Central Information Commission
Debasis Sarkar vs All India Council For Technical ... on 12 September, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/AICTE/A/2023/129190
Debasis Sarkar ... अपीलकता /Appellant
VERSUS
बनाम
CPIO:
1. All India Council for Technical Education,
New Delhi
2. Saroj Mohan Institute of Technology, ... ितवादीगण/Respondents
Hooghly, W. B.
Relevant dates emerging from the appeal:
RTI : 20.03.2023 FA : 02.05.2023 SA : 03.07.2023
CPIO : 12.04.2023 FAO : 17.05.2023 Hearing : 27.08.2024
Date of Decision: 10.09.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 20.03.2023 seeking information on the following points:
(i) Kindly inform me the designation of Mr. Debasis Sarkar registered in AICTE or submitted/ uploaded by Saroj Mohan Institute of Technology (AICTE Institute ID: 1-9318604430) as per Approval Process Handbook 2022-2023.
(ii) Kindly supply me the copies of the details of Mr. Debasis Sarkar and his salary sheet with details such as pay scale, gross pay, PF deduction and TDS uploaded Page 1 of 8 and/ or submitted by the Saroj Mohan Institute of Technology (AICTE Institute ID: 1-9318604430) to All India Council for Technical Education as per Approval Process Handbook for the year 2022-2023.
(iii) Kindly supply me the copies of the details of Mr. Debasis Sarkar and his salary sheet with details such as pay scale, gross pay, PF deduction and TDS uploaded and/ or submitted bide Saroj Mohan Institute of Technology (AICTE Institute 1D: 1-9318604430) to All India Council for Technical Education as per Approval Process Handbook for the year 2021-2022.
(iv) Kindly supply me the copies of the details of Mr. Debasis Sarkar and his salary sheet with details such as pay scale, gross pay, PF deduction and TDS uploaded and/ or submitted by the Saroj Mohan Institute of Technology (AICTE Institute ID: 1-9318604430) to All India Council for Technical Education as per Approval Process handbook for the year 2020-2021.
(v) Kindly supply me the copies of the details of Mr. Debasis Sarkasand his salary sheet with details such as pay scale, gross pay, PF deduction and TDS uploaded and/ or submitted by the Saroj Mohan Institute of Technology (AICTE Institute 1D: 1-9318604430) to All India Council for Technical Education as per Approval Process Handbook for the year 2019-2020.
..., etc./ other related information
2. The CPIO replied vide letter dated 12.04.2023 and the same is reproduced as under:-
In this regard, it is to inform you that no such information is available with this office.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.05.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 17.05.2023 stated that:
Page 2 of 8I, as Appellate Authority, perused the matter and found that no such information is available at AICTE. I am forwarding your RTI Appeal to the Director/Principal, Saroj Mohan Institute of Technology, Bengal, requesting to provide you the relevant information.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 03.07.2023.
5. The appellant attended the hearing through video conference and on behalf of the respondent Dr. Anil Sharma, CPIO, Ms. Samson Wartika, DEO, attended the hearing in person, Mr. Amit Kumar Mandal and Prashanto Kumar Pal, representative of the Institute, attended the hearing through video conference.
6. The appellant's representative inter alia submitted that the reply furnished by the CPIO was not in accordance with the information sought in the RTI application. He requested the Commission to direct the respondent to provide the information, as sought. A written submission of the appellant is reproduced as under:-
"1. That before formulating my points for agitation I most humbly beseech your kind authority to the fact that I applied for the post of Workshop Instructor under Electrical Engineering Department in SMIT, Diploma Division (Institute ID: 1- 9318604430) as per my qualification of Diploma in Electrical Engineering.
2. That however on 3rd August 2004 the College Authority by changing the Designation of Technical Assistant, gave me Offer Letter for the post of Workshop Instructor and I accordingly joined there on 04.08.2004.
3. That on 20.12.2004, the Director of the College sent me as Observer of the Semester Examination in the West Bengal Survey Institute (Govt. of W.B.), P.O.- Bandel, Dist.-Hooghly, Pin-712123 as per the Memo No. 1166-SC(43) TE dated 20.12.2004, where I was shown as Junior Lecturer.
4. That my service was confirmed on 04.08.2005 as a Workshop Instructor, although, I was sent to the aforesaid examination a Junior Lecturer. Importantly, Page 3 of 8 my service has been used by the College Authority both in Administrative Part as also Academic Part without any proper scale of pay.
5. That I was absorbed as a permanent faculty from 04.08.2005 after successful completion of the 1 (one) year probation period.
6. That thereafter I was promoted to the post of Junior Lecturer w.e.f. 01.07.2014.
7. That unfortunately and without following the principles of Natural Justice, my yearly increment was stopped from July 2018 and D.A. was reduced to the extent of @17%, that is from @56% to 39%.
8. That unfortunately my salary was reduced to Rs. 19970/- from Rs. 30012/- from 1st December, 2019 without any cogent reason.
9. That during the COVID-19 period I took the classes by online mode and even when in the month of March & April, 2021, the College opened only for conducting Practical classes for three days in a week, where I went to the college and took practical classes and practical exams.
10. That the College Authority, for a very much unknown reason, did not allow me to take my classes from September, 2021 and I was denied to enter into the Workshop and Laboratory. The College Authority also struck down my name from semester class routine.
11. That I was also detached from academic related student's and teacher's WhatsApp group and excluded from Academic part and kept sitting day after day.
12. That the College Authority also discriminated me by not increasing my Salary where the selected teaching staffs were blessed with increment of Rs. 1500/- per month from November, 2022.
