2025 Supreme(Online)(CIC) 3616
CENTRAL INFORMATION COMMISSION
Anandi Ramalingam, Information Commissioner
Ramesh Kumar – Appellant
Versus
CPIO: Department of personnel & Training, New Delhi – Respondent
Second Appeal No. CIC/DOP&T/A/2024/623396
For the Appellant: Ramesh Kumar
For the Respondents: Sheena Thakur, Sumit
The RTI Commission cannot intervene in recruitment processes or administrative decisions.
Headnote:(A) Right to Information Act, 2005 - The appeal relates to the non-issuance of a joining letter following a recommendation by UPSC - The appellant challenged the respondent's response, claiming lack of information regarding recruitment status. (Para 1, 6)
(B) Jurisdiction - The Commission clarifies that it lacks authority to intervene in recruitment matters, which limits its ability to provide corrective action regarding administrative decisions. The appeal is dismissed as non-maintainable. (Para 8)
| Table of Content |
|---|
| 1. basis of the appellant's rti request. (Para 1 , 2 , 3 , 4) |
| 2. conduct of the hearings. (Para 5) |
| 3. appellant's dissatisfaction with the recruitment process. (Para 6 , 7) |
| 4. limitations of the commission's jurisdiction. (Para 8) |
Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R
1. The Appellant filed an RTI application dated 02.04.2024 seeking information on the following points:
I had been recommended by UPSC, followed by getting a medical examination done as per recommendations.
I sent the medical report by email and via Speed Post to DOPT.
I assume that the background check also must have been completed by now.
I fulfilled all the drawn eligibility criteria and provided all the requested documents, and details asked so far.
Prayer: Could you please let me know
1. The status of my recruitment and joining process is like if it is in progress then could you please let me know the tentative date for completing the process and getting the joining letter?
2. If there is any challenge for completing the process, please let me know the details of the issues, if any.
3. In any case, if my candidature and joining has not been approved then kindly provide me full details of each shortfall.
4. Reason being there may be chances of clerical mistakes or human mistakes in a long process. If any shortfall which can be fulfilled by correcting the official misunderstanding or clerical mistakes by staff or any miscommunication between candidates then it should be corrected.
5. Ultimately its a question of someones years of hardwork, career and losing the right candidate to serve the nation.
…, etc./ other related information
2. The CPIO replied vide letter dated 24.04.2024 and the same is reproduced as under :-
“Point No. 1-6: The appointment of Shri Ramesh Kumar for the post of Director (e-Governance) in the Ministry of Corporate Affairs, was not found suitable on the basis of pre-appointment formalities.”
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.04.2024. The FAA vide order dated 06.05.2024 upheld the reply given by the CPIO.
4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated Nil.
5. The appellant attended the hearing through video conference, and on behalf of the respondent, Sheena Thakur, SO along with Sumit, ASO, appeared in person.
6. The appellant submitted that he was recommended by the UPSC for the post of Director in the Ministry of Corporate Affairs after clearing the interview in 2023. However, despite the lapse of considerable time, he has not received the joining letter. He stated that he filed the instant RTI application seeking clarification regarding the issuance of the joining letter but did not receive any satisfactory response.
7. The respondent reiterated their earlier reply dated 24.04.2024 and submitted that the appellant's candidature was found unsuitable based on pre-appointment formalities.
Accordingly, no joining letter was issued.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the appellant's grievance pertains to the non-receipt of a joining letter despite being recommended by the UPSC. It is evident from the contentions raised in the second appeal that the appellant seeks rectification of alleged deficiencies in the recruitment process, detailed reasons for his non-issuance of the joining letter, and corrective action. However, the reliefs sought fall outside the adjudicatory scope of the Commission under the RTI Act, as it is not empowered to direct any corrective action in recruitment matters or to examine the merits of administrative decisions. In view of the foregoing, the appeal is dismissed as non-
maintainable.
Copy of the decision be provided free of cost to the parties.