Disclosure of deliberation of dpc under rti act
surjit singh
(Querist) 27 September 2013
This query is : Resolved
Departmental Promotion Committee meeting held on and thereafter the deliberation sent to Department of Personal and Training, for consideration. The date and name of the person presided over the DPC has been disclosed but has refused to disclosed the deliberation of the DPC as confidential because of its pending consideration.
My query is under which rule and provision the said deliberation of the DPC can be termed as confidential before the approval.
Sudhir Kumar, Advocate
(Expert) 27 September 2013
your decision is not protected by section 8 of the RTI Act. Mere classification of a document as confidential and mere its being under consideration is no ground to deny information.
surjit singh
(Querist) 28 September 2013
What about the wording used as "other officers" in sub section 1(i) of Section 8 of the RTI Act.
Sudhir Kumar, Advocate
(Expert) 28 September 2013
you mean
"(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:"
I am sorry if DPC is being considered at par with cabinet papers then I am yet to learn so much from you.
By the way what clause have you quoted for denying the information.
Rajendra K Goyal
(Expert) 28 September 2013
Well advised by the expert Sudhir Kumar ji. Nothing more to add.
K.S.Srinivas
(Expert) 28 September 2013
DPC minutes are to be disclosed as per the following decision of the CIC:-
As per the Decision No 5566/IC(A)/2010, F. No. CIC/MA/A/2010/000338 Dated 25-06-2010 Departmental promotion committee minutes shall be communicated.
surjit singh
(Querist) 28 September 2013
Mr Sudhirji, I tried to make a meaning of the word "Other Officers" irrespective of the word "Cabinet Paper", because the CPIO has denied the information saying the disclosure of deliberation of DPC is exempted from being disclosed, whereas the CIPO has not mentioned the section under which it is exempted from being disclosed.
I thank Mr K.S.Srinivas for posting.
Isaac Gabriel
(Expert) 29 September 2013
Section 8(1)(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
This clause is pointed out for non disclosure nof informations
surjit singh
(Querist) 30 September 2013
No, the CPIO has just mentioned the deliberation of the DPC is confidential which cannot be disclosed at present.
