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2015 (2) TMI 736 - CENTRAL INFORMATION COMMISSIONDenial of information sought under RTI Act - Officer against whom information is sought appointed as officer incharge - Violation of principle of natural justice - Held that:- When there was a separate CPIO for Administration Division, viz : Shri Rakesh Kumar, SO (Admn.), the decision regarding providing appropriate response to the applicant should have been taken by the concerned CPIO to whom the RTI application should have been transferred by the Nodal CPIO in the first instance. Merely because the information sought for pertains to the personal file of Nodal CPIO while it has been created and was under the custody of the Administration Division does not empower the Nodal CPIO to deal with the case himself and give a reply to the appellant without transferring the matter to the concerned CPIO in Administration Division. The jurisdiction of the Nodal CPIO as mentioned on the website does not relate to matters relating to Administration and Establishment. Under the circumstances, I find force in the submissions of the appellant that the nodal CPIO should not have handled the RTI requests. Regarding the exemption claimed by the Nodal CPIO on note sheets Nos. 18, 19 & 23 and the correspondence pages mentioned in his letter dated 20-11-2013, I have gone through the file. In my opinion, note sheets pages 18 & 19 regarding sanction of leave to Shri Shreyaskar and leave with LTC and sending a copy of NOC conveyed to Shri Shreyaskar by MoS(PI) for pursuing Ph.D on part time basis to Shri Shreyaskar for compliance of the conditions mentioned therein are not ‘information’ which can be exempted under Section 8(1)(j) of RTI Act as this information is related to routine matters of Administration in the functioning of the Government including the Commission. Pages 45 to 57 of the correspondence portion is the APAR of Shri Shreyaskar and protected from disclosure under Section 8(1)(j) being personal information, disclosure of which has no public interest. Correspondence at pages 28 & 29 relates to property return of Shri Shreyaskar which is also protected under Section 8(1)(j). However, as mentioned by the Nodal CPIO in his letter dated 20-11-2013, the information is already available on the website of the MoSPI. Note sheet at page 23 is regarding intimation of property transaction of Shri Shreyaskar which is again protected under section 8(1)(j) of RTI Act. - In the light of the above position, Shri S.K. Rabbani, CPIO, CIC, is directed to provide the Information as mentioned within 10 working days from date of receipt of this order - Decided in favour of appellant.
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