Delhi HC stays CIC's order for inquiry into irregularities in DSSSB exam
Aug 08, 2024
New Delhi [India], August 8 : The Delhi High Court on Thursday stayed the order passed by the Chief Information Commission (CIC) directing an inquiry into alleged irregularities and impersonation during an examination conducted by the Delhi Subordinate Services Selection Board (DSSSB).
The board has challenged the order passed by the CIC on September 14, 2022. CIC had passed the order on the appeal of one Mahavir Singh.
Justice Sanjeev Narula issued a notice to respondent Mahavir Singh. The matter has been listed on October 21, 2024.
Respondent Mahavir Singh moved an RTI application and sought the information regarding a candidate's Roll No. and his address. This information was denied to him, after which he took the matter upto the CIC.
On September 14, 2022, the CIC directed the petitioner (DSSSB) to conduct an inquiry into the irregularity alleged by the respondent (Mahavir Singh) in the said examination, regarding the improper modes used during the examination and take appropriate action against the erring personnel.
During the hearing on Thursday, advocate Avnish Ahlawat, counsel for DSSSB argued that such a direction is beyond the scope and ambit of the Right to Information Act, 2005.
She further argued that as per the scheme of the Act, the jurisdiction of the CIC is only to investigate whether the information sought by the respondent has been provided or not, and the CIC could not have directed an inquiry, as has been done in the present order.
After hearing the submissions, the bench issued notice to Mahvir Singh and said, "For the foregoing reasons, till the next date of hearing, the impugned order dated 14th September 2022 shall remain stayed."
On February 14, 2024, the predecessor bench granted two weeks' time to DSSSB to file an affidavit indicating whether any inquiry was conducted pertaining to the complaint of the Respondent and the steps taken by the Board to check impersonation of candidates in the examination conducted by the Board.
