CENTRAL INFORMATION COMMISSION
Anandi Ramalingam, Information Commissioner
C. M. Nimje – Appellant
Versus
M/o. Personnel, Public Grievances And Pensions – Respondent
Second Appeal No. CIC/DOP&T/A/2024/651852
| Table of Content |
|---|
| 1. validity of caste certificates (Para 1 , 2) |
| 2. response adequacy under rti (Para 3 , 4 , 7) |
| 3. authority and dismissal of appeal (Para 5 , 8) |
Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R
1. The Appellant filed an RTI application dated 19.07.2024 seeking information on the following points:
1. Kindly provide the number of employees of Group A/B/C cadres who have been submitted caste validity certificate to claim SC/ST/OBC categories at the time of promotion and after the promotion in Ministry of Jal Shakti and its subordinate office CWPRS, Pune.
2. Kindly provide the DoPT rules/provision for caste validity certificate for claiming SC/ST/OBC categories at the time of promotion and after the promotion in Ministry of Jal Shakti and its subordinate office CWPRS, Pune.
3. Kindly provide the DoPT prescribed format for caste validity certificate for claiming SC/ST/OBC category in Ministry of Jal Shakti and its subordinate office CWPRS, Pune.
4. Kindly provide the updated information regarding DoPT provision for verification of claim of SC/ST/OBC categories employees in Ministry of Jal Shakti and its subordinate office CWPRS, Pune.
2. The CPIO replied vide letter dated 30.07.2024 and the same is reproduced as under :-
“It is stated that The responsibility for issue and verification of caste or community lies with the concerned State or UT Government. DoPT has issued various instructions from time to time requesting the Ministries/Departments to ensure verification of caste certificates within a reasonable time. The appointing authorities are, therefore, required to take urgent necessary action for timely verification of the caste verification of the employees so that unscrupulous non- SC/ST/OBC persons are prevented from securing jobs meant for SCs/STs/OBCs by producing false caste certificates and benefit of reservation and other scheme of concessions etc. go only to the rightful claimants. These instructions have been reiterated to the Ministries and Departments, the latest being DoPT letter dated 15.03.2024 available under hyperlinks in the DOPT OM dated 28.03.2024 on the official website of this Department, www.dopt.gov.in under OMs-Reservation- Reservation for SCs, STS, OBCs, PwDs and EWS in Posts and Services in the Central Government.
Please note that as per the Right to Information Act, 2005 , CPIO is required to provide information as available with him in the form of O.M., Notifications, rules, regulations, orders, letters and circulars etc. Queries or clarification or interpretation of information is outside the purview of the Right to Information Act, 2005 . The CPIO is not supposed to create information or to interpret information or to give clarification.”
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 22.08.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 30.08.2024 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 21.11.2024.
5. The appellant attended the hearing through VC and on behalf of the respondent Mr. Ajay Kumar Singh, Under Secretary, attended the hearing through in-person.
6. The appellant inter alia submitted that no specific information had been provided by the CPIO on point no. 2 and 3 of the RTI application.
7. The respondent while defending their case inter alia submitted that information sought on above-mentioned points pertain to the Ministry of Jal Shakti, thus, no such information w.r.t above points was available with them. However, relevant available OM dated 15.03.2024 issued to the State Government w.r.t general guidelines for certificate and format for a caste certificate had been provided to the appellant. Hence, no further information remained to be provided. A relevant extract of the respondent’s written submission dated 03.09.2025 is reproduced as under:-
“(i) In respectful compli
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