Central Information Commission
Shri.Jag Mohan Sharma vs Department Of Space on 30 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
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Decision No. CIC/SM/A/2010/001407/SG/14366
Appeal No. CIC/SM/A/2010/001407/SG
Relevant facts emerging from the Appeal:
Appellant : Mr. Jag Mohan Sharma
CL 01116, Semi-Conductor Laboratory (SCL),
Sector 72, Phase- VIII, Industrial Area,
Mohali, District- S.A.S. Nagar,
Punjab-160071.
Respondent (1) : Mr. S. Satish
PIO & Director ISRO-Department of Space Antariksh Bhawan, New Bel Road, Bangalore (2) : Mr. Ravindra Saxena, PIO & Scientist Semi-Conductor Laboratory (SCL), Sector-72, Phase-VIII, S.A.S. Nagar (Mohali), Punjab-160071.
RTI application filed on : 04/03/2010
PIO replied on : 07/04/2010; 22/04/2010; 10/05/2010;
28/05/2010; 02/07/2010
First Appeal filed on : 29/06/2010
First Appellate Authority order on : Not mentioned.
Second Appeal received on : 05/10/2010
Information Sought
1. On 18.02.2010, the Chairman, SCL MC or the Secretary DOS or the Chairman, ISRO has visited SCL along with his wife but the wife has not entered SCL premises, therefore, kindly provide the actual cost incurred by SCL for the visit of the Chairman, SCL MC or the Secretary DOS or the Chairman ISRO on 18.02.2010 & 19.02.2010 with break-up of each and every expense.
2. On 18.02.2010, the Chairman, SCL MC or the Secretary DOS or the Chairman ISRO has visited SCL alongwith his wife but the wife has not entered SCL premises, therefore, kindly provide the actual cost incurred by SCL for the wife of the Chairman, SCL MC or the Secretary DOS or the Chairman ISRO on 18.02.2010 & 19.02.2010 with break up of each and every expense.
3. On 18.02.2010, the Chairman, SCL MC or the Secretary DOS or the Chairman ISRO has visited SCL alongwith his wife but the wife has not entered SCL premises, therefore, kindly provide the actual expense paid by the Chairman, SCL MC or the Secretary DOS or the Chairman ISRO on 18.02.2010 & 19.02.2010 to SCL MC or the Secretary DOS or the Chairman ISRO on 18.02.2010 % 19.02.2010 to SCL for the boarding and lodging charges of his wife as well as for himself with details of cash receipts in this regard.
4. On 18.02.2010, the Chairman, SCL MC or the Secretary DOS or the Chairman ISRO visited SCL alongwith his wife but the wife has not entered SCL premises, therefore, kindly provide a name of SCL lady employee with staff code no., who went outside SCL on 18.02.2010 in SCL car to show the sight scenes of Chandigarh to the wife of the Chairman, SCL MC or the Secretary, DOS or the Chairman, ISRO alongwith SCL car no., photocopies of the log-book, official Gate Pass, SCL main gate entry with break-up of each and every expense incurred by SCL.
5. It is true that SCL has filed Misc. Applications in O.A. No. 310 of 2008, in O.A. No. 414 of 2008 in the Hon'ble Page 1 of 5 Central Administration Tribunal (CAT) at Chandigarh that the SCL Employees Union (Registered) is not the registered employees union of SCL, hence, this Union has no locus standi to sue SCL, therefore, kindly provide details of each and every expense to be calculated in terms of money and which are incurred by SCL for the SCL Employees Union (Registered) as well as for its Office Bearers etc from 01.09.2006 onwards to date.
6. It is true that SCL has filed Misc. Applications in O.A. No. 310 of 2008, in O.A. No. 414 of 2008 in the Hon'ble Central Administration Tribunal (CAT) at Chandigarh that the SCL Employees Union (Registered) is not the registered employees union of SCL, hence, this Union has no locus standi to sue SCL, therefore, kindly provide details of each and every photocopies of written communications between Union to SCL or vice-versa from 01.09.2006 onwards to date.
7. It is true that SCL has filed Misc. Applications in O.A. No. 310 of 2008, in O.A. No. 414 of 2008 in the Hon'ble Central Administration Tribunal (CAT) at Chandigarh that the SCL Employees Union (Registered) is not the registered employees union of SCL, hence, this Union has no locus standi to sue SCL, therefore, kindly provide details of each and every photocopies of official gate passes issued by Authorities of SCL to the Office Bearers etc. of this Union from 01.09.2006 onwards to date.