13. Surprisingly, neither I was allowed to cause my presence in Biometric from 01.09.2023, nor I was allowed to sign in the attendance register from 09.10.2023.Page 4 of 8
14. That I ventilated all of my aforesaid grievances to the Director of Technical Education, Govt. of W.B. on different occasions, i.e. dated 21.06.2023, 21.08.2023, 13.09.2023 and 31.10.2023, respectively, which was received by the office accordingly.
15. That my Pay was reduced in a gross and perverse manner.
16. I made several representations to the appropriate Authority of AICTE dated 21.06.2023, 13.09.2023, 17.10.2023 and 21.06.2024, respectively, but of no result. I crave kind leave to refer and produce the copies of the same as and when will be asked for.
17. That astonishingly AICTE without taking any proper steps advised me to go to the Grievance Redressal Cell (AICTE Gazette Notification F. No. 1- 103/AICTE/PRGC/ Regulation/2021 dated 25.03.2021) of the College Authority which I tried to follow but since there is no GRC in College my grievances were never redressed.
18. That all on a sudden, i.e. on 24.04.2024 I was served with a Transfer Order wherein I was directed to join at Government ITI, Kumargram running under PTP, Kumargram, Alipurduar which is almost 725 KM away from my residence. Moreover, the College Authority wanted to transfer me after demoting me from Junior Lecturer to Instructor.
19. That since I am a patient of Hyper Tension, Ischemic Heart Disease, COPD, Type 2 Diabetes Mellitus and High Lipid Profile I requested the College Authority to consider my case.
20. It is also important to note in the Appointment Letter, nothing says that, my service is transferable and that apart when I am at the age of 55 years.
21. That the said Transfer Order is vindictive and perverse and it a punitive one for the reasons best known to the College Authority.Page 5 of 8
22. That thereafter the College Authority without reconsidering my case is sitting tight without giving me any salary.
23. It is important to note that the action of the College Authority since not transparent and not to following the principles of Natural Justice, I made an application to the Public Information Officer under the specific provision of RTI Act, 2005 on 20.03.2023. I was compelled to prefer First Appeal before the First Appellate Authority on 02.05.2023 and in replies thereto I was only advised to go before the GRC of the College which actually is not there.
24. However I prefer Second Appeal and made a reminder to Central Information Commission on the following points: - (Written Information required as per RTI Act, 2005)
a) Kindly inform me my designation registered in AICTE or submitted/uploaded by Saroj Mohan Institute of Technology (AICTE Institute ID: 1-9318604430) as per Approval Process Handbook 2022-2023.
b) Kindly supply me the copies of my salary sheet with details such as pay scale, gross pay, PF deduction and TDS uploaded and/or submitted by the Saroj Mohan Institute of Technology to AICTE as per Approval Process Handbook for the years 2018-2019, 2019- 2020, 2020-2021, 2021-2022 and 2022-2023, respectively.
c) Kindly inform me the name(s) of Principal(s) and Director(s) of Saroj Mohan Institute of Technology from January 2019 to till date.
d) Whether any Grievance Redressal Committee exists in Saroj Mohan Institute of Technology or not? If yes, then inform me the name(s) and designation(s) of the Committee Member(s)?
25. That on the above score I most humbly formulate the following points for your kind consideration : -
a) As to whether I am in my College as Workshop Instructor or Junior Lecturer?Page 6 of 8
b) As to which respect my salary was curtailed and ultimately the College Authority stopped my salary from 19.06.2024?
c) As to what respect I have been directed to transfer to Kumargram PTP away from 725 KMs at the age of my 55 years and to the extent when I am a Patient of Hyper Tension, Ischemic Heart Disease, COPD, Type 2 Diabetes Mellitus and High Lipid Profile?
d) As per AICTE rules, the ratio of student to teacher is not right/proper in the College. Can a Teacher with low salary be transferred at a distance of 725 KM?
e) As my repeated complaints have been asked by AICTE to resolve the College through GRC, but not resolved, is this transfer to suppress complaints?
f) As to such type of transfer is adverse to Natural Justice particularly when there was no provision in the appointment letter?
g) As to whether I am still in the service of the College since nothing has been communicated by the College Authority?
h) As to whether the action of the College Authority tantamount to illegality even not having GRC in the College?"
7. The respondent while defending their case inter alia submitted that a response to the RTI application had been furnished to the appellant vide their letter dated 12.04.2023. He further submitted that breakup of the salary was not available with them, however they requested the Saroj Mohan Institute of Technology to provide the information as sought by the appellant. The respondent from the Saroj Mohan Institute of Technology submitted that they are a private body, however, agreed to provide the information to the AICTE.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that breakup of the salary was not available with the AICTE, as actual custodian of the information is Saroj Mohan Institute of Technology. The perusal of records further reveals that the Saroj Mohan Institute of Technology is a private body but affiliated to AICTE. Therefore, the Commission directs Page 7 of 8 the CPIO of the AICTE to collect the records from the Saroj Mohan Institute of Technology and furnish the same to the appellant within 30 days from the date of the receipt of this order, under intimation to the Commission. With this observation and direction, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 10.09.2024
Authenticated true copy
Col S S Chhikara (Retd) कन ल एस एस िछकारा, ( रटायड )
Dy. Registrar (उप पंजीयक)
011-26180514
Addresses of the parties:
1. The CPIO
All India Council for Technical Education,
CPIO, RTI Cell,
Head Office: Delhi, Nelson Mandela Road,
Vasant Kunj, New Delhi-110070
2. The CPIO
Saroj Mohan Institute of Technology,
Principal/Director & CPIO,
Village- Roy Para, PO: Guptipara, PS- Balagarh,
Guptipara, Hooghly, W. B.-712512
3. Debasis Sarkar
Page 8 of 8
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)