Details of RTI applications, Appeals and their Replies | UPSC

Details of RTI applications, Appeals and their Replies

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1 Refer para 3.3 and 3.4 of UPSC advice No.F.3/425/2007-SI dated 12.09.2008 sent to the Secretary ,Ministry of Home Affairs,,Govt of India ,New Delhi.As per established law/Right of Natural Justice/Orders of the Supreme Court ,statement of an individual can not be used to established the charge against the Charged Officer if he has not appeared as witness during the enquiry and the Charged Officer has not been given opportunity to cross examine him.In the instant case neither Shri Disco Kumar and Pawan Kumar appeared as witness and their statements were recorded before the Charged Officer nor the Charged Officer has been given opportunity to cross examine them,then under which rule their statements recorded some were else has been used to established the charge against the Charged Officer.   The information sought by the applicant is personal information and its disclosure has no relationship to any public activity or interest. Therefore, this information is exempted under 8 (1)(j) of RTI Act,2005.          
2 Refer para 3.3 and 3.4 of UPSC advice No.F.3/425/2007-SI dated 12.09.2008 sent to the Secretary ,Ministry of Home Affairs,,Govt of India ,New Delhi.As per established law/Right of Natural Justice/Orders of the Supreme Court ,statement of an individual can not be used to established the charge against the Charged Officer if he has not appeared as witness during the enquiry and the Charged Officer has not been given opportunity to cross examine him.In the instant case neither Shri Disco Kumar and Pawan Kumar appeared as witness and their statements were recorded before the Charged Officer nor the Charged Officer has been given opportunity to cross examine them,then under which rule their statements recorded some were else has been used to established the charge against the Charged Officer.   The information sought by the applicant is personal information and its disclosure has no relationship to any public activity or interest. Therefore, this information is exempted under 8(1)(j)of RTI Act,2005.          
3 Date- 5/5/2016 To The CPIO UPSC North Block New Delhi Sub- Information under RTI Act Sir, Kindly provide, under RTI Act, following information/documents related to the departmental enquiry against me (Padma Jaiswal, IAS, AGMU)- 1. How many times advice/comments/opinion of DoLA was sought by the UPSC in the matter of disciplinary action against Padma Jaiswal, IAS, AGMU cadre. Give datewise details. 2. What was comments/advice/opinion received from DoLA each time. Give date wise details. 3. Please supply a copy of each comments/opinion/advice received from DoLA 4. Kindly supply the certified copy of relevant file notesheets/notings. In respect of Q-1 to 3 Inspection of relevant file by me or my authorized representative may also be permitted. Kindly supply above documents within 48 hours as it is urgently required in order to protect my life, liberty, dignity and reputation. Yours sincerely Padma Jaiswal Add- House No- 2799, M block, Ground Floor Netaji Nagar, New Delhi   Reply to the RTI Application in the attached document. view Date 28/5/2016 To The First Appellate Authority, RTI UPSC North Block New Delhi Sub. First Appeal against reply of RTI application vide registration no. UPSCM/R/2016/50953 dated 5/5/2016 Sir The above information through application vide registration no. UPSCM/R/2016/50953 under the RTI Act was sought by the applicant due to her urgent requirement to protect her life, liberty, dignity and reputation. Denial of this is not only violation of the letter and spirit of RTI Act but also the fundamental right of the applicant. The relevant provision of the RTI Act is extracted here where the information sought for concerns the life or liberty of a person, the same shall be provided within forty eight hours of the receipt of the request. Appeal against reply to Q-1 to 4 Wrong information is given in the reply that No opinion was sought from DoLA in the Disciplinary matter of Padma Jaiswal. The copy of letter to DoPT written by UPSC (provided with the reply dated 9/5/16 of RTI application vide registration No UPSCM/R/2016/50952 dated 5/5/16) itself mentions to the contrary. Kindly supply correct information. Kindly provide the copy of reply submitted against the above letter by DoPT after consultation with DoLA as required by the UPSC. What was the opinion/advice/consultation tendered by DoLA. Kindly clearly specify under quote. Please supply certified copy of correspondence to/from the MHA/DoPT/DoLA in this regard. Copy of relevant note sheets may also be supplied. Denial of supply of correspondences and file noting sought under RTI Act is in violation of and contemptuous to the judgement of the Delhi High Court dated 10/10/2013 in UPSC vs SHATMANYU SHARMA (WPC 2/2013). The Ratio of the judgement is extracted here For the reasons stated hereinabove, the writ petitions are disposed of with the following directions. The copies of office noting recorded in the file of UPSC as well as the copies of the correspondence exchanged between UPSC and the Department by which its advice was sought, to the extent it was sought, shall be provided to the respondent after removing from the noting and correspondence, (a) the date of the noting and the letter, as the case may be (b) the name and designation of the person recording the noting and writing the letter and (c) any other indication in the noting and/or correspondence which may reveal or tend to reveal the identity of author of the noting/letter, as the case may be. My appeal may kindly be decided within 48 hours in view of urgency as mentioned above. Yours sincerely Padma Jaiswal Add- House No 2799 M block, Ground Floor Netaji Nagar, New Delhi      
4 Sir, I request you to inform me marks obtained by me i.e. Roll No. 1081 in the interview held for 10 posts of Assistant Drugs Controller (India),CDSCO, Ministry of Health & Family Welfare, Advertisement No.13/2014 Vacancy no. 14081310109 . It is once again requested to provide information about marks awarded to Roll no 1081 during the selection process in above said advertisement. Regards Pravin A Jagtap   Reply sent by post          
5 Dear Sir/Madam Kindly provide the following information under RTI Act 2005: 1. Kindly provide a copy of Qualifications: Essential A) educational and B) Experience certificate submitted by the 07 candidates who have been selected as well as 03 wait list candidates. Regards Sushila Singh   The information requested for is vague and not specific. The RTI applicant is therefore advised to prefer a fresh application giving details of the post, vacancy no, date of interview etc. The present application is disposed of accordingly. Ms.Manju Kumar, Joint Secretary(Recruitment is the appellate authority in this matter. J.Suthakar Deputy Secretary & CPIO.          