8. It is true that SCL has filed Misc. Applications in O.A. No. 310 of 2008, in O.A. No. 414 of 2008 in the Hon'ble Central Administration Tribunal (CAT) at Chandigarh that the SCL Employees Union (Registered) is not the registered employees union of SCL, hence, this Union has no locus standi to sue SCL, therefore, kindly provide details of each and every photocopies of SCL to the Office Bearers etc. of this Union from 01.09.2006 onwards to date.
9. It is true that SCL has filed Misc. Applications in O.A. No. 310 of 2008, in O.A. No. 414 of 2008 in the Hon'ble Central Administration Tribunal (CAT) at Chandigarh that the SCL Employees Union (Registered) is not the registered employees union of SCL, hence, this Union has no locus standi to sue SCL, therefore, kindly provide details of each and every meetings held within the premises of SCL or outside SCL in Delhi, at Bangalore, at Dehradun etc. between the authorities of SCL or DOS/ISRO as well as between the Office Bearers of this Union and its agenda and minutes from 01.09.2006 onwards to date alongwith cost incurred by SCL for the same.
10. It is true that SCL has filed Misc. Applications in O.A. No. 310 of 2008, in O.A. No. 414 of 2008 in the Hon'ble Central Administration Tribunal (CAT) at Chandigarh that the SCL Employees Union (Registered) is not the registered employees union of SCL, hence, this Union has no locus standi to sue SCL, therefore, kindly provide details of circumstances and minutes of the meeting under which the Controller-SCL has arranged half an hour meeting of the Office Bearers etc. of this Union to the Controller-SCL in this regard and photocopy of a written request if any, given by the Office Bearers etc. to the Chairman, SCL MC or the Secretary, DOS or the Chairman, ISRO.
11. It is true that SCL has filed Misc. Applications in O.A. No. 310 of 2008, in O.A. No. 414 of 2008 in the Hon'ble Central Administration Tribunal (CAT) at Chandigarh that the SCL Employees Union (Registered) is not the registered employees union of SCL, hence, this Union has no locus standi to sue SCL, therefore, kindly provide details of circumstances, cost of wastage of time of SCL, cost of wastage of money of SCL etc. under which the Controller-SCL has arranged half an hour meeting of the Office Bearers etc. of this Union with the Chairman, SCL MC or the Secretary, DOS or the Chairman, ISRO on 18.02.2010 around 5:20 PM in contradiction to above stated Misc. Applications filed by SCL in the Hon'ble CAT at Chandigarh.
12. It is true that SCL has filed Misc. Applications in O.A. No. 310 of 2008, in O.A. No. 414 of 2008 in the Hon'ble Central Administration Tribunal (CAT) at Chandigarh that the SCL Employees Union (Registered) is not the registered employees union of SCL, hence, this Union has no locus standi to sue SCL, therefore, kindly provide details of circumstances, cost of wastage of time of SCL, cost of wastage of money of SCL etc. under which top authorities of SCL or DOS/ISRO have meetings with the Office Bearers after 27.10.2009 till date in contradiction to Misc. Applications alongwith particular annexure of the Constitution of this Union filed by SCL on O.A. No. 409 of 2008 & in O.A. No. 414 of 2008 in the Hon'ble CAT at Chandigarh.
13. Kindly provide details of expenses incurred by SCL for all its vehicles in respect of fuels, maintenance etc. from 01.09.2006 to 04.03.2010 alongwith each and every vehicles' fuel average claimed by its company and fuel average claimed by SCL in actual and further actions taken by SCL in this regard to improve the fuel average of its vehicles.
14. In reference to representation no. SCL:EUR;MARCH-06:2008 dated 24.03.2008 of the SCL Employees Union (Registered) through its General Secretary to the Chairman-ISRO or Secretary-DOS in respect of Sr. No. 01(02) pertain to uniform and liveries, the SCL has replied that "ACTION ALREADY INITIATED" for the same vide its letter no. SCL/P&GA/8600/16/2008/278 dated 15.05.2008, therefore, kindly provide the details of action already initiated by SCL for uniform and liveries from 15.05.2008 till date along with the names of SCL for uniform has been distributed by SCL between from 15.05.2008 till date and if not, then names of guilty employees of SCL, who had stopped an action already initiated by SCL with all the relevant photocopies of the documents in this regard.
15. Against Sr. No. 14 of the application no. JMS:RTI:30:2009 dated 02.09.2009 in respect of my requested information, it has been stated by Sh. S. Satish, CPIO of ISRO.
