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2021 Supreme(Online)(CIC) 441

के(cid:3)(cid:4)ीय सूचना आयोग Central Information Commission , बाबा गंगनाथ माग(cid:10) मुिनरका

Baba Gangnath Marg, Munirka , New Delhi – 110067 नई (cid:11)द(cid:13)ली

/Second Appeal No. CIC/BPCLD/A/2019/119121 ि(cid:16)तीय अपील सं(cid:20)या

Jainath Yadav … /Appellant अपीलकता(cid:10) VERSUS बनाम CPIO … /Respondent (cid:23)ितवादी

Bharat Petroleum Corporation Limited, Mumbai Relevant dates emerging from the appeal:














RTI : 18-12-2018FA : 14-02-2019SA : 25-04-2019
CPIO : 17-01-2019FAO : 20-02-2019Hearing : 07-01-2021

ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bharat Petroleum Corporation Limited, Mumbai seeking following information:-

“Kindly provide the following information relating to recruitment of Official Language Implementation only for which written exam was held on 05 August 2018 and interview and medical exam held between 24 September 2018 to 26 September 2018 and I was a candidate of said recruitment.

1. Scanned certified copy of grading sheets of group discussion by each member of the panel for the post of official Language implementation showing marks obtained by each candidates in group discussion.

2. Minimum marks required in group discussions for qualifying first round of personal interview.

3. Minimum qualifying marks required for second round of personal interview.

4. Scanned certified copy of grading sheets of group discussion by each member of the panel for the post of Official Language implementation showing marks obtained by me and the reasons entered by the members of interviewing panel of group discussion for disqualifying me for the first round of personal interview.

5. List of rules by which the candidates interview performance was graded for selecting the candidates in interview process and group discussions.

6. Transcript of the questions topics used in my batch for GD interview to grade the candidates.

7. Scan certified copies of my written test which was held on 05 August 2018 at Bhopal on line for multiple questions and offline for descriptive questions.

8. Certified scan copy of marks obtained in written exams of those candidates only who have qualified for interview.

9. Certified copy of list of marks obtained by shortlisted candidates for interview process in written examination and the list of order of merit.

10. Any weightage given to PWD candidates in written and GD/ interview.

11. Certified copy of overall merit in each stage of selection of finally selected candidates for the post of official language implementation only.

12. As the above mentioned post was advertised under SRD for PWD in 2016 in which I was selected under PWD category in the selection process in 2017 but due to unavoidable circumstances I could not join on the time and date given by BPCL, and requested to given a chance in future date to join but declined and post was advertised in General category in 2018 please provide the information on action taken report along with copies of all files records registers noting portion correspondence portions regarding converting the post of Official language implementation from PWD category to General Category and the final approval of competent authority for converting the said post and a copy of non violation of implementation of mandatory provisions of PWD Act 2016 for the recruitment of the post of Official Language implementation.”

2. The CPIO responded on 17-01-2019. The appellant filed the first appeal dated 14-02-2019 which was disposed of by the first appellate authority on 20-02- 2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Hearing:

3. The appellant, Mr. Jainath Yadav attended the hearing through audio conferencing. Ms. Ritu Mathur, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

4. The appellant limited his submissions on supplying a copy of the written test documents along with the documents pertaining to conversion of the aforesaid post of Official Language Implementation from PWD category to General category.

5. The respondent contended that the written test was conducted by an external agency and therefore, the written test documents are not available in their custody. However, they have already shared the c

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