6 Please list the documents required to be enclosed by the Disciplinary Authority while seeking advice of the UPSC in cases of major penalty against All India Services Officers.   In this context, it is informed that the Ministries/ Departments/ State Governments are required to forward the case records/ documents as per the Proforma/Checklist issued by DoPT vide O.M. No. 39011/12/2009-Estt.B dated 10.05.2010 while seeking Advice of the Commission in disciplinary cases. Since this Proforma/ Checklist has been issued by DoP&T, further clarification, if any, may be directly sought from DoP&T. view        
7 Please provide information directly to the requester if any view Reply of information sought in RTI application has been sent by Speed Post and also uploaded pdf with name OnlineReply sh Rajshekhar Yadav. Due to some technical/sofware problem reply in Hindi language is not being paseted view        
8 Dear Sir, Kindly provide me required information as per RTI Act,2005. (a) please provide me details of all the court cases i.e. case title, case no., case year, bench of court etc. registered till date for Engineering services examination in which UPSC is a party as per available record. Note: Please upload your reply along with attachment online in view of DOP&T O.M. NO.1/1/2013-IR dated 21-10-2014 on the Subject: Uploading of RTI replies on the respective website of Ministry/Department.   Dear applicant Your RTI application has been disposed off vide this office letter No. 2/41(182)/2015-E.VII dated 12.11.2015. Requisite information is also attached herewith. CPIO view        
9 please provide the information 1. criteria adopted for shortlisting candidates for interview to the post of LEGAL OFFICER in Directorate General of Civil Aviation (DGCA) wide Advertisement No. 13/2014 Vacancy No. 14081305209 the same is not published in UPSC Website   Criteria for PH candidates EQ-A and EQ-B Raised to six years General EQ(A) raised to LLM and EQ-B Raised to 8 years.          
10 Sir, Sub: This is regarding the age relaxation and eligibility for ex-servicemen of india for the post of Group A and Group B conducted by UPSC.Suppose a person is serving in Indian army in the rank of Sepoy or Naik of Havildar and after completing 15 year of service he tooks premature discharge and goes pension and at the time of retirement the age of that person is 35 year.The exams under the For appointment to any vacancy in Group A and Group B service or posts filled by direct recruitment on the results of an All India Competitive Examination conducted by UPSC .The upper age limit for group A and Group b post is 32 year.Will that person will get 5 year age relaxation and is eligible to appear in that exam .Eligibilty is for the age relaxation and status of exservicemen only.   Reply sent by post and also through e-mail. view        
11 i had applied for the post of assistant director grade-II (economic investigation) vide. advertisement no. 07/2014 and vacancy no. 14040705426, with registration id: 79uri0fz , i am not shortlisted for the interview may i know my marks.   Since you have not been shortlisted for being called for interview, no information is available on record for disclosure. Marks are awarded only to the candidates who attend the interview.   I had already know that i had not short listed for interview. Under previous RTI i want to know the procedure followed for shortlisting the candidate for Interview. I hope there may be some procedure for shortlisting the candidate for interview. Please provide the procedure and my ranking in that procedure.   1st online Appeal of Shri Rakesh Khokhar (Registration No.UPSCM/A/2015/60102 dt. 27.5.2015). Case of DS (R-IV) The appellant under his online RTI Request Registration No.UPSCM/R/2015/60814, dated 28.4.2015, has sought his marks stating that he had applied for the post of Assistant Director Grade-II (Economic Investigation) advertised vide Advt. No.07/2014, Vacancy No.14040705426) and was not short listed for interview. 2. In reply to the request, the appellant was informed by the CPIO, UPSC, as per his online reply dated 21.5.2015, that since he has not been shortlisted for being called for interview, no information is available on record for disclosure and that marks are awarded only to the candidates who attend the interview. 3. I am of the view that the reply furnished by the CPIO is appropriate. The appellant in his appeal has contended that he already knows that he has not been short listed for interview and what he wants to know is the procedure for short listing the candidate for interview and his ranking in that procedure. This is altogether a fresh request not original made and as such cannot be dealt with at the appellate stage. However, I would like to inform the appellant that the candidates who were meeting the short listing criteria were called for interview. No such ranking is given either to candidates short listed or candidates not shortlisted for interview. 4. The appeal of the appellant is disposed of accordingly in terms of above. (R.K. Tiwari) Joint Secretary (Rectt.)/Appellate Authority 22.6.2015  
12 1.You are requested to provide me the following information: a)The names of applicants who applied for the above b)The names of applicants who were working Central/State Govt or Central/State PSU or Autonomous body under Central/State Govt c)The cut off criteria or eligibility criteria for deciding the suitability of eligible candidates for calling for interview i.e.( Age, Qualification, University, % of Marks, length of service, etc) d)The names of applicants shortlisted for interview along with all desired details for which they have been shortlisted e)Reason for not conducting the written examination in determining the suitability of the candidates f)Designation of the Competent Authority for deciding such of action(When & how recruitment shall be conducted) g)Reason for not shortlisting me for interview h)Reason for not displaying result of this vacancy number on the website of UPSC under section UPSC/Recruitment/Recruitment by Selection view In the absence of specific details of the name of the post, advertisement no year of advertisement and vacancy no, it is not possible to furnish the requisite information.          
