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Central Information Commission

Manoj T K vs Department Of Space on 17 November, 2021

                                के   ीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ माग, मुिनरका
                       Baba Gangnath Marg, Munirka
                        नई द ली,
                              ली New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/DSPCE/A/2019/647438

Shri Manoj T K                                         अपीलकता /Appellant
                               VERSUS/बनाम

CPIO                                                 ... ितवादीगण /Respondent
Department of Space
Date of Hearing                    :    16.11.2021
Date of Decision                   :    17.11.2021
Chief Information Commissioner     :    Shri Y. K. Sinha

Relevant facts emerging from complaint:
RTI application filed on            :   03.11.2018
PIO replied on                      :   06.06.2019
First Appeal filed on               :   21.05.2019
First Appellate Order dated         :   17.06.2019
2nd Appeal dated                    :   03.08.2019

 Information sought

and background of the case:

The Appellant filed an online RTI application dated 03.11.2018 seeking information on the following points:-

The CPIO, Vikram Sarabhai Space Centre vide letter dated 22.11.2018 (copy not enclosed; details mentioned in FAA's order) furnished a reply to the Appellant and also transferred the RTI application to the CPIO, DOS for furnishing information in respect of points 1 to 4 of the application.

Due to non-receipt of a final reply from the CPIO, the Appellant filed a First Appeal dated 21.05.2019.

In the meantime, the CPIO/Under Secretary, DOS vide letter 06.06.2019 replied as under:-

The FAA, vide order dated 17.06.2019 stated that based on the inputs received from the custodian, the CPIO, DOS has furnished a reply to the Appellant vide letter dated 06.06.2019 which is in order.

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

Facts emerging in Course of Hearing:

A written submission has been received from the Appellant vide letter dated 12.11.2021 wherein he stated that the information was sought in the context of denial of one more chance for exercise of fresh option to migrate to 6th CPC w.e.f. 01.01.2006 for the employees of DOS/ ISRO who were directly benefitted by the OM referred in his written submission. Even though requests were received in DOS/ ISRO regarding the above mentioned issue, the action taken on the same was not known hence the instant RTI application was filed. He further stated that the queries could be answered in Yes/ No and no opinion/ inferences were sought from the CPIO. Furthermore, there was a delay in reply as the final reply dated 06.06.2019 was given to him after 5 ½ months from the date of interim reply dated 24.12.2018 and 7 months from the date of RTI application. Moreover, the final response was provided with respect to the first appeal dated 21.05.2019.

A detailed written submission has also been received from the CPIO and Dy Secretary, D/o Space vide letter dated 15.11.2021 wherein a reply of Shri M. Ramadas, OSD was enclosed. In the said reply it was stated that the Appellant was seeking clarification/ interpretation which is beyond the scope of RTI Act and that D/o Space as administrative ministry issues only policy decisions and individual cases are not handled. However, it was stated that the D/o Space in consultation with the M/o Finance, D/o Expenditure has issued order for stepping up of pay of those seniors where a junior is appointed to the same grade in any of the DOS/ISRO establishments on or after 01.01.2006 under direct recruitment and such junior employees are actually drawing more pay than the seniors. In such cases, the basic pay of the seniors was stepped up at par with the entry pay of the directly recruited junior appointed in any of the DOS/ ISRO Centres/ Units from the date of appointment of the junior. The employees whoever exercised the option earlier and are at a disadvantageous position are again approaching the Department requesting to extend one more option which is not under the purview of the D/o Space.

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.

The Appellant participated in the hearing through audio conference. While acknowledging the receipt of the written submission from the Respondent, he stated that the same answered his RTI queries and should have been provided earlier by the CPIO.

The Respondent represented by Smt. Kamla Rajesh, CPIO and Dy. Secretary; Smt. Suganyapriya, US and Shri M Ramadas, OSD, D/o Space participated in the hearing through audio conference. Smt. Rajesh reiterated her written submission dated 15.11.2021 and stated that the factual position in the matter has been clarified to the Appellant now. She also acknowledged that the above mentioned reply should have been provided to the Appellant earlier and assured that they Page 3 of 4 would strive to ensure proactive facilitation of information to RTI applicants in future.

Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the RTI Act has been provided to the Appellant at this stage. However, the Commission notes that it should be the endeavour of the CPIO to ensure that maximum assistance should be provided to the RTI applicants to ensure the flow of information. In this context, a reference is made to the OM No.4/9/2008-IR dated 24.06.2008 issued by the DoP&T on the Subject "Courteous behavior with the persons seeking information under the RTI Act, 2005" wherein it was stated as under:

"The undersigned is directed to say that the responsibility of a public authority and its public information officers (PIO) is not confined to furnish information but also to provide necessary help to the information seeker, wherever necessary."

Smt. Kamla Rajesh, CPIO and Dy Secretary is therefore directed to ensure necessary compliance with the abovementioned OM and ensure facilitation of information to the extent possible to the RTI applicants in future.

With the above observation, the instant Second Appeal stands disposed off accordingly.

Y. K. Sinha (वाई.

वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4