Page 2 of 5Kindly mention the reasons or circumstances of SCL under which Attendant of SCL working in the Office of the Director, in the Office of the Controller as well as in the Office of Group Director are still washing the cups and plates in violation of the above stated replies.
16. Kindly provide the rules position of SCL under which all the Attendants of SCL working in the office of the Director, in the office of Deputy Director in the office of the Controller, the office of Group Director as well as in the office of other top authorities has allowed by SCL to wash and clean their cups, plates, Tiffin-box etc. during the working hours in SCL alongwith nature of works to be performed by each and every attendants in SCL as per Govt. of India guidelines.
17. Kindly provide the rules position of SCL under which the Controller-SCL has been allowed the use electric cattle of SCL in her office for preparing free of cost PURE DARJEELING GOLDEN TIPS GREEN TEA FLOWERY PEKDE a delicious health drink of Rs. 295 for Rs. 250 grams tea from her attendant and washing of her cup and plate alongwith electric cattle by her attendant in the toilet/washroom of SCL along which cost paid by SCL for PURE DARJEELING GOLDEN TIPS GREEN TEA FLOWERY PEKDE delicious health drink of Rs. 295 for Rs. 250 grams tea from June, 2008 till date and photocopies of all the cash receipts in this regard and sanction of the same along with rules position of SCL and reasons for discrimination of majority of other employees of SCL in this regard.
18. Kindly provide the rules position of DOS/ISRO under which Sh. Md. Ikramulla of SCL has been appointed or send on working arrangement by DOS/ISRO from his pay-scale of Senior Officer in 2006 to pay-scale of Head- P&GA in SCL in 2006 under FRSR.
19. Kindly provide the rules position of DOS/ISRO under which Sh. Kawaljeet Singh, an employee of ISAC- Bangalore working at present in SCL on working arrangement and whose salaries are not prepared in SCL but in ISAC-Bangalore has discriminated by DOS/ISRO as well as by SCL from Sh. Md. Ikramulla, who has been appointed or send on working arrangement by DOS/ISRO from his pay-scale of Senior Officer in 2006 to pay- scale of Head-P&GA in SCL in 2006 and whose salaries are prepared in SCL under FRSR.
20. Kindly provide the rules position of SCL under which the Director and the Group Director as well as their office staff has been allowed by SCL, free of cost tea, coffee, biscuits, etc. during their working hours in SCL and reasons for discrimination of majority of other employees of SCL in this regard.
21. Kindly provide the details with amount of total civil expenses incurred by SCL from 01.-9.2006 till date and details with amount of the cash purchase of civil expenses incurred by SCL from 01.09.2006 till date.
22. It is true that being a workman working in SCL, I have been exempted from the Certified Standing Orders as well as I have been covered under the Fundamental Rules & Supplementary Rules from 06.03.2009 onwards according to Gazette Notification No. 411 of Central Govt. of India in this regard, therefore, kindly provide the reasons or circumstances under which Office Memorandum No. 3/2(24)/84-V of Govt. of India/Department of Space dated 31.05.1985 in respect of 5 days working etc. and which was further amended by DOS/ISRO till date has not been implemented in SCL from 06.03.2009 onwards alongwith photocopies of said Office Memorandum amended till date.
23. It is true that being a workman working in SCL, I have been exempted from the Certified Standing Orders as well as I have been covered under the Fundamental Rules & Supplementary Rules from 06.03.2009 onwards according to Gazette Notification No. 411 of Central Govt. of India in this regard, therefore, kindly provide the reasons or circumstances under which para no. 03 of an Office Memorandum No. 3/2(24)84-V of Govt. Of India/Department of Space dated 31.05.1985 in respect EXTRA DUTY ALLOWANCE in lieu of 5 days working etc. and which was further amended by DOS/ISRO till date has not been implemented in SCL from 06.03.2009 onwards alongwith photocopies of said Office Memorandum amended till date, wherein EXTRA DUTY ALLOWANCE as per 6th Pay Commission Report pay-scale has been mentioned.
24. It is true that all DOS/ISRO rules in the form of Office Memorandum as well as pay-scales according to the 6 th Pay Commission Report has been implemented in SCL but working hours in SCL are much more than the other centers/units of DOS/ISRO in India without any allowance or compensation for extra work done by the employees of SCL from 06.03.2009 onwards according to the Gazette Notification No. 411 of Central Govt. of India in this regard, therefore, kindly provide the reasons or circumstances of discrimination of the employees of SCL from the other centers/units of DOS/ISRO in India on the basis of genuine records from 06.03.2009 onwards.
