizbani under Ghodahasan Accounts Circle Office. Copy of advertisement, office order etc. related to this appointment, details of candidates applied and cleared the appointment with documents etc…
File No. CIC/BS/A/2014/000346
The appellant through his RTI application had sought information related to appointment of Shakha Dakpal, Bijai under Bhalewa Accounts Circle Office. Copy of advertisement, office order etc. related to this appointment, details of candidates applied and cleared the appointment with documents etc…
File No. CIC/BS/A/2014/000347
The appellant through his RTI application had sought information related to appointment of Shakha Dakpal, Jasauli Jamunia under Rajpur Accounts Circle Office. Copy of advertisement, office order etc. related to this appointment, details of candidates applied and cleared the appointment with documents etc…
File No. CIC/BS/A/2014/000348
The appellant through his RTI application had sought information related to appointment of Shakha Dakpal, Pipra under Govindganj Accounts Circle Office. Copy of advertisement, office order etc. related to this appointment, details of candidates applied and cleared the appointment with documents etc…
File No. CIC/BS/A/2014/000358
The appellant through his RTI application had sought information related to appointment of Shakha Dakpal, B.G. Singh under Tetria Factory Accounts Circle Office. Copy of advertisement, office order etc. related to this appointment, details of candidates applied and cleared the appointment with documents etc…
Grounds for the Second Appeal: The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. Rajkumar through VC
Respondent: Mr. S N Singh CPIO through VC M: 09934044912
It is seen that the information sought in all the seven appeals is similar (viz. documents relating to recruitment of shakha dakpal(s) at various BOs under East Champaran division) and hence they are heard together and disposed of by a common order. The appellant stated that he needs all the documents relating to recruitment of Shakha Dakpal at Jasauli Jamunia, Bijai, Bizbani, B.G. Singh, Laxmipur, Mazirwa and Pipra BOs. The CPIO informed that the files relating to recruitment at Jasauli Jamunia Bizbani & B G Singh BOs have been seized by the CBI which is investigating the matter. Similarly, the files relating to recruitment at Bijai, Mazirwa & Pipra BOs have been submitted to the regional office for high level internal enquiry. He submitted that any disclosure of information relating to these BOs would hamper the investigation process and claimed exemption under Section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.
As regards Laxmipur BO he stated that the recruitment process is not complete and any pre-mature disclosure of information would undermine the confidentiality of the process. The appellant stated that he had filed an RTI application with the CBI and the CBI has informed that they do not have any files relating to East Champaran division. The CPIO contested stating that the files were sent to their regional office Muzaffarpur and copy of RO letter requisitioning the files for CBI enquiry and the forwarding letter will be supplied to the appellant. He further stated that the merit chart relating to Bijai, Mazirwa & Pipra BOs, which contains all relevant details about the candidates, will be obtained from regional office and provided to the appellant.
Decision notice:
As agreed by the CPIO he should supply the information as above to the appellant within 30 days from the date of receipt of this order. As regards disclosure of information relating to BOs where investigation is in progress, it is seen that a full bench of this Commission in its order dated 28/11/2014 (File No.CIC/SM/A/2012/001020 – A K Agrawal V/S RIL) has held as under: -
“This Commission in its decision dated 10.7.2007 in Appeal No. CIC/AT/A/2007/0007, 10 & 11 (Shankar Sharma & Others Vs. DGIT) observed that the term ‘investigation’ used in section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the Act should be interpreted broadly and liberally and that no investigation could be said to be complete unless it has reached a point where the final decision on the basis of that decision is taken. This Commission In CIC/AT/A/2007/007/00234 – K.S.Prasad vs SEBI, observed that “…as soon as an investigation or an enquiry by a subordinate Enquiry Officer in Civil and Administrative matters comes to an end and, the investigation report is submitted to a higher authority, it cannot be said to be the end of investigation. ... which can be truly said to be concluded only with the decision by the competent authority.” This Commission in CIC/DS/A/2013/000138/MP – Narender Bansal vs Oriental Insurance Co. Ltd., has held that the investigation in the matter was complete but further action was under process, and hence it attracted section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the Act.”
In view of the above decision the CPIO’s submissions claiming exemption under Section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act cannot be faulted as investigation is in progress regarding recruitment of Sakha Dakpal at Jasauli Jamunia, Bijai, Bizbani, B.G. Singh, Mazirwa and Pipra BOs. As regards information relating to Laxmipur BO where the recruitment process is not yet complete, it is seen that the Hon’ble High Court of Judicature for Rajasthan, Jaipur Bench in its decision dated 08/07/2014 [W.P. (C) 11708/2013 Shanu Goyal vs. State of Rajasthan and Ors] has held as under:
“6………………In view of the emphatic enunciation and the legal proposition as above, we are of the unhesitant opinion that considering the nature of the ongoing selection process as stipulated by the Rules and the bearing of the results of the written examination on the eventual selection of the candidates, the request of the petitioner, as made in the instant petition, ought not to be entertained at this stage. This request, we construe, if allowed, would undermine the confidentiality of the exercise underway, apart from affecting the third party rights. Besides, the very basis of the relief sought for by the petitioner is speculative i.e. her perception that her performance has not been correctly evaluated for which there is no tangible basis for this Court to act upon.”
In view of the above the decision, the CPIO’s contention that the information can be supplied only after completion of the selection process is in order. The appeals are disposed of accordingly.
BASANT SETH
Information Commissioner
Citation: Mr. Rajkumar S/o Shri Chandraman Sahani v. Department of Posts in File No. CIC/BS/A/2014/000330+000331+000333+ 000346+000347+000348+000358/6803