Central Information Commission
Tejinder Kaur vs Ministry Of Women & Child Development on 29 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/MOWCD/A/2023/120891
Tejinder Kaur .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Ministry of Women & Child
Development, Jeevan Tara
Building, Parliament Street,
New Delhi - 110001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 22.08.2024
Date of Decision : 28.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 26.09.2022
CPIO replied on : 27.01.2023
First appeal filed on : 26.12.2022
First Appellate Authority's order : 30.01.2023
2nd Appeal/Complaint dated : 08.05.2023
Information sought:
The Appellant filed an RTI application dated 26.09.2022 seeking the following information:Page 1 of 9
"(i) inspection of File on which representations of Dr. Tejinder Kaur dated 11.2.21, 15.2.21, 24.2.21, 23.8.21, 27.6.21, 7.8.22, 16.2.19, 22.7.19, 30.8.19, 5.3.20, 18.8.20, 15.9.20,16.10.20, 19.10.20, 20.10.20, 28.12.19, 19.2.20 and photocopies of relevant pages therefrom;
(ii) Photocopies of the following may please be provided:-
(a) Letter dated 28.3.2019, issued from F.No.13/3/2019-NIP;
(b) Report of Shri Moses Chelai, ex-Addl. Secy in MWCD & CVO, Report of Ms. Vandana Thapar, JD/RD & VO, NIPCCD related to missing Special Performance Report of Dr. Tejinder Kaur generated in June, 2016 and processing of these reports and action taken, outcome/decision thereupon."
The CPIO furnished a reply to the Appellant on 27.01.2023 stating as under:
i. Inspection of e-files related to following records Information and copies of relevant pages therefrom S.No. Representat Subject of Inspection ion Dated 1 11.02.2021 Request to put an end to Comments of NIPCCD on the harassment of the matter were sought vide letter undersigned by NIPCCD, dated 11.03.2021 (Annexure 1).
caused due to non-
compliance of Government
of India's instructions in
respect of cases of officers
declared to be under-posting
and request for directions to
pay the pay and allowances
to the undersigned as per
afore-said Government
instructions for the year
2019,2020 and till such time
that the posting of the
undersigned is decided and
the undersigned joins such
post
2 15.02.2021 Request to consider the Representation was forwarded
period stated by Director, to NIPCCD vide letter dated
NIPCCD in the case of the 30.03.2021 (Annexure II) to
undersigned of being under examine request of Dr. Tejinder
posting and up to the time Kaur in accordance with rules..
Page 2 of 9
the undersigned is given a
posting as requested on
29.8.2019, as period of
"compulsory wait" and be
declared as duty, in
accordance with Govt. of
India's instructions in respect
of cases of officers declared
to be under-posting and the
service matters of the
undersigned for the period of
being under-posting be
regulated accordingly-reg
3 24.02.2021 Request to order issuance of Representation was forwarded posting orders in my favour to NIPCCD vide letter dated against the vacant post of 17.03.2021 to sent appropriate JD(CD) or vacant post of JD reply to her representation (WD) in NIPCCD Hqrs, New (Annexure III).
Delhi and request to reject Minutes of DPC meeting held on 13.08.2020 in respect of 2 posts of Additional Directors in NIPCCD.
4 23.08.2021 No such dated Representation received in Ministry. However, information may be available with NIPCCD. RTI application is being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant. 5 27.06.2021 No such dated Representation received in Ministry. However, information may be available with NIPCCD. RTI application is being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant. 6 07.08.2022 No such dated Representation received in Ministry. However, information may be available with NIPCCD. RTI application is being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant. 7 16.02.2019 No such dated Representation received in Ministry. However, information may be available with NIPCCD. RTI application is being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant. 8 22.07.2019 No such dated Representation received in Ministry. However, information may be available with NIPCCD. RTI application is being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant. 9 30.08.2019 Request to direct convening Details on representation was Review Screening Committee requested from NIPCCD vide Page 3 of 9 Meeting to grant 1 st letter dated 15.01.2021 financial (Annexure IV).
upgradation under ACP Scheme to Dr. Tejinder Kaur w.e.f September, 2002, grant the already recommended 2nd financial upgradation under MACP Scheme to Dr. Tejinder Kaur w.e.f September, 2010, pay arrears of 7 CPC and pending pay & allowances for duty period & paid leave period amounting to more than Rs.
50 lakhs.
10 05.03.2020 No such dated Representation received in Ministry. However, information may be available with NIPCCD. RTI application is being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant.
