Central Information Commission
Kamal Dhingra vs Csir-Hrdg, New Delhi on 15 June, 2023
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क ीय सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका,
नरका नई द ली - 110067
Munirka, New Delhi-110067
File no.: CIC/CHRDG/C/2022/653614 + Ors
(Annexure)
In the matter of
Kamal Dhingra
... Complainant
VS
1. CPIO
Human Resources Development Group,
Council of Scientific and Industrial Research
CSIR Complex, Opp. Institute of Hotel Management
Library Avenue,
Pusa, New Delhi - 110012
2. CPIO,
Council of Scientific and Industrial Research
Library Avenue, Pusa,
New Delhi-110012
3. CPIO,
Council of Scientific and Industrial Research
Anusandhan Bhawan, Rafi Marg,
New Delhi-110001
... Respondents
File No. RTI Application CPIO Reply First Appeal FAA's Order Second dated dated filed on dated Appeal file no.
653614 15/07/2022 21/07/2022 26/08/2022 Not on 05/10/2022
16/08/2022 record
653615 11/07/2022 24/08/2022 11/08/2022 Not on 05/10/2022
record
654626 28/07/2022 24/08/2022 26/08/2022 Not on 11/10/2022
record
654643 27/06/2022 24/08/2022 26/08/2022 Not on 11/10/2022
record
1
654707 28/06/2022 24/08/2022 26/08/2022 Not on 11/10/2022
record
655374 22/07/2022 24/08/2022 26/08/2022 Not on 14/10/2022
record
658888 22/08/2022 22/09/2022 22/09/2022 04/11/2022 05/11/2022
658894 16/08/2022 14/09/2022 17/09/2022 19/10/2022 05/11/2022
658916 16/08/2022 14/09/2022 17/09/2022 19/10/2022 06/11/2022
664906 08/09/2022 26/10/2022 22/10/2022 04/11/2022 03/12/2022
604169 07/11/2022 02/12/2022 05/12/2022 Not on 03/12/2022
record
The following were present:
Complainant: Present over VC
Respondent: S.A Hasan, Chief Scientist and CPIO, present over VC at CIC Information Sought:
File no.: CIC/CHRDG/C/2022/653614 The Complainant has sought the following information for point no. 1, 2 and 3 of the RTI application:
1. Provide details of original software of MS-office and details of version of Windows installed in all computers of CSIR Complex clearly mentioning Sl. No. of computer, room no., date of purchase of official software (key) for MS Office and Windows, amount paid.
2. From 16.2.2022 to 17.06.2022 in r/o Dr.(Mrs.) Geetha Vani, Head HRDG, according to AEBAS, provide days of absence and type of leave applied for the days of absence clearly indicating date of application of leave applied on the CSIR ERP system.
3. The appellant has stated that during the tenure of Dr. Anjan Ray, many regular employees were sent home on long leave for not wearing mask and employees were forcefully directed to give month long/ half month earned leave application. Provide information under what Govt order/rules, the said employees were forcefully ordered to give application for month long/half month earned leave. Provide the name of the officer who forcefully demanded earned leave application from the said employees.
File no.: CIC/CHRDG/C/2022/653615 The Complainant has sought the following information for point nos. 4 - 10 of the RTI application:
4. A reference has been made to attendance shortfall of Dr.(Mrs.) Geetha Vani, Head HRDG from 16.2.2022 to 17.06.2022 as per CSIR order NO. 8-6(2)-2
2014/Security dated 20.1.2016. With regard to the same, provide shortfall details (week-wise) by calculating from the AEBAS system. Also provide details of leave deducted in r/o of Dr.(Mrs.) Geetha Vani by following CSIR order No. 8-6(2)-2014/Security dated 20.1.2016. Also provide total shortfall in attendance in r/o of Dr. (Mrs.) Geetha Vani from 16.2.2022 to 17.06.2022 as per CSIR order NO. 8-6(2)-2014/Security dated 20.1.2016.
5. Provide names of JRF/SRF/RA appointed by Dr. Geetha, Head HRDG in EMR-2 schemes since her joining. Provide complete list i.e. name of JRF/SRF/RA, name of PI, file no., scheme name, date on which appointment letter is issued, date from which JRF/SRF/RA is appointed. Provide all files of EMR-2 division related to the said appointments. If any file of EMR-2 division has been signed with the remarks "as a special case" or if any condonation given to any PI in a particular matter of EMR-2 by Dr. (Mrs.) Geetha Vani? Provide full details. Also provide copies of the notings recorded in this regard.