25. Kindly provide the details of total expenses incurred by SCL in Civil from 01.09.2006 till date with break-up and classification of expenses and cash purchase of civil items from 01.09.2006 till date with break-up and its classification.
Reply of the PIO:
The information available on vehicles as per records is reproduced below:
YEAR EXPENDITURE (Rs. In Lakhs)
2006-07 Rs. 7.34 lakhs
2007-08 Rs. 7.75 lakhs
2008-09 Rs. 7.70 lakhs
Page 3 of 5
December, 2009 Rs. 4.56 lakhs
With regard to information on fuel average the same will be furnished on receipt of inputs from the concerned Division.
With regard to information on remaining paras of the application, it is stated that the requisite information is being obtained and furnished in due course.
Para 01 to 05:
No documents available.
Para 06, 07 and 10:
No specific reference is made to any specific document/communication has been made for want of this.
Para 8 and 9:
No specific reference is made.
Para 11 and 12:
There is no document available showing the time taken and money involved in such meetings. Para 13:
The information on vehicles has already been furnished vide our letter of even no. dated 07.04.2010. With regard to information on fuel, the same is available on payment of cost of documents of Rs. 480. Para 14:
Status on action by SCL on issue of uniform and liveries it is stated that uniform has not been provided. Information sought is in nature of complaint and as such the same will not come under the purview of Section 2(f) of the RTI Act, 2005. Para 15, 16, 17:
Office Attendants in SCL are carrying out jobs of Office Attendants. There is no rule available for the same.
Para 18 and 19:
The information is obtained.
Para 20:
No such rule exists.
Para 21 and 25:
No documentary evidence is available as it is for civil expenses. Para 22, 23, 24:
Appellant has sought reasons and circumstances etc. on the actions of public authority and the same will not come under the purview of Section 2 (f) of the RTI Act, 2005. Para 19:
In order to strengthen the design and fabrication groups of SCL Sh. Kamaljeet Singh, Scientist/Engineer 'SE', ISAC, Bangalore was posted to SCL on working arrangement basis. Hence, he continues to be on the rolls of ISRO Satellite Centre. The remaining information on the para is being sent separately.
Para 18:
Department vide letter no. D.O. No. 17/1/19/2005-II dated 19/07/2005 has notified one vacancy of Head (Personnel) either in the pre-revised scale of Rs. 12,000-16,500 or Rs. 14,300-18,300 for filling up at SCL, Chandigarh from amongst the Sr. Administrative Officer had submitted his willingness for consideration and he was interviewed by duly constituted special DOS/ISRO Departmental Promotional Committee and recommended him for appointment as Head P&GA in SCL, Chandigarh in the pre-revised scale of pay of Rs. 12,000-16,500. Para 19 (second part):
Sh. Ikramulla was appointed as Head P&GA in SCL after assessing his suitability by duly constituted Special DOS/ISRO Departmental Promotional Committee. Whereas, Sh. Kamaljeet Singh was posted to SCL on working arrangement basis, in public interest. The Department has every right to transfer and post Scientific and Technical personnel between DOS/ISRO Centres/Units, in public interest, considering the programmatic needs as well as potential of the concerned employee(s) for realization of objectives/goals.Page 4 of 5
Grounds for the First Appeal:
Unsatisfactory reply of the CPIO and APIO.
Order of the First Appellate Authority (FAA): Not enclosed.
Ground of the Second Appeal:
Unsatisfactory reply of the CPIO and APIO.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Jag Mohan Sharma on video conference from NIC-Chandigarh Studio; Respondent (1): Mr. Satish, PIO & Director on video conference from NIC- Studio Bengaluru; Respondent (2):Mr. Ravindra Saxena, PIO & Scientist on video conference from NIC-Chandigarh Studio;
The PIO has provided most of the information but is now directed to provide the following information:
1- The Copy of the logbook.
2- The photocopies of the correspondence with the SCL Employees Union and their letter
for the period 01/01/2008 to 31/12/2010.
3- Qery-25: Amount of money spent in the Civil Works during the period sought by the
Appellant.
The Commission advises the Appellant to seek information and not make his RTI queries in a cross examination forum.
Decision:
The Appeal is allowed.
The PIO, SCL is directed to provide the information on the three points as listed above to the Appellant before 20 September 2011. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 30 August 2011 (In any correspondence on this decision, mention the complete decision number.) (ved) Page 5 of 5