13 Want to seek information regarding the process of recruitment of jobs in govt sector or govt banks where the selected individual has changed his/her name after graduation( by swearing an affidavit infront of notary, publishing it in newspaper and official govt Gazzette) and doesnt have certificates with new name but has id proof with new name. In this case, is it okay if the individual submits his/her certificates with old name and furnish original affidavit, newspaper publication and govt Gazzette in support of new name. Concerned with liberty if individual.   No specific informatin is sought in the RTI application. Under RTI Act, CPIO is required to furnish the informaiton available on record and is not required to answer queries which are interrogatory in nature nor he is required to furnish opinion based on interpretation of Rules, Procedure or precedents.          
14 (Vacancy No. 13101603426), Fourteen Manager Grade-I/Section Officer in Canteen Stores Department, Ministry of Defence. I had sent my certificates for the said vacancy no to upsc address. I wanted to know in whether the vacancy is already filled on in process   the RTI applicant is informed that the process of Shortlisting of candidates for being called for interview has just been completed and the shortlisted candidates will be issued interview letters after the interview programme is fixed. The same would be hosted on the Website of the Commission.          
15 UPSC vacany no 14040707426. UPSC has never informed about the any test date and there is no update on the website which tells you about any merit list. Now UPSC site declares the result on 11.02.2015 in which the selected candidates are mentioned and date of interview is 12th and 13th november view No Specific information has been sought in the RTI application under reference          
16 I had completed 2 years MBA in Human Resource Management and 3 years LL.B. I am a VISUALLY HANDICAPPED person. Presently I am working as an Asst. Officer - HR in a PSU , Govt. Of India under PWD category. My Date of Birth is 18.03.1973. I am interested to apply for the post of Assistant Public Prosecutors in Central Bureau of Investigation, Department of Personnel & Training, Ministry of Personnel,Public Grievances & Pensions. (Vacancy No. 15020302214) ADVERTISEMENT NO. 03/2015. In the adv. it is written , 10 years age relaxation for PH candidate and 05 years for persons for people working in GOVT. Sector. So , I should get a total age relaxation of 15 years , but while applying , I am unable to submit the application , saying that - over age for the post. Please clarify. Thanks & Rgds.   Under the RTI ACT, CPIO is required to furnish informaiton available on record and is not required to furnish clarification based on interpretation / application of rules /procedure / precedents etc. However, for the general information of the RTI applicant, it is informed that the age relaxation in general is allowed to already employed Government Servants only and not to the employees of PSUs or autonomous bodies.          
17 Qus : What is the difference in notified recruitment rules which have been effected retrospectively and which have been effected prospectively. The details of their interpretation, implication and implementation may please be provided   The information sought does not fall under the definition of information as per section 2(f) of the RTI Act, 2005. For details of interpretation, implication and implementaion, the nodal Department of DoPT may be contacted.   If public interest is served by disclosing such information then it must be given. Public interest includes disclosure of information that leads towards greater transparency and accountability in the working of a public authority (Decision No. CIC/OK/A/2006/00046, dt. 02.05.2006) The RTI question is related to full implementation of statutory recruitment rules and DOPT OM relevant instructions on recruitment rules by the UPSC in the DPC which may be relevant to all affected public servants. Explanation: A vacancy on promotion is filled-up by UPSC in the DPC on the basis of notified recruitment rules of the post effected from retrospective/prospective date i.e. date of issue of notification and DOPT instructions on DPC vide OM dated 10.4.1989. These are also referred in the DPC note by the commission. The para 3.1 of above OM states that A vacancy shall be filled in accordance with recruitment rules in force on the date of vacancy, unless rules made subsequently have been expressly given retrospective effect. Since Amendment to recruitment rules normally have only prospective application, the existing vacancies should be filled as per the recruitment rules in force.   Sent to JS (RR).