6. Provide details of expenditure incurred on the renovation at CSIR Complex since 01.01.2016. Provide full details of renovation done, like what has been renovated, total cost of renovation per work award carried out, name and address of contractor, total no. of tenders received for each renovation work, full details of tenders received, award of tender details, selection criteria of tender as per renovation, items changed/renovated with full details, date of start of renovation work, completion date of renovation work. 7 to 10. And other related information.
File no.: CIC/CHRDG/C/2022/654626 The Complainant has sought the following information for point nos. 1, 4, 5, 8
- 15 & 19:
1. In respect of CSIR Hqrs and CSIR Complex provide details of all the staff car maintenance bills passed from 1st January, 2010 to 19th March, 2020.
4. In respect of CSIR Hqrs and CSIR Complex provide details of all the renovation bills passed in r/o renovation done from 1st January, 2010 to 19th March, 2020.
5. In respect of CSIR Hqrs and CSIR Complex provide details of all the bills paid/reimbursed in r/o of food items purchased from outside from 1st January 2010 to 19th March, 2020.
8-15 & 19. And other related information.
File no.: CIC/CHRDG/C/2022/654643 The Complainant has sought the following information for point nos. 7, 10 and 11 of the RTI application:
37. Provide reasons for non- payment of TA bill in respect of Lok Sabha Election duty -2019 & Delhi Legislative Assembly Election, 2020 to the employees of CSIR Complex and CSIR Hqrs as per Election Commission of India order No. F.20/19/2013/AC/JS FIMA/893-897 dated 29.03.19 & Order No. 218/4/96/PLN-IV dated 09.02.96.
10. Provide details of junk items kept in the Club room of CSIR Complex clearly mentioning item name, date of purchase, price paid to procure it, date when the same has been declared junk.
11. Provide reason for not clearing junk items thereby violating the Swachh Bharat Mission of the Hon'ble Prime Minister.
File no.: CIC/CHRDG/C/2022/654707 The Complainant has sought the following information for point nos. 5, 8, 12, 13, 14, 15.
5. Give confirmation relating to the guidelines/rules followed in CSIR Hqrs. and CSIR Complex in r/o the Swachh Bharat Mission of the Hon'ble Prime Minister.
8. Provide details of the Record Retention Schedule guidelines of the Govt. of India followed and implemented in CSIR Hqrs, CSIR Complex and HRDC Ghaziabad.
12. As per CSIR order NO. 8-6(2)-2014/Security dated 20.1.2016, from 20.1.2016 to 28.02.2020, provide details of all the employees of CSIR HQ and CSIR Complex who have marked their attendance only once in a day. Provide details of leave deducted clearly mentioning name of the employee, date on which he marked attendance only once and leave deducted. 13 to 15. And other related information.
File no.: CIC/CHRDG/C/2022/655374 The Complainant has sought the following information for point nos. 1 to 5 & 7 of the RTI application:
1. Provide details of Laptops allotted to staff of CSIR Complex. Provide copy of policy of allotment of laptops to staff. Provide No. of laptops including gaming laptops (if any) purchased by CSIR giving full technical specifications of the laptop, date of purchase, price paid, etc.
2. Provide copies of expenditure bills related to conduct of CSIR-UGC exam submitted for reimbursement by Co-ordinators of all centres in India from 2010 to 2018. Give heads under which expenditure was shown/claimed and amount reimbursed.4
3. Provide details of audit done on number of expenditure bills of coordinators submitted to CSIR for reimbursement from 2010 to2018. Also provide copies of all the audit reports.
4,5 and 7. And other related information.
File no.: CIC/CHRDG/C/2022/658888 The Complainant has sought the following information with reference to CSIR HRDG letter No.30-1(0067)/2022-RTI dated 15-07-2022:
1. Provide full details of the expenditure indicating all heads under which the same has been incurred from the FY 2009-10 to 2017-18.
2. In r/o CSIR Hqrs, give full details and copies of telephone bills in respect of which ISD amount has been paid by CSIR from 2007 to 2012.
3. Provide full details and copies of telephone bills for the entire tenure of Shri S.K. Brahmachari, the then DG, CSIR and Dr. Shekhar Mande, CSIR Hqrs.
4. And other related information.
File no.: CIC/CHRDG/C/2022/658894 The Complainant has sought the following information on points 10, 12, 13 and 20 of the RTI application:
10. Provide copies of the bills paid in respect of the food items purchased from outside during period from 01-01-2003 to 31-12-2009 at CSIR HQ and CSIR Complex.
12. Provide detailed information and copies of bills submitted by the Inspecting Officers for adjustment / reimbursement in respect of CSIR - UGC NET examination for the period from 01-01-2003 to 31-12-2006.
13. Provide detailed information and copies of bills submitted by the Coordinators for adjustment / reimbursement in respect of CSIR - UGC NET examination for the year 2003 and for the period from 01-01-2008 to 31-12- 2009.
