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First Appeal Under RTI Act in MP

Anand Kumar Mishra has filed an appeal under the Right to Information Act, 2005, against the response provided by the PIO of Western Central Railway regarding his RTI application submitted on October 29, 2024. The appeal claims that the information received was unsatisfactory, particularly concerning the candidates who appeared for compassionate appointments and their marks, arguing that such information should be disclosed to promote transparency. The appeal seeks complete and satisfactory information from the PIO and includes a fee of Rs. 50 for the appeal process.

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82 views3 pages

First Appeal Under RTI Act in MP

Anand Kumar Mishra has filed an appeal under the Right to Information Act, 2005, against the response provided by the PIO of Western Central Railway regarding his RTI application submitted on October 29, 2024. The appeal claims that the information received was unsatisfactory, particularly concerning the candidates who appeared for compassionate appointments and their marks, arguing that such information should be disclosed to promote transparency. The appeal seeks complete and satisfactory information from the PIO and includes a fee of Rs. 50 for the appeal process.

Uploaded by

Sharma Ji
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Form ‘G’

Appeal under section 19 of the Right to Information Act, 2005


I.D. No. …………..
(For official use)
To
First Appellate Authority
Shri Deepak Kumar Gupta
Western central Railway Indira Market
Jabalpur Madhya Pradesh
Contact 07612626052

1. (a) Name Of Applicant- Anand Kumar Mishra


(b) Father’s Name-
(c) Age-
(d) Occupation-
2. Address- 1252 gali no.3 Bai ka Bagicha, Gamaphur,
Jabalpur Madhya Pradesh 482001
3. (a) Name of the PIO- Purnima Jain
(b) Address of PIO office - Western Central Railway Jabalpur.
4. Date of Submission of Application of RTI- 29th October 2024.
5. Date on Which 30 Days over from submission of RTI Application- 28th November 2024
6. (a) Reason For Appeal- Not satisfy with the response of the RTI application given by PIO
on 27th November 2024
(b) Ground For Appeal- (i) An application of RTI was submitted to the PIO of the Western
Central Railway on 29th October 2024 and application received to the Western central
Railway on 01/11/2024. Copy of RTI application attached as Annexure P/1
(ii)After Submission of RTI application, the response was provided by the PIO of
Western Central Railway on 27th November 2024 that such application was received to
the WCR and information provided by deemed PIO which stated that Shri Sanjay Kumar
Sinha, Assistant Personnel officer/Recruitment, CPMR provided the information under
section 5(4) of the RTI act, 2005 in your case and he will be held responsible for any
violation of the provision under section 5(4) of the RTI act, 2005.
(iii) The information provided by the PIO of WCR was not satisfactory i.e., the
information regarding the-
1. Appearing of the candidates who appeared in the examination for compassionate
appointment from January 2023 to September 2024 at the headquarters this year.
The response provided was complete that 6 Candidates have appeared in the
examination for compassionate appointment through Computer Based Test
between January 2023 to September 2024.
2. Another information which was sought was regarding the name of the candidate,
their marks and position and response provided by the PIO of WCR was
unsatisfactory that such information comes under section 8(1)(j)of the RTI act
2005 and 3rd Party is not payable but such response was found not to be correct as
the disclosure of marks in a public recruitment process cannot be said to be
personal information under Section 8(1)(j) and disclosure of marks and recruitment
process would increase the transparency and accountability and dispel the lingering
doubts about wrongdoings in the public recruitment process and would strength
the process by boosting public confidence in it.
In case of Onkar kalmankar Vs PIO and registrars and ors 2024 Hon’ble
Bombay High court held that the “disclosure of marks of the candidate in the
Public recruitment would not invade the privacy of the candidates and such
disclosure is permissible under RTI act 2005 and also held that withholding such
information creates unnecessarily doubts which is not very healthy in promoting
transparency and accountability in the public recruitment process and contested
that disclosure of marks would not amount to unwarranted invasion of privacy of
such candidates under section 8(1)(j).”
Hence the information sought in the application should be provided to the applicant
so that there should be transparency and accountability regarding the recruitment
process conduct by the public authority. Copy of Response is attached as
Annexure P/2
(v) Relief Sought- Please instruct the PIO of the WCR to provide complete and
satisfactory information to the applicant asked under RTI application.
7. Last date for filling of appeal- 27th December 2024.
8. Particulars of Information- (1) How many People appeared in the examination for
compassionate appointment from January 2023 to September 2024 at the headquarter
this year.
(2) Provide Information regarding the name of the candidates, their marks and posting.
9. A fee of Rs.50 for appeal has been enclosed herewith in the form of Treasury Challan
No. dated paid online receipt attached.

Place.
Date

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