TMI Blog2015 (2) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... dy 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 Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arma, Registrar, for the Respondent. ORDER Brief facts of the case : Shri R.K. Jain has filed two First Appeals; first appeal vide his letter dated 13-11-2013, diarised in the Commission on 14-11-2013 and received in the office of FAA on 18-11-2013 against the CPIO reply dated 8-11-2013 in response to his RTI application dated 9-10-2013. His second appeal is dated 22-11-2013, diarised in the Commission on 22-11-2013 and received in the office of FAA on 25-11-2013 against the response of CPIO vide letter dated 8-11-2013 in response to his RTI application dated 9-10-2013 read with inspection note No. 559, dated 18-11-2013. Notice was issued for hearing on 11-12-2013 at 1430 hrs. when Nodal CPIO was not present. The Nodal CPIO was dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with this RTI application as the information directly relates to him. Therefore, the order of the CPIO is incorrect and illegal and liable to be set aside. There is a violation of principles of natural justice and the action of the Nodal CPIO is liable to be set aside on this ground. (ii) That the information sought under item No. (A) was not provided. However, it was mentioned that response at para (E) in the reply of CPIO dated 8-11-2013 will take care of his request. Under item (A), specific information viz. copy of relevant order/note sheets were called for while vide his reply dated 8-11-2013, the CPIO merely offered to inspect the file mentioned in item (E) of the RTI application. (iii) The CPIO has refused to disclose th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egorically has strongly objected to the appellant making personal allegations of bias against him. He stated that he has allowed inspection of the file himself merely to ensure that the appellant gets the benefit of inspection promptly. (vii) That note sheets 18 19 of File No. 2/3/2012/CIC/Adm. deals with grant of Earned Leave to Shri Pankaj KP Shreyaskar, Director-cum-Joint Registrar from 13-2-2013 to 18-2-2013 and 13-6-2013 to 17-6-2013 to avail LTC. Sl. No. 19 of the note sheet is regarding sending a copy of the No objection Certificate to Shri Pankaj KP Shreyaskar by MoS(PI), Ministry of Statistics and Programme Implementation (MOSPI) for pursuing his Ph.D on part time basis. 6. The Nodal CPIO stated that he did not want to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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