11 18.08.2020 Representation of Dr. Representation was forwarded
Tejinder to NIPCCD vide letter dated
Kaur, JD NIPCCD dated 18-8- 09.09.2021 and reminder
2020 is relating to request to (Annexure V) to provide promote her to post of comments on the Additional Director in representation.
NIPCCD and till such time allow her to work at New Delhi in post of Joint Director, NIPCCD and request to apply Transfer Guidelines in case of Dr. Rita Patanaik, Deputy Director due for promotion as JD/RD (representation dated 29.8.2020) and relating to request to take a decision to post Dr. Tejinder Kaur, JD, NIPCCD in a Programme Division of NIPCCD 12 15.09.2020 No such dated Representation received in Ministry. However, information may be available with NIPCCD, RTI application is being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant. 13 16.10.2020 No such dated Representation received in Ministry. However, information may be available with NIPCCD, RTI application is Page 4 of 9 being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant. 14 19.10.2020 No such dated Representation received in Ministry. However, information may be available with NIPCCD, RTI application is being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant. 15 20.10.2020 Request to set aside the NIPCCD was requested to take wrong claim of Director, action vide letter dated 11.6.21 NIPCCD, communicated vide on directions of the Hon'ble CAT letter dated 7.7.2020, by dated 25.07.2018 (Annexure VI) mis-stating that my services in OA No. 1110/2018.
in the Institute prior to 12.10.2018 stand forfeited on account administrative order dated 5.12.2018, in gross contravention of Administrative Rules & Govt.
of India's Instructions including FR-17. there under, 16 28.12.2019 No such dated Representation received in Ministry. However, information may be available with NIPCCD. RTI application is being transferred to NIPCCD under section 6 (3) of RTI Act for providing information directly to the applicant. 17 19.02.2020 Wrongful withholding of NIPCCD was requested vide medical claim bill submitted letter dated 15.02.2021 on 3.7.2019 by the (Annexure VII) to settle pending undersigned for medical medical claim of Dr. Tejinder service availed by my Kaur in adherence to Medical dependent father at Rules of NIPCCD.
Government Hospital in Indore during June, 2019 and its non-payment-regarding.
(ii) Photocopies of the following may please be provided:
a Photocopies of letter dated 28.03.2019, This document is denied under issued from F.No. 13/3/2019-NIP section 8(h) of RTI Act 2005. b Report of Shri Moses Chelai, ex-addl. Secy Report of Shri Moses Chelai, ex-
in MWCD & CVO, Report of Ms. Vandana Addl Secy, MWCD is not found Thapar, JD/RD & VO, NIPCCD relating to in NIA Division. missing Special Performance Report of Dr. However, Report may be Tejinder Kaur generated In June, 2016 and available with Vigilance processing of these reports and action Division, MWCD. Accordingly, taken, outcome/decision thereupon. RTI is transferred to Vigilance Division for providing information under section 6 (3) of RTI Act, 2005.Page 5 of 9
As regards, Inquiry Report of Ms. Vandana Thapar, since the Investigation is not concluded, this document is denied under Section 8(h) of RTI Act 2005.
Being dissatisfied, the appellant filed a First Appeal dated 26.12.2022. The FAA vide its order dated 30.01.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Mr. Ashok Kumar Verma, US and CPIO, MoWCD, New Delhi accompanied by Dr. S Barik, Joint Director, NIPCCD and Ms. Naveeda Khatoon, NIPCCD, New Delhi present in person.
A written submission dated 14.08.2024 filed by Mr. Ashok Kumar Verma, US and CPIO, MoWCD, New Delhi is taken on record, wherein he stated as under-
"...this Ministry has already sent a point wise suitable reply to the applicant vide letter even no. NIP-15/1/20-23-NIP dated 27th January, 2023 (copy enclosed).
2. It is submitted that the information sought by the applicant Dr. Tejinder Kaur is also concerned with National Institute of Public Cooperation and Child Development (NIPCCD)..."
