Central Information Commission
Lt Cdr Shouraja Shankar Mukherjee ... vs Garden Reach Shipbuilders And ... on 30 August, 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. File No. CIC/GRSBE/A/2023/144771
Complaint No. CIC/GRSBE/C/2023/137674
LT CDR Shouraja Shankar Mukherjee (Retd) ... अपीलकता /Appellant
...िशकायतकता /Complainant
VERSUS
बनाम
CPIO: Garden Reach
Shipbuilders & Engineers ... ितवादीगण/Respondent
Limited
Relevant dates emerging from the appeal:
SA : 06.11.2023 &
RTI : 14.07.2023 FA : 08.09.2023
08.09.2023
CPIO : 14.08.2023 FAO : 13.09.2023 Hearing : 27.08.2024
Note - The above-mentioned Appeal/complaint have been clubbed together for
decision as these are based on similar RTI Applications.
Date of Decision: 29.08.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant/Complainant filed an RTI application dated 14.07.2023 seeking similar information on the following points:
I, Lt Cdr Shourja Shankar Mukherjee, Retd., Manager, MAN No. 601760 (GRSE), residing at 17 D Samt Babu Lane, PS-Entally, Kolkata 14, have been pursuing my request for viewing of my individual DPC II (23) marks vis-à-vis promotion to SM.Page 1 of 5
An official reply to my query dated 3rd Jul 23 is still being awaited at t end due to which I am constrained to feel insecure about the transparency of the procedure that has been follow so far throughout all these years wherein I have been denied promotion. Under the above circumstances, and consideration of my promotion entitlement as a bonafide employee of the organization.
(i) My APAR 22-23 marks & DPC II/Jun 23 marks out of 15 as per Page 3 SL 29A
(f) of HR Circular HR/P&RR/158/18 dated 14 Aug 18 regarding Amendment to promotion rules applicable to officers along with date of allocation of such marks (both original allocation prior to declaration of DPC II/Jun 23 results on 30 Jun 23 and analyzed/revised allocation thereafter if any).
(ii) My APAR 21-22 marks & DPC/Jun 22 marks out of 15 as per Page 3 SL 29A (1) of HR Circular HR/P&RR/158/18 dated 14 Aug 18 regarding Amendment to promotion rules applicable to officers along with date of allocation of such marks.
(iii) My APAR 20-21 marks & DPC/Jun 21 marks out of 15 as per Page 3 SL 29A (f) of HR Circular HR/P&RR/158/18 dated 14 Aug 18 regarding Amendment to promotion rules applicable to officers along with date of allocation of such marks.
(iv) My APAR 19-20 marks & DPC/Jun 20 marks out of 15 as per Page 3 SL 29A (1) of HR Circular HR/P&RR/158/18 dated 14 Aug 18 regarding Amendment to promotion rules applicable to officers along with date of allocation of such marks.
(v) My APAR 18-19 marks & DPC/Jun 19 marks out of 15 as per Page 3 SL 29A (f) of HR Circular HR/P&RR/158/18 dated 14 Aug 18 regarding Amendment to promotion rules applicable to officers along with date of allocation of such marks. ...etc.
2. The CPIO replied vide letter dated 14.08.2023 and the same is reproduced as under:-
"1. Vide your aforesaid RTI Application you have sought plethora of wide-ranging information against as many as 10 no. of queries. Moreover, please also note that in order to provide wide-ranging information against huge no. of queries the Public Page 2 of 5 Authority has to divert its resources from its normal, routine and productive functions. This may hamper routine activities of the concerned department of the Public Authority.
2. However, responses to RTI queries pertaining to Garden Reach Shipbuilders & Engineers Ltd are furnished below:
a. In GRSE for officers online APAR system is in vogue. Online portal is opened periodically for filling up KPA/KRA, target achieved and for viewing final APAR assessment of the concerned officer. Like other officers, the RTI applicant was already allowed on a routine basis to view his APAR assessment for the years mentioned in the RTI application. However, final APAR score of the RTI applicant as sought is given below:
Financial Year Score
2018-19 70.95
2019-20 69
2020-21 72.6
2021-22 77
2022-23 75.4
b. DPC assessment is totally confidential and cannot be shared since in view of Section 8 (1)(g) of the RTI Act 2005 it will otherwise disclose the identity of the source of information which resulted from assessment of the applicant officer by individual DPC members.
c. Assessment marks of other candidates cannot be provided as that will otherwise disclose information with respect to the other candidates being personal in nature and disclosure of such personal information would cause unwarranted invasion of the privacy of the individuals and moreover such disclosure has no relationship to any larger public activity or interest in view of Section 8 (1) (j) of the RTI Act 2005.
Page 3 of 5d. As per Promotion Policy applicable to officer category of employee in GRSE, there is a provision for Appeal (Para 49 of the Rule). Any officer aggrieved by an order of promotion to a post may file an Appeal to the appointing authority within two months on the promulgation of the promotion order. The RTI applicant, being an officer of GRSE, is aware of the said laid-down procedure which is available in details on the Knowledge Portal of GRSE. It may also be noted that RTI mechanism is not a platform to redress personal grievance.
3. Dissatisfied with the response received from the CPIO, the Appellant/Complainant filed a First Appeal dated 08.09.2023 alleging that the information provided was incomplete, false and misleading. The FAA's order dated 13.09.2023 upheld the reply of CPIO.
4. Aggrieved with the FAA's order, the Appellant/Complainant approached the Commission with the instant Second Appeal/Complaint dated 06.11.2023 & 08.09.2023.
5. The appellant and on behalf of the respondent Shri Supradhan, CPIO, attended the hearing through video conference.
6. The appellant inter alia submitted that the information sought is readily available in the DPC minutes in the concerned department and the same is being withheld to conceal the shortcomings of the DPC promotion proceedings. He had specifically asked for the DPC marks recorded in the total APAR scores, and the same had not been informed to him, till the date of hearing.
7. The respondent while defending their case inter alia submitted that the total APAR scores are revealed and not the segregation of the scores, as demanded by the appellant. Moreover, the APAR scores, that too, the combined scores were available for a certain period i.e. for 2 to 3 days and then removed from the intra-portal. The CPIO further stated that the names of the DPC members were not disclosed as per provisions under Section 8 (1) (g) and (j) of the RTI Act. Therefore, the DPC scores which were prepared during combined assessment including the performance review of other officials/employees, could not be disclosed to the appellant.
Page 4 of 58. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that appropriate reply was given by the respondent, as per provisions of the RTI Act. Moreover, the details of the evaluators were rightly denied under provisions of Section 8 (1) (g) and (j) of the RTI Act. Moreover, the respondent having confirmed that the DPC scores were not maintained in a segregated manner and the process of separating the scores would also reveal the marks assigned to other employees/officials considering it is a combined assessment, the CPIO may not be compelled to disclose the same in violation of the exemption clauses provided under Section 8 (1) of the RTI Act. That being so, there appears to be no infirmity with the reply given by the CPIO and no action is warranted in the complaint/appeal. Accordingly, the appeal is dismissed and the complaint is closed.
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: 29.08.2024
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 Garden Reach Shipbuilders & Engineers Limited, DY. GM (LAW) & CPIO, 43/46, Garden Reach Road, Kolkata - 700024
2. LT CDR SS Mukherjee (Retd) Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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