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+91-11-26106140/26179548 Email – Haro.Sen@Nic.In CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus,New Delhi-110067 Tel: +91-11-26106140/26179548 Email – [email protected] File No. CIC/SD/A/2016/000122 Date of Decision: 07/12/2016 Relevant facts emerging from the Appeal: Appellant : T Uday Sagar D. No. 60-33-28, Ambedkar Colony, Malkapuram (PO) Visakhapatnam-530011 Respondent : CPIO Headquarters Eastern Naval Command Naval Base Post Visakhapatnam-530014 CPIO Headquarters, Western Naval Command 6th Floor, Noorbhoy Building Shahid Bhagat Singh Road, Mumbai-400023 RTI application filed on : 13/11/2015 PIO replied on : 23/12/2015 First appeal filed on : 11/02/2016 First Appellate Authority : 30/03/2016 order Second Appeal dated : 22/04/2016 INFORMATION COMMISSIONER : SHRI DIVYA PRAKASH SINHA Information sought: The Appellant sought information regarding promotions to the grade of Upper Division clerk in the Navy under WNC, Mumbai/ ENC, Visakhapatnam/SNC, Kochi for the period of 2005-06 to 2015-16 as per an enclosed format and 1 copies of panel and promotion orders for each year of both 75% and 25% quota of all three commands. Grounds for the Second Appeal: The CPIO has not provided the desired information. Relevant Facts emerging during Hearing: The following were present:- Appellant: Not present. Respondent: Cdr Digvijay Singh, IC Command & CPIO, Eastern Naval Command, Visakhapatnam present through VC. CPIO submitted that he denied information under Section 8(1)(j) of the RTI Act. Decision Commission observes from the facts on record that the information sought pertains to the CPIO(s) of Eastern Naval Command, Western Naval Command & Southern Naval Command. The CPIO, Southern Command has adequately provided the information on the RTI Application vide his letter dated 03.02.2016. However, the reply of the CPIO, Eastern Naval Command is in contravention of the provisions of the RTI Act. Section 8(1)(j) has been invoked without any substantial reasoning and no part of the information sought appears to be invading the privacy of any third party. Further, CPIO, Western Naval Command vide his reply dated 31.12.2015 has in part claimed Section 7(9) of the RTI Act and in part claimed Section 8(1)(a) of the RTI Act to deny the information. The reliance of the CPIO, Western Naval Command on Section 8(1)(a) of the RTI Act is completely misplaced and untenable. In view of the aforesaid, the exemptions claimed by the CPIOs under Section 8(1)(j) & 8 1(a) of the RTI Act is rejected. However, Commission is of the opinion that collation of this information for the period of 2005-06 to 2015-16 will disproportionately divert the resources of the public authorities. Accordingly, Commission restricts the information sought to a period of two years i.e 2014-2015 & 2015-2016 and directs the CPIOs of Eastern Naval 2 Command and Western Naval Command to provide the available information on the RTI Application pertaining to the said two years to the Appellant within 30 days from the date of receipt of this order. A copy of this order should be marked to the CPIO, Western Naval Command along with a copy of the RTI Application for the compliance of this order. The appeal is disposed of accordingly. (Divya Prakash Sinha) Information Commissioner Authenticated true copy (H P Sen) Dy. Registrar/Designated Officer 3.
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