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2024 Supreme(Online)(CIC) 40
CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
HARISANKAR R – Appellant
Versus
Staff Selection Commission – Respondent
CIC/SSCOM/A/2023/610284
The grievance regarding compensatory time for a typing test was resolved, negating the need for further intervention by the Commission.
Headnote:(A) Right to Information Act, 2005 - Section 6 - The Appellant, a PWD candidate, sought information regarding compensatory time for a typing test due to a disability. The CPIO provided information as per the guidelines, but the Appellant found it incomplete and filed an appeal. The FAA upheld the CPIO's response. The Commission noted that the grievance had been resolved as the Skill Test was re-conducted with compensatory time granted. (Paras 1-8)
(B) Procedural Compliance - The CPIO's absence during the hearing was noted, and a direction was issued for a written explanation regarding non-compliance with the Commission's notice. (Paras 6-7)
Facts of the case:
The Appellant filed an RTI application seeking clarity on compensatory time for a typing test due to a disability. After an unsatisfactory response from the CPIO and an upheld appeal by the FAA, the Appellant approached the Commission.
Findings of Court:
The Commission found that the Appellant's grievance had been resolved as the Skill Test was re-conducted, and the Appellant was selected for the position.
Issues: The main issues were whether the Appellant was entitled to compensatory time and the adequacy of the information provided by the CPIO.
Ratio Decidendi: The Commission ruled that since the grievance was resolved, there was no need for further intervention. The CPIO was directed to provide an explanation for their absence.
Result: Appeal disposed of accordingly.
1. The Appellant filed an RTI application dated 17.01.2023 seeking information regarding SSC CHSL 2021 Skill Test held on 06.01.2023 on the following points:
- (i) I am a PWD candidate with SLD 40% issued by the medical superintendent of district hospital, please provide the information as to whether submission of disability certificate will suffice for providing compensatory time of 5 minutes in the typing test.
- (ii) If extra time is not provided for the PWD candidate, maximum percentage of error allowed in typing test may be furnished.
2. The CPIO replied vide letter dated 19.01.2023 and the same is reproduced as under:- “Point (i) - As per Para 8.2 of Notice of CHSLE, 21, additional time of 05 minutes will be provided to the SLD Disability candidates for Skill Test/Typing Test on production of Annexure-l issued by Competent Authority.
Point (ii) - information will be published by Head Quarters in the result write up of Skill Test for CHSLE, 21.”
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.01.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 31.01.2023 upheld the reply of CPIO.
4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 23.02.2023.
5. Both the appellant and the respondent remained absent during the hearing.
6. The Commission was in receipt of the written submissions of the Respondent vide letter dated 07.06.2024. For the sake of clarity, some significant parts of the written submissions of the Respondent(s) are reproduced hereunder:
- “…the Appellant in his RTI Application has rather grieved about not providing him compensatory time to him in the skill test for CHSLE-2021.
4. The Hon'ble Tribunal vide Order dt. 08.08.2023 (Copy enclosed) had ordered SSC to re- conduct Skill Test for Shri Harisankar R., providing him compensatory time and if he succeeds in the Skill Test and is in merits as per selection procedure of SSC, then, he may be considered for appointment in State of 'Kerala'.
5. In compliance of the above Order, SSC had conducted Skill Test for the complainant and declared the revised result of Shri Harisankar R. on 17.01.2024 (Copy enclosed) wherein, he is selected for the post of Postal Assistant (Post Code P40). Subsequently, SSC had nominated him to Department of Posts vide Nomination letter dated 23.01.2024 (Copy enclosed).
7. As such Shri Harisankar’s grievance of not granting him compensatory time in Skill Test is already resolved…”
7. The Commission after adverting to the facts and circumstances of the case and perusal of records, observes that the Appellant had raised a grievance through the RTI Application which has already been resolved. Based on this observation, the Commission finds no scope of intervention in the matter.
Nonetheless, since the CPIO remained absent during the hearing proceedings to present their case, the CPIO is directed to send a proper written explanation for disregarding the Commission’s notice of hearing by not appearing before the Commission. The written explanation of the CPIO shall be sent to the Commission both through post and via uploading on http://dsscic.nic.in/online-link-paper-compliance/add within 10 days of the receipt of this order.
8. With this observation and direction, the Appeal is disposed of accordingly.
Copy of the decision be provided free of cost to the parties.
