Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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CENTRAL INFORMATION COMMISSION
2 nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi – 110 066
(Adjunct to Decision No.318/IC(A)/2006 dated 3/10/2006)
Decision No.4156/IC(A)/2009
F. No.CIC/MA/A/2006/00711
Dated, the 10 th July, 2009
Name of the Appellant: Shri. Ravinder Kumar
Name of the Public Authority: Union Public Service Commission
R.T.I. Act:
Whether file notings containing the views and opinions of various officials who have contributed to
the process of the conduct of disciplinary proceedings can be denied under Section 8(1)(j) of the Act?
- Yes
Facts:
1. In our Decision No.318/IC(A)/2006 dated 3rd October 2006, the following Decision notice
was issued:
“The information sought relate to note sheets of the files dealing with disciplinary proceedings
and imposition of penalty. Under the law, there are established procedures that are followed
to ensure justice to the alleged offenders. The relevant details form the basis for formulating
advice given by the UPSC to the concerned administrative Ministry, a copy of which is
also supplied to the affected officer. The revealing of the note sheets containing the remarks
and opinion of various officials on the matter of imposition of penalty, would identify their
names, which might endanger their lives. The disclosure of such information is therefore
barred u/s 8(1)(e) & (h) of the Act. In view of this, the decision of the appellate authority
is upheld.
As such, there is no denial of information to the appellant as the CPIO and the appellate
authority have given a detailed response to the appellant. Moreover, there is no overriding
public interest in disclosure of information relating to the prosecution of alleged offenders
under the Civil Services conduct Rules.”
2. Being not satisfied with the above decision, the appellant submitted a review petition before
the Commission, which was examined and rejected. The appellant was accordingly communicated
vide the Commission’s letter dated April 19, 2007.
3. Subsequently, the appellant challenged the Commission’s decision before the High Court of
Delhi, which has passed the following order:
Union Public Service Commission
“The prayer made by the petitioner for copies of the note sheets was rejected by the
UPSC. The appeal filed before the appellate authority was also dismissed on 19.09.2006.