Reason for cancelling appellant's candidature & debarring him from appearing in SSC exams for 5 years was denied u/s 8(1)(g) & (h) - CIC: provide the reason after severing the details leading to disclosure of identity of those involved in decision making
2. The Appellant through an RTI application dated 31.03.2012 sought certain information in respect of Memo No. 14/1/2012 EA dated 16.03.2012 issued by Regional Director (NR), SSC New Delhi, cancelling his candidature (in Combined Graduate Level Exam, 2011) and debarring him from appearing in SSC examinations for 5 years.
3. Since the Appellant did not receive any reply from the CPIO, he filed a complaint before the Commission. The Commission, acting on this complaint, issued an order dated 25.09.2012, inter alia, directing the Appellate Authority to inquire into the Appellant's allegation and pass an appropriate order with a view to ensuring that the desired information is provided to the Appellant.
4. Following the Commission's order, the CPIO (Shri Ashok K. Vijay) sent a reply to the Appellant vide letter dated 08.11.2012 wherein he denied the information to the Appellant under section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; and section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.
5. Aggrieved by the CPIO's reply, the Appellant filed an appeal dated 28.01.2013 before the Appellate Authority which the Appellate Authority disposed of vide order dated 22.02.2013 upholding the CPIO's reply.
6. The Appellant thereafter filed the instant appeal before the Commission challenging the Respondents' decision.
7. During the hearing, the Appellant states that all that he wants to know from the Respondents is the reason as to why he has been debarred from appearing in SSC examinations for five years without any fault of his. There was no proof/evidence shown on record warranting such action against him. The decision of the public authority is solely based upon the 'presumption' and 'inconclusive facts' as evident from the memo per se issued to him in this regard which does not contain any reason for this decision of the public authority except mentioning that in post examination analysis prima facie there are reasons to believe that the candidate might have used malpractices and therefore his candidature is being cancelled and he is debarred from the SSC Exam for five years. He submits that at no point of time he was apprised of the reason for the said decision of the public authority. The Respondents, present during the hearing, state that the decision of the public authority (cancelling the Appellant's candidature in said exam and debarring him from appearing in other SSC examinations for five years) is based on the 'Post Exam Analysis' conducted by an independent expert body. According to them, in the Appellant's case, the analytical data clearly showed that he had indulged in using unfair means. Thus the public authority after following due process has decided to cancel his candidature and debar him from appearing other SSC examination for five years. They further submit that 'Post Exam Analysis' is a confidential process, carried out by an outside agency—an expert body. Therefore they had denied this information under section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; and 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.
8. Having heard both sides and perused the records, the Commission is not convinced of the justification given by the Respondents for denial of information to the Appellant under section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; and 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act. The investigation/examination process is admittedly over with the public authority finally deciding to cancel the Appellant's candidature in said exam and debar him from appearing in other SSC examinations for five years. Thus section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; is no more applicable in the present case. In so far as the disclosure of identity of the officers/experts involved in the decision making process is concerned for which the Respondents have claimed exemption under section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act, the same can be taken care of by applying the doctrine of severability as provided under section 10(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. of the RTI Act.
9. In view of the above the Commission hereby directs the CPIO to provide to the Appellant the reasons (as available in records) based on which his candidature was cancelled and he was debarred from appearing in SSC examination for a period of five years. The CPIO may however sever the names and other details leading to disclosure of identity of the officers/experts involved in the decision making process in the present matter under section 10(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. of the RTI Act. The CPIO should furnish this information to the Appellant within 2 weeks of receipt of this order.
10. As regards the delay in responding to the Appellant's RTI application, the then CPIO(s) (during the period from 31.03.2012 to 08.11.2012) is/are directed to show cause why penalty at the rate of Rs. 250/per day (subject to maximum Rs. 25,000/) should not be imposed upon him/them under section 20(1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. of the RTI Act for not responding to the Appellant's RTI application within the time limit specified in sub section (1) of section 7 of the RTI Act prima facie without any reasonable cause. Returnable within 2 weeks of receipt of this order.
(Sushma Singh)
Chief Information Commissioner
Citation: Shri Amit Shah v. Staff Selection Commission in Case No. CIC/SM/A/2013/000899SS