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2025 Supreme(Online)(CIC) 3193

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, CIC
Sh. Krishna Deo Prasad Sahu – Appellant
Versus
Shri Piyush Chand Gupta – Respondent
Second Appeal No. CIC/NITIA/A/2022/669319



Advocates:
For the Appellants/Petitioners:
For the Respondents: Shri Vipin Jai

The Right to Information Act mandates disclosure unless compelling reasons are provided; exemptions must be substantiated with clear justification.

Headnote:The Central Information Commission addressed an appeal regarding the denial of information under the RTI Act. The appellant sought various documents related to his appointment and performance. The Respondents cited Section 8(1)(h), claiming it would impede investigations. However, the Commission found the denial unjustified, noting a lack of evidence for the claimed exemption. The Court ruled for maximum penalties against the officials for their failure to comply with RTI provisions.

INFORMATION COMMISSIONER : Vinod Kumar Tiwari

Information sought:

I. The Appellant filed an RTI application dated 22.08.2022 seeking the following information:

“The applicant, I, Dr. Krishna Deo Prasad Sahu, IFS, a member of All India Services of Kerala Cadre is taking care of Rehabilitation of Multiple Disabilities of my daughters in the support set up in the Jharkhand State since, Dec.2012. As provisioned in O.M. No. 42011/3/2014- Estt.(Res.), dated-06.06.2014 of the DoPT, in accordance with the direction of the Appointment Committee of Cabinet (ACC), Govt. of India vide OM No. 37/33/2012-EO(SM-I),dated- 31.05.2018, the Appointment Committee of the Cabinet (ACC), Govt. of India vide it's Order No. 22/05/2017 EO(SM-I), DoPT, dated-26.10.2018 approved my appointment as Assistant Director General (ADG) for a period of 5 years by temporarily downgrading the post of DDG, UIDAI, Regional Office, Ranchi initially for a period of 2 years (further extendable on year to year basis), vice Ms. Nandana Munshi, IA&AS (1991), seek the following information’s, under RTI Act.2005 and to the best of his knowledge, the required information is pertaining to the Human Resource Division of the UIDAI, HQ, New Delhi.

I. Furnish certified copy of the Note sheets of the File and Order/O.M./Notification of the competent authority of UIDAI, communicating/conveying its concurrence for appointment of Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005) at UIDAI.

II. Furnish the certified copy of the office orders or notifications of the UIDAI, assigning the roles and responsibilities to Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005) in accordance with the Order No. 22/05/2017 EO(SM-I), DoPT, dated-26.10.2018, upon his joining at UIDAI, Regional Office, Ranchi w.e.f.- 01.11.2018.

III. Furnish certified copy of all the Office Orders of the UIDAI, Regional Office, Ranchi, communicated to the UIDAI, HQ, New Delhi (for the period from- 01.11.2018 to 18.08.2022) of Work Allocation to Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005), ADG/Director, UIDAI, Regional Office, Ranchi.

IV. Furnish certified copy of Report communicated to the UIDAI, HQ, New Delhi by the DDG, UIDAI, Regional Office, Ranchi who is/were Reporting/Controlling Authority w.r.t. Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005), ADG/Director for breach of any regulation of the Authority or negligence, inefficiency in discharge of the assigned duties or violations of any of the provisions of the All India Services (Conduct) Rules, 1968 and/or Unique Identification Authority of India (Salary, Allowances and other Terms and Conditions of Service of Employees) Regulations, 2020 during the period of his working at UIDAI w.e.f. 01.11.2018 till date.

V. Furnish certified copy of the show-cause notice issued or explanation called for, if any w.r.t. reported (by the Reporting/Controlling Authority) breach of any regulation of the Authority or negligence, inefficiency in discharge of the assigned duties or violations of any of the provisions of the All India Services (Conduct) Rules, 1968 and/or Unique Identification Authority of India (Salary, Allowances and other Terms and Conditions of Service of Employees) Regulations, 2020 by Dr. Krishna Deo Prasad Sahu, IFS, Director, UIDAI, Regional Office, Ranchi during the period of his working at UIDAI w.e.f. 01.11.2018 till date.

VI. Furnish certified copy of the order of authorization for regulation of deputation tenure of a member of the All India Services appointed/deputed at UIDAI vide appointment order of the Competent Authority (ACC) as per the Deputation Guidelines for All India Service officers vide F. No. 14017/33/2005- AIS (II)(Pt.1), dated-28.11.2007 of the Govt. of India, DoPT.

VII. Furnish certified copy of Note sheet of the file and letter/Office Memorandum, of the UIDAI, HQ, New Delhi communicated, if any, as per the procedure laid down by the DoPT i.r.o. the officers of All India Services working under the Government of India and organizations under the Governme

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