Moneylife: Delhi: Friday, 25 July 2025.
In a
stern second appeal order issued by the central information commission (CIC)
last week; the office of the chief commissioner for persons with disabilities
(CCPD), has been pulled up for its failure to respond to an RTI application
concerning reservation in promotion for persons with benchmark disabilities
(PwBDs) in the department of atomic energy (DAE).
RTI applicant A Ramamoorthy had sought information regarding the status of pending cases of reservation in PwBDs at the DAE; the status of the Supreme Court verdict and the department of personnel & training (DoPT) regarding this issue; action taken against DAE officials who failed to address these cases, and cases referred to the DoPT by DAE, if any.
CIC Heeralal Samariya, observed in his order on 17 June 2025, that RTI applicant Ramamoorthy’s request under section 6 of the RTI Act, seeking accountability and transparency regarding the implementation of reservation in promotion of PwBDs in DAE, has been ignored by the central public information officer (CPIO) of the CCPD, despite a year having passed by.
He further noted that there is neither confirmation from the RTI applicant of having received a reply nor any explanation from CPIO Satyajeet Prakash, as to why the response had been delayed for so long.
CIC Samariya has directed CPIO Prakash to provide the required information to RTI applicant Ramamoorthy and has also asked him to submit a written explanation accounting for the inordinate delay in providing the information.
CIC Samariya noted in his order that he views it “as a wilful obstruction to the flow of information under the RTI Act.” Hence, the CPIO has been asked to comply with both the directives and also submit a compliance report. CIC Samariya has sternly concluded that failure to do so “will invite appropriate action as per the provisions of the law.”
In a very studied requisition under the RTI Act, RTI applicant Ramamoorthy filed his RTI application on 21 December 2023 and sought the following information:
The Supreme Court order in the Siddaraju case as per Rights to Persons with Disabilities Act 2016
In the Siddaraju case, the Supreme Court affirmed the right to reservation in promotion for persons with disabilities, aligning with the Rights of Persons with Disabilities Act, 2016 (RPwD Act). The court held that the 1995 Act, along with the 2016 Act, mandates reservations for disabled individuals in promotions, overturning previous interpretations that restricted such reservations. The court also directed the Central government to issue specific instructions for implementing these reservations.
RTI applicant A Ramamoorthy had sought information regarding the status of pending cases of reservation in PwBDs at the DAE; the status of the Supreme Court verdict and the department of personnel & training (DoPT) regarding this issue; action taken against DAE officials who failed to address these cases, and cases referred to the DoPT by DAE, if any.
CIC Heeralal Samariya, observed in his order on 17 June 2025, that RTI applicant Ramamoorthy’s request under section 6 of the RTI Act, seeking accountability and transparency regarding the implementation of reservation in promotion of PwBDs in DAE, has been ignored by the central public information officer (CPIO) of the CCPD, despite a year having passed by.
He further noted that there is neither confirmation from the RTI applicant of having received a reply nor any explanation from CPIO Satyajeet Prakash, as to why the response had been delayed for so long.
CIC Samariya has directed CPIO Prakash to provide the required information to RTI applicant Ramamoorthy and has also asked him to submit a written explanation accounting for the inordinate delay in providing the information.
CIC Samariya noted in his order that he views it “as a wilful obstruction to the flow of information under the RTI Act.” Hence, the CPIO has been asked to comply with both the directives and also submit a compliance report. CIC Samariya has sternly concluded that failure to do so “will invite appropriate action as per the provisions of the law.”
In a very studied requisition under the RTI Act, RTI applicant Ramamoorthy filed his RTI application on 21 December 2023 and sought the following information:
- Details of all cases currently pending before the court of the chief commissioner for persons with benchmark disabilities that involve the department of atomic energy. The cases in question pertain specifically to the implementation of reservation in promotions for PwBDs for the posts of assistant and assistant personnel officer conducted in 2022.
- Status of all cases pending before the chief commissioner for persons with disabilities following the landmark Supreme Court judgment in the Siddaraju vs State of Karnataka case.
- Status of implementation of the department of personnel and training (DOPT) oofice circulars of 17 May 2022, and 27 September 2022; post the SC ruling, directing the right to reservation in promotions for PwBDs.
- Action against DAE cadre officers who allegedly failed to implement the DOPT instructions.
- List of cases that have been referred by CCPD to the DoPT regarding departments that have failed to enforce reservation in promotions for PwBDs even after the DOPT’s circulars.
The Supreme Court order in the Siddaraju case as per Rights to Persons with Disabilities Act 2016
In the Siddaraju case, the Supreme Court affirmed the right to reservation in promotion for persons with disabilities, aligning with the Rights of Persons with Disabilities Act, 2016 (RPwD Act). The court held that the 1995 Act, along with the 2016 Act, mandates reservations for disabled individuals in promotions, overturning previous interpretations that restricted such reservations. The court also directed the Central government to issue specific instructions for implementing these reservations.
.JPG)
.JPG)
