cic decision--directing to inspect without knowledge means denial of information

8/10/2019 CIC decision--Directing to Inspect Without Knowledge Means Denial of Information

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CENTRAL INFORMATION COMMISSION(Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)

File No.CIC/DS/A/2013/001956-SA

(Smt. Kamala Vs. Dept of Services, GNCTD)

Appellant : Smt. Kamala

Respondent : Dept of Services

GNCTD, Delhi

Date of hearing : 21-08-2014

Date of decision : 29-08-2014

Information Commissioner : Prof. M. Sridhar Acharyulu

(Madabhushi Sridhar)

Referred Sections : Sections 3, 19(3) of the RTI

Act

Result : Appeal allowed/

Disposed of

The appellant is not present. The Public Authority is represented by Mr. Satinder Mohan,

Superintendent (Coord), APIO and Mr. Pawan Kumar Pathak, Supdt(S-II), Department of

Services, GNCTD, Delhi.

FACTS

2. Through her RTI application dated 31-5-2013, the appellant is seeking details of those

employees who have died in service for the last 20 years, details of the persons, who were

given compassionate appointment in their cases, with their educational qualifications, their

assets, etc. The PIO has given reply by his letter dated 2-7-2013. The appellant made first

appeal before the FAA, who, by his order dated 22-8-2013 observed that the information

asked by the appellant for the past 20 years, is not in a compiled form and hence she was

advised to have inspection on the given date and time. Claiming that no information was

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received from the respondent authority, the appellant has filed 2nd

appeal before the

Commission.

Decision:

3. Heard the submissions made by the respondent officer. The appellant is not present.

The appellant was seeking the entire data about the employees died in service and the

compassionate appointments made in favor of the members of the deceased employees.

The respondent officers say that a huge record is to be analyzed which is not in the compiled

form. Though the respondents are right in their reply to some questions that such information

would be personal, they are supposed to give information at least for recent years. Asking the

appellant for inspecting the records, does not serve any purpose because the Public

Authority/PIO himself does not know where the information sought by the appellant , is

available and it is not proper to expect an appellant, who is the wife of a deceased employee

to find out information from the heap of files by inspecting the same. It amounts to denying

the information to the appellant. The Commission, therefore, directs the Public Authority to

provide information about the number of employees died in service and the number of

compassionate appointments made/rejected, the reasons or the policy for the appointment of

family members of the deceased employees on compassionate grounds, for the period

pertaining 2010-2013, within one month from the date of receipt of this order.

4. With the above observations and directions, the appeal is disposedof.

(M. Sridhar Acharyulu)

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Information Commissioner

Authenticated true copy

(Babu Lal)

Deputy Registrar

Address of the parties:

1. The CPIO under RTI, Govt. Of NCT of Delhi,

Services Department, Coordination Branch

Delhi Secretariat, 7thLevel, B-Wing,

IP Estate, NEW DELHI-110002

2. Smt. Kamala,

C-30, Central Jail Tihar, Staff Quarters,

New Delhi-110064

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cic decision--directing to inspect without knowledge means denial of information

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