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Central Information Commission

Shri V Konda Naik vs Heavy Water Plant (Manuguru) on 26 February, 2024

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                के न्द्रीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ मागग, मुननरका
                       Baba Gangnath Marg, Munirka
                        नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/HWPMG/A/2023/624179

Shri V Konda Naik                                        ... अपीलकताग/Appellant
                                VERSUS/बनाम

PIO,                                                  ...प्रनतवािीगण /Respondent
Heavy Water Plant (Manuguru)

Date of Hearing                      :   26.02.2024
Date of Decision                     :   26.02.2024
Chief Information Commissioner       :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :      07.03.2023
PIO replied on                    :      15.03.2023
First Appeal filed on             :      24.03.2023
First Appellate Order on          :      31.03.2023
2 Appeal/complaint received on
 nd                               :      18.05.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 07.03.2023 seeking information on following points:-

"1. Certified Copy of in ROUND THE CLOCK SHIFT opening the glass windows of the Control Room Constitutes is a official duty of Technician Please details may please provide

2. Certified Copy of in ROUND THE CLOCK SHIFT Who is the opening the glass windows of the Control Rooms Please details may please provide

3. Certified Copy of in ROUND THE CLOCK SHIFT opening the glass windows of the Control Room Constitutes is a official duty of Technician YES or NO

4. Certified copy of ROUND THE CLOCK SHIFT at Cooling Water System Unit Main Plant Heavy Water plant Manuguru Technician Exact Duties and Responsibilities may please provide

5. Certified copy of ROUND THE CLOCK SHIFT at Cooling Water System Unit Main Plant Heavy Water Plant Manuguru Scientific Assistant Exact Duties and Responsibilities may please provide."

The Chief Administrative Officer & CPIO, Heavy Water Plant (Manuguru), Telangana vide letter dated 15.03.2023 replied as under:-

"Point No. 1 to 5:- As per CIC vide decision No. 883/IC(A)/2007 dated 14/06/2007, the information seeker being an employee of the respondent, is a part of the information provider. Such employees have access to internal mechanisms for redressal of their grievances.

Therefore, the information seeker and the provider being part of the same system should work together for evolving approaches to remove irritants in their mutual interaction, as a lot of public resources devoted to provide service to the entire Indian community is thus un-productively used. They ought to exercise restraints in misusing the Act, lest they should dilute the mandate of RTI Act to empower the common man. As the present case pertains to the grievance of the applicant, he is requested to use the internal grievance redressal mechanisms to resolve the same."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 24.03.2023. The FAA vide order dated 31.03.2023 upheld the reply of CPIO.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Written submission dated 18.02.2024 has been received from the Appellant and same has been taken on record for perusal.

Written submission dated 23.02.2024 has been received from CPIO and same has been taken on record for perusal.

Facts emerging in Course of Hearing:

Appellant: Present through video conferencing.

Respondent: Mr. G. Venu, Chief Administrative Officer The Appellant stated that the relevant information has not been furnished to him till date. He stated that details displayed on the official website of respondent regarding the power and duties of officers and employees of the organization under section 4(1)(b)(ii) is not complete. He stated that public authority has not displayed the name of the technician working in their plant and scope of their duties/work on their official website.

The Respondent stated that information sought by the applicant pertaining to the duties of the officials with respect to opening and closing of glass windows is not available in their official record. He further stated in compliance of earlier decision of CIC a copy of the E&QP manual vide letter dated 03.12.2020 containing the generic information regarding charter of duties has been furnished to the Appellant.

Decision:

At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.

Commission after perusal of the case records as well as submissions made during hearing observes that as submitted by the PIO, the information sought by the applicant pertaining to the duties of the officials with respect to opening and closing of glass windows is not available in their official record. In the given circumstances the present PIO is directed to file an appropriate affidavit stating that relevant record as sought in the instant RTI Application is not available in their official record.

The said affidavit shall be sent by the PIO to the Commission with its copy duly endorsed to the Appellant. The said direction of the Commission must be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO.

Commission also observes that information should be easily accessible and to the extent possible should be in electronic format with the Central Public Information Officer. As per Section 4 of the RTI Act, the information, which a public authority is obliged to publish under the said section should be made available to the public and specifically through the internet. There is no denying that the Respondent is duty bound by virtue of the provisions of Section 4 of the RTI Act to publish the information indicated in Section 4(1)(b) and 4(1)(c) on its website so that the public have minimum resort to the use of the RTI Act to obtain the information. Accordingly the public authority is advised to place information related to name, power and duties of their officers and employees including technicians working in their organisation, on the website as per the provisions of section 4(1)(b)(ii) of the RTI Ac, 2005 in the larger public interest. No further action lies.

Appeal is disposed of accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 3 of 4 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4