Central Information Commission
Mr Anil Jauhari vs Department Of Atomic Energy on 31 March, 2014
Central Information Commission
Room No. 306, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066
Web: www.cic.gov.in
CIC/SM/A/2013/000762/SS
Dated:31.3.2014
Name of the Appellant: Shri Anil Jauhari
Name of the Public Authority: Nuclear Power Corporation, Mumbai
Date of Hearing: 26.3.2014
ORDER
1. The appellant is present for the hearing. The respondent was present and heard via video conference. The respondent was represented by Shri SK Srivastava (CPIO), Shri. Y.N Vasudevan (Manager (HR), Shri Ashok Bhavle (Vig.), Shri P.K Sharma (Manager, HR), Shri Yen Vasudevan (Manager, HR), Shri Salim (Sr. Manager, HR) and Smt. Deliala Perera (Dy. Manager).
2. The appellant filed an RTI application dated 30.6.2012 addressed to the CPIO, NPCIL seeking information regarding creation of post of Deputy General Manager (OL) in NPCL, HQ, Mumbai, regarding note-sheet dated 4.7.2008 put up by Shri Mohinder Singh, DGM(HRM).
The CPIO replied vide letter dated 22.8.2012 stating that the information will be provided to the appellant as soon as it is received from the concerned section. The date for inspection was fixed on 26.11.2012 by the CPIO vide letter dated 20.11.2012. The inspection was granted accordingly on 26.11.2012. The appellant filed first appeal dated 1.12.2012 which was disposed off vide orer dated 7.3.2013 wherein the first appellate authority held that the during the inspection the relevant documents were provided to the appellant and that there is no other document available in this regard.
3. The appellant has pressed for the information sought at point no. (iii) (c ) of his RTI application wherein he has mainly sought inspection of the entire documents & proceedings and certified copies of the required documents in relation to SM/DGM post (OL) at HQ Mumbai which has come into existence w.e.f 1.4.2008. During the hearing the appellant further submits that he seeks to inspect the file concerning creation of post for DGM (Official Language) . The respondent submits that all the files on this subject matter has been provided to the appellant for inspection, the respondent sfurther submits as under:
"As directed by the CIC during the hearing held on 26.3.2014 under reference, it is to state that in respect of the point regarding creation of post of DGM (OL) in NPCIL, HQs, Mumbai, the promotion policy of non-technical Executives in NPCIL duly approved by the NPCIL Board of Directors and notified vide HQI-1002A (R-2) provides for operation of 01 (one ) post of SM/DGM (OL) at HQ, Mumbai vide Annexure-10 (copy already provided to the Applicant by the CPIO during the inspection by the Applicant on 26.11.2012.
Accordingly, the post of DGM (OL) was created by upgrading the lower post of SM (OL) with financial concurrence of Director (Finance), NPCIL and with the approval of the Appointing Authority i.e. Chairman and Managing Director, NPCIL (copy of the entire noting containing approval has already been given to the Applicant by the CPIO during the inspection by the Applicant on 26.11.2012."
Accordingly the respondent made submissions during the hearing that there is no separate file other than the file provided for inspection. However, the appellant submits that the copies of documents has not been provided to him.
4. The Commission is of the view that adequate information has been provided to the appellant as held on record by the respondent. The file containing approval of the competent authority for the said post has also been provided to the appellant, however, as the appellant states that the copies of documents were not provided to him, the Commission hereby directs that the said copies of documents as sought by the appellant after inspection dated 26.11.2012 shall be provided to the appellant within ten days from the receipt of this order on payment of fees as per the RTI Act.
The appeal is disposed off accordingly.
Sushma Singh Chief Information Commissioner Authenticated True Copy:
(DC Singh) Deputy Registrar Name & Address of Parties:
1. Appellant:
Mr Anil Jauhari, 604, Riddhi Siddhi Co-operative Housing Society Ltd., Next to Gaikwadnagar Bus Depot, Malad (West), Mumbai - 400095
2. CPIO & Nuclear Power Corporation of India Ltd. , Vikram Sarabhbai Bhawan, Central Avenue Road, Anushakti Nagar, Mumbai - 400094
3. The Outstanding Scientist, Executive Director (R&R) & FAA, Nuclear Power Corporation of India Ltd.
Vikram Sarabhai Bhawan, Central Avenue Road, Anushakti Nagar, Mumbai - 400094 .