Information sought under rti regarding exam conducted not recieved - am i right in my follow up
loyolagbabu
(Querist) 13 November 2014
This query is : Resolved
Dear Experts,
I gave a exam for a post in a Central Government Organisation.I have done extremely well and was expecting a score of above 85 - 90 (out of 100) and was confident of clearing the exam unless the cut off goes more than 90. But in the written result my name was not available and I was shocked to see the cut off at 70. I am 99% sure that I would have not scored even less than 80 as there was no negative marks.
I filed an RTI by the end of September seeking copy of my OMR sheet, question paper, official key and detailed marks of all the selected candidates. But even after 45 days of receipt the PIO didn't provide the information which sought. I tried to contact the PIO via phone and mail to know the status by all my attempts were in vain. I already had doubt that something has gone wrong and now the silence of PIO in giving the information doubles or even confirms my doubt.
As I didn't receive any reply from the PIO, I have directly filed an appeal to the CIC to direct the PIO to provide information and punish with fine for his negligence.
Now my doubt is,
What if the PIO mentions that he sent by normal post which I cannot prove that I didn't receive unlike speed post or register post.
The interview falls in another 10 days and the decision from CIC might take a maximum of 90 days during which the entire process of recruitment would have completed.
Thirdly, the organisation is in Hyderabad. Can I file a writ in Chennai High Court? or should I have to go to CAT instead of court?Should it be filed in Hyderabad only?
I will be thankful if the experts provide me advice about how to proceed further and whether I am on right track.
Thank You
Sudhir Kumar, Advocate
(Expert) 14 November 2014
"What if the PIO mentions that he sent by normal post which I cannot prove that I didn't receive unlike speed post or register post."
What makes you to presume this. Even if the reply has been sent by ordinary post which you did not receive (normally no PIO is taking such risk) still they have to provide copy of the same.
Sudhir Kumar, Advocate
(Expert) 14 November 2014
"The interview falls in another 10 days and the decision from CIC might take a maximum of 90 days during which the entire process of recruitment would have completed."
CIC hs no jurisdiction to provide you remedy for any grievance. It has a mandate of providing information to you and act as per laid framework. You cannot do anything on this aspect.
Sudhir Kumar, Advocate
(Expert) 14 November 2014
Thirdly, the organisation is in Hyderabad. Can I file a writ in Chennai High Court? or should I have to go to CAT instead of court?Should it be filed in Hyderabad only?
Ans :CAT Hyderabad.
Rajendra K Goyal
(Expert) 14 November 2014
You have directly sent the first appeal to CIC while first appeal is to be forwarded to appellate authority.
CIC has burden of appeals, it may take 6 months to one year and even more to have hearing in the matter.
CIC or PIO can give you no relief agree with the expert.
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
I agree with expert Mr. Sudhir Kumar's views on the subject query,nothing more to add.