Appellant expressed her dissatisfaction with the CPIO's reply on the following arguments-
"...(i) That PIO is willfully and deliberately not providing the above-stated information sought by Appellant, in terms of inspection of files/records and copies of identified information in hard/soft form, in order to prevent Appellant from getting relief in her service matters under reference and the First Appellate Authority is wrongly protecting such illegal action of CPIO by siding with her, as he is equally responsible for inaction in these matters, on the administrative side, being her immediate supervisor in administrative hierarchy;Page 6 of 9
(ii) That the CPIO has willfully & deliberately furnished false/ factually incorrect/ information by stating that representations were not received in Ministry in cases where these were e-mailed or were speed-posted & delivered and are actually available as e-receipts with NIA Section or as part of e-files in e-office as partly processed cases, without being submitted to Secretary (WCD)- cum-Vice-
Chairperson, NIPCCD for disposal in all the cases mentioned in Application dated 26.9.2022, under influence of officers in NIPCCD administration;
(iii) that the information sought by Appellant but denied by CPIO, falls in public domain and cannot be denied in the manner attempted by her;
(iv) that the information pertains to service matters and representations made by Applicant and is being denied to obstruct Applicant from securing justice in her pending service matters and to shield mischievous officers of NIPCCD and therefore, such denial of inspection and copies relevant records by CPIO and FAA is not bonafide;
(v) that by not allowing inspection of relevant files/records, a malafide attempt is being made by CPIO and FAA to shield officers in NIPCCD administration and the own inaction of officers within NIA Section and NIA Bureau.
(vi) that the representations of the undersigned addressed to Secretary(WCD)-cum- V.C., NIPCCD and sent to him through e-mail or through Speed-post have been wrongly denied by CPIO on account of malafides, by falsely claiming that no such representations received in Ministry and even when these representations have been forwarded by senior officers of Ministry to NIA Section of MWCD and many of these have been forwarded to Director, NIPCCD through e-files in e-office system, which are also available with NIA Section but have been dishonestly denied, to cover-up long-standing inaction of NIA Section and NIA Bureau under influence of officers in NIPCCD Administration, when the matters were required to be placed before Secretary(WCD)-cum-V.C., NIPCCD, as these related to inaction or wrongful action of Director, NIPCCD and were within the competence of Secretary(WCD)- cum-V.C., NIPCCD only.
(vii) that even the representations which have been processed by MWCD on file, have been falsely claimed to have not been received in the Ministry, which goes to prove that CPIO is guilty of not only delaying the processing of the RTI Application dated 26.9.2022, delivered on 27.9.2022 upto 27.1.2023 (by 4 months) but also in willfully and deliberately denying information by denying possession of information available with NIA Section, as per records of MWCD and FAA is guilty of shielding misconduct of CPIO by having passed an arbitrary, non-speaking order disposing off of the Appeal dated 30.1.2023 and that too, without conducting a hearing of the Appeal."
Appellant while inviting attention of the Commission towards the contents of this Appeal contended that plea of Respondent regarding non-receipt of representation under reference is totally wrong and not acceptable in view of the fact that these representations were sent through email and also there were computer generated ID and notings issued/reflecting the officers amongst which it was forwarded which were shown by the Appellant during Page 7 of 9 hearing and the same is taken on record. She further contended that information was malafidely denied by the CPIO to deprive the Appellant of the entitled benefits of her salary and HRA which were arbitrarily withheld by the Respondent organization. She prayed the Commission to direct the Respondent to facilitate offer of inspection of relevant records.
Mr. Ashok Kumar Verma, US and CPIO, MoWCD, New Delhi reiterated the contents of initial reply and stated the representation under reference were not available in their officer. However, at the behest of the Commission, he volunteered to make one more exercise to trace their office records upon receipt of relevant diary No./receipt ID from the Appellant and afford opportunity of inspection to the Appellant.
Dr. S Barik, Joint Director, NIPCCD, New Delhi stated the Appellant is a disgruntled RTI applicant and officer who created nuisance while working with their organization, therefore, she was transferred to Indore Office in 2016, however, she did not join there and started filing frivolous representations. Later on, after two years she joined the Indore office from where she was again transferred to Bengaluru office of NIPCCD. The appellant even dragged the Respondents to Hon'ble CAT and Hon'ble High Court.
Decision:
The Commission after adverting to the facts and circumstances of the case and in furtherance of hearing proceedings, directs the Respondent to make one more effort to check their office records vis-a-vis the representation for which the Appellant has sought information and if the same is not found in their office, then Appellant may be informed.
For said purpose, the Appellant is advised to submit complete documents before the Respondent Public Authority in support of her averments, within one week from the date of receipt of this order. On receipt of the same, the Respondent is directed to afford one more opportunity of inspection of records to the Appellant pertaining to point No. 1 of RTI application on a mutually decided date and time within four weeks from the date of receipt of this order. Intimation of date and time should be sent to the Appellant well in advance in writing. Copy of records as may be desired by the Appellant be provided upon receipt of requisite fees as per RTI Rules. While complying with the directions, the CPIO is further directed to take acknowledgement from the Page 8 of 9 Appellant on the list of records etc. inspected by her. Information which are exempt as per the RTI Act may be redacted/severed.
First Appellate Authority to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Ministry of Women & Child Development A-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi -110001 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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