Central Information Commission
Deepti Bhargava vs Central Forensic Science ... on 14 June, 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/CFSLA/A/2023/632214
Ms. Deepti Bhargava ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Central Forensic Science Laboratory(CBI)
Date of Hearing : 12.06.2024
Date of Decision : 12.06.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 05.01.2023
PIO replied on : 27.01.2023
First Appeal filed on : 25.02.2023
First Appellate Order on : 03.04.2023
2ndAppeal/complaint received on : 03.07.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 05.01.2023 seeking information on following points:-
"1. Existing notified recruitment rule for the promotion from SSO-II to SSO-1 in Chemistry Division, CFSL, New Delhi.
2. Technical Work done by the SSO-II of CFSL, New Delhi as per record for each year during 2013 to 2021 in a tabular form.
3. Total sanctioned strength of PSO, SSO-II and SSO-I as per RRs in the year 2012, 2020, 2021 and 2022 in CFSL, CBI, New Delhi.
4. Total Sanctioned strength, actual strength, and vacant position in Chemistry Division, CFSL, New Delhi for the month of April'2011 and April'2022.
5. Whether any post in Chemistry Division, CFSL, New Delhi has been abolished as per government policy during the year 2011 to 2022.
6. Present status of SSO-I post in Chemistry Division, CFSL, New Delhi, if occupied then provide the copy of confirmation letter for the person holding that post.
7. What was the suggested assessment matrix which was taken into account for the BOA under FCS in the year 2020 and 2021 in r/o promotion of SSO-II to SSO-I. Page 1
8. Kindly allow me to inspect the promotion file no. 9- 14/2018/CFSL/CBI/2098 and all related document for promotion held in the year 2020, 2021 and 2022 from the post of SSO-Il to SSO-1.
9. Kindly allow me to inspect the promotion file related to promotion held in the year 2018 from SSO-I to PSO in CFSL, New Delhi.
10. Kindly allow me to inspect the file no. 1-13/2012-CFSL/PF-DB
11. Minutes of meetings conducted in the year 2017, 2018, 2019, 2020, 2021 and 2022.
12. Whether in-situ promotion is based on vacancy year concept as per existing RRs.
13. Whether the documentary formality of confirmation as per government policy has been done by CFSL, New Delhi in r/o Ms. Deepti Bhargava. Please provide the confirmation letter for the post of SSO-II in r/o MS. Deepti Bhargava."
The SSO-I & CPIO, Central Forensic Science Laboratory(CBI), New Delhi vide letter dated 27.01.2023 replied as under:-
(1) "Recruitment Rules are available on CFSL Website. (2) Information required is not readily available and requires compilation of records/ data. Compilation of data is not covered under RTI Act. (3) Sanctioned strength of PSO, SSO-I & SSO-II is as per RRs available on CFSL Website. Further, posts were also created after notification of RRs. Copies of letters are placed along side.
(4) The following officers were in Chemistry Division, CFSL, Delhi [erstwhile CFSL (CBI)) in April, 2022.
1. Sh. V.B. Ramteke, PSO (in-situ)
2. Ms. Deepti Bhargava, SSO-II (Chemistry)
3. Sh. Bharat Bhushan, SSA (Chemistry)
4. Ms. Gungun Mudgal, SSA (Chemistry)
5. Sh. Dharu Singh Meena, SSA (Chemistry)
6. Ms. Geeta Rani, SSA (Chemistry) (5) No. record available (6) No record available (7) Transferred to Union Public Service Commission, New Delhi. (8) File No 9/14/2018 CTS1 is presently under submission. The date and time will be intimated as the file received from Admn (9) & (10) The date and time will be intimated when the file of the applicant will make available to CPIO (11) The query is not clear.
(12) No record available.
(13) No record available.
The information supplied by the HOD (Chemistry) and Admin/CFSL annexed (8 sheets)."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.02.2023. The FAA vide order dated 03.04.2023 stated as under:-
Page 2
2. "There is no change in RTI reply provided by CPIO, CFSL, New Delhi regarding point No. 4, 5, 6, 12 and 13 of RTI application dated 05.01.2023."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present via phone Respondent: Dr. Reeta R Gupta, Assistant Director, CFSL The Appellant stated that the relevant information has not been furnished to him till date. She further stated that the information sought relates to her promotion. She stated that she has inspected the concerned file, but copies of relevant documents have not been provided by the PIO. She requested to direct the PIO to furnish the information sought.
The Respondent stated that the relevant information from their official record has been already furnished to the Appellant. She further stated that the Appellant has already inspected the record. She again offered inspection of records to the Appellant.
Decision:
Commission based on the averment made by the parties during hearing, directs the PIO to provide another opportunity to the Appellant or her authorised representative, to inspect available and relevant records as sought at point No. 8, 9 and 10 of the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and/or in writing.
Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of prescribed fees as per RTI Rules, 2012. However, no information shall be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005. In case, relevant record contains any third-party information or any other exempted information then same must be redacted or blacked out under Section 10 of the RTI Act, prior to the said inspection.
The said direction should 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. No further action lies.
Page 3 However, as regards the other points of the RTI Application, the Commission is of the considered opinion that an appropriate response as per provision of the RTI Act has been duly provided by the PIP. No further action lies.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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