20. And other related information.
File no.: CIC/CHRDG/C/2022/658916 The Complainant has sought the following information in respect of point 5 of the RTI application:
5. Provide copies of bills submitted by the Coordinators for adjustment / reimbursement in respect of CSIR - UGC NET examination for the period from 2010 to 2018.5
File no.: CIC/CHRDG/C/2022/664906 The Complainant has sought the following information on point no. 4 of the RTI application:
4. Provide details of total amount released by EMR-1 and EMR-2 Division during the period from January, 2020 to February, 2020 (2 months). Provide copies of all the authenticated documents which confirm the release of the said amount. Also provide copies of notings which show release of the said amounts.
File no.: CIC/CHRDG/C/2023/604169 The Complainant has sought the following information:
1. Provide details of (domestic + foreign) tours and all copies of tour programme approved in r/o Dr. S.K. Brahmachari, Sh. K.S. Vaidheeswaran, former JS(A), Dr. Shekhar Mande, for their tenure at CSIR Hqrs. Provide copies of TA/DA bills claims submitted by them in r/o of the said tours. Also provide said details in r/o Dr. Geetha Vani, Head HRDG.
2. Provide names of officers who have been working on a particular seat for more than 5 years. Provide copies of internal transfer orders issued in CSIR Hqrs and CSIR Complex during the last 5 years.
3. Provide details of laptops issued to all the employees of CSIR Hqrs and CSIR Complex. Provide copies of receipt for receiving the laptop. Copy of criteria/policy/rules followed in allotment of laptops to the employees of CSIR Hqrs and CSIR Complex. Total no. of gaming laptops purchased in CSIR Hqrs/ CSIR Complex since 2007. Provide copies of bills for purchase of gaming laptops. Copy of approved criteria/policy for purchase of laptops.
4. And other related information.
Grounds for Complaint The CPIO did not provide the desired information. Submissions made by Complainant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO and his RTI applications are required for greater transparency in the functioning of the organisation.
The CPIO reiterated the written submissions dated 12.06.2023. The CPIO pointed out that since the day the complainant was posted to Chandigarh he started to file RTI applications seeking information on almost 150 questions. The same shows his grievance towards the organisation and no public interest in seeking such voluminous information.6
Observations:
The RTI applications listed above were all duly replied to by the CPIO. Moreover, as discussed during the hearing the complainant is an aggrieved employee and is harassing the public authority by filing a series of RTI applications where he seeks all and sundry information which are not only voluminous but also cover very large period of time . The written submissions dated 12.06.2023 of the CPIO enumerated a detailed description of the motive of the employee cum applicant in filing so many RTI applications. Keeping in view the same, the Commission finds these complaints unjustifiable and clearly a misuse of the RTI Act.
Decision:
The Commission observed that the present complaints were filed under Section 18 of the RTI Act, 2005 where the Commission was only required to ascertain if the information has been denied with a malafide intent or due to an unreasonable cause or under any other clause of Section-18. Since records of the case do not indicate any such deliberate denial or concealment of information on the part of the CPIO, the Commission concluded that there was no cause of action which would necessitate action under the provisions of the Section 20(1) of the RTI Act, 2005 in the instant complaints. It is also relevant to mention here that identical RTI applications in respect of case no. CIC/CHRDG/C/2022/658894, CIC/MOSAT/A/2022/644049, CIC/CHRDG/C/2022/654707 and CIC/CHRDG/C/2022/664906 were already heard and disposed of on 18.05.2023 vide case nos. CIC/CSIRD/C/2022/658906, CIC/CHRDG/C/2022/647906, CIC/CSIRD/C/2022 /649769 and CIC/CSIRD/C/2022/664920. In view of the same, those cases are considered infructuous. No action is required on these complaints.
The complaints are disposed of accordingly.
वनजा एन.
Vanaja N. Sarna (वनजा एन सरना) सरना सूचना आयु ) Information Commissioner (सू 7 Authenticated true copy (अिभ मािणत स यािपत ित) A.K. Assija (ऐ.के . असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 8 File Annexure S. No File No. 1 CIC/CHRDG/C/2022/653614 2 CIC/CHRDG/C/2022/653615 3 CIC/CHRDG/C/2022/654626 4 CIC/CHRDG/C/2022/654643 5 CIC/CHRDG/C/2022/654707 6 CIC/CHRDG/C/2022/655374 7 CIC/CHRDG/C/2022/658888 8 CIC/CHRDG/C/2022/658894 9 CIC/CHRDG/C/2022/658916 10 CIC/CHRDG/C/2022/664906 11 CIC/CHRDG/C/2023/604169 9