No.41011/16/2019-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 20th May, 2019

OFFICE MEMORANDUM

Subject: Voluntary disclosure of information relating to compassionate appointment by the concerned Ministries! Departments on their website- regarding.

The undersigned is directed to refer to Hon’ble Central Information Commission’s (CIC) decision dated 25.03.2019 (No. CIC/ PMOIN/A/ 2017/ 172750/ MH&FW-BJ (copy enclosed) according to which information relating to compassionate appointments have to be disclosed suo motu by the concerned Public Authorities on their website. Hon’ble CIC’s decision interalia states as under:-

“Keeping in view the facts of the case and the submissions made by the Respondents present at the hearing, the Commission directs DoP&T to issue instructions/ guidelines to all the Ministries and Departments to exercise due diligence in notifying the compliance of the guidelines of DoP&T in respect of compassionate appointments made by all the concerned organizations/ departments covered by its circular..”

All Ministries/ Departments of the Govt. of India are requested to take necessary action for compliance of the directions of CIC.

(Pradeep Kumar)
Under Secretary to the Government of India
Tel. No. 23040339

End: As above
To All Ministries/Departments of the Govt of India.

Date of Hearing : 25.03.2019
Date of Decision : 25.03.2019

ORDER

FACTS:

The Appellant vide his RTI application sought information on 07 points regarding number of matters relating to compassionate appointment which were in a waiting list of all the Ministries and autonomous institutions under the Government of India since the last 10 years in accordance with the rules relating to 5% reservation for such appointment; list of A, B, C & D posts remaining vacant in all Ministries and autonomous institutions in the Government of India in the current Financial Year, etc.

The CPIO, PMO, South Block, New Delhi, vide its letter dated 21.04.2017 transferred the RTI application to the Secretary, DoP&T, New Delhi under Section 6(3) of the RTI Act, 2005 for further necessary action. Subsequently, the Section Officer, Department of Health & FW, RTI Cell, vide its letter dated 11.0.2017 transferred the RTI application to the CPIOs unndr Ministry of Health & PW with the direction to forward/transfer the application to the concerned CPIO, if not pertained to their Division. Subsequently, the CPIO & US to the Govt. of India, Department of Health Research, vide its letter dated 07 06 2017 provided a response pertaining to their Department Dissatisfied due to non-receipt of any response from the concerned departments after several transfers of his application, the Appellant approached the FAA. The Order of the FAA, if any, is not on the record of the Commission.

HEARING:
Facts emerging during the hearing:

READ MORE

DECISION:

Keeping in view the facts of the case and the submissions made by the Respondents present at the hearing, the Commission directs DoPT to issue instructions / guidelines to all the Ministries and Department to exercise due diligence in notifying the compliance of the guidelines of DoPT in respect of compassionate appointments made by all the concerned organizations / departments covered by its circular. Such information should be displayed on the website of each of the institutions governed by DoP&T for the benefit of employees and public at large. The compliance of the directives of the Commission should be done within a period of 30 days from the date of receipt of this order.

The Appeal stands disposed with the above direction.

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No data is centrally maintained either by Government or Central Information Commission (CIC) in respect of cases wherein the information under RTI Act has not been provided to the applicants.

CIC adjudicates the second appeals and complaints received in the Commission. The Right to Information Act, 2005 provides for imposition of penalty by CIC against the Central Public Information Officer (CPIO), in pursuance of section 20 of the RTI Act. As per the information furnished by CIC, the amount of penalty imposed on such CPIOs for the last three years is as under:

Right to Information (RTI) Act 2005 mandates timely response to citizen’s request for information in order to promote transparency and accountability in the working of every public authority.

Review of the implementation of the provisions of RTI Act is an ongoing process. There have been constant efforts on part of the Government to streamline and strengthen the existing mechanisms for successful and effective implementation of the RTI Act.

Government has taken several steps to strengthen the regime of RTI Act, which inter-alia include the following:

i. RTI Online Portal (https://rtionline.gov.in) was launched in August, 2013 by D/o Personnel and Training. As on 17.03.2017, 1840 Central Public Authorities have been aligned to it making it convenient for citizens to file RTI requests and First Appeals through on-line.

ii. The Government has conducted training and capacity building programs for Public Information Officers and First Appellate Authorities through State Government Training Institutes for effective implementation of the RTI Act.

iii. Ministries/Departments and other Public Authorities are proactively working towards suo-motu disclosure and more information is put on their websites so as to reduce the need for filing RTI applications.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Raju Shetty in the Lok Sabha today.

PIB

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