Central Information Commission
Arun vs Ut Of Puducherry on 24 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File Nos: CIC/UTPON/C/2023/633310, CIC/UTPON/C/2023/655032
CIC/UTPON/C/2023/641961, CIC/UTPON/C/2023/626523
CIC/UTPON/C/2023/631964, CIC/UTPON/A/2023/648927
CIC/UTPON/C/2023/654538, CIC/UTPON/C/2023/656396
Arun ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
State Election Commission,
Election Building, 3rd and 4th Floor,
Villianur Main Road, Reddiarpalayam,
Puducherry -605010.
PIO,
Chief Secretariat, Confidential and
Cabinet Department, Puducherry -
605001.
PIO,
Under Secretary (ARW),
Chief Secretariat, Goubert Avenue,
Puducherry - 605001.
PIO,
Directorate of Industries and Commerce,
Industrial Estate, Huzuga Theatre,
Thatanchavady, Puducherry-605008. ....प्रनतवािीगण /Respondents
Page 1 of 11
Date of Hearing : 19.07.2024
Date of Decision : 23.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
(Total number of 24 complaints/second appeals of the
Complainant/Appellant are listed today for hearing before the Commission)
The above-mentioned complaints/second appeals are clubbed together as
the subject-matter is similar in nature and hence are being disposed of
through a common order.
Relevant facts emerging from complaint:
RTI application filed on : 28.05.2023, 17.11.2022, 01.08.2023,
03.03.2023, 08.06.2023, 27.07.2023,
31.10.2023, 23.10.2023
CPIO replied on : 11.07.2023, 14.12.2022, 28.08.2023,
30.06.2023, 19.08.2023, 06.11.2023,
05.12.2023
First appeal filed on : 14.12.2023, 29.08.2023
First Appellate Authority's order : 08.01.2024
2nd Appeal/Complaint dated : 09.07.2023, 14.12.2022, 17.10.2023,
02.12.2023
CIC/UTPON/C/2023/633310
Information sought:
The Complainant filed an RTI application dated 28.05.2023 seeking the following information:
As the General Elections to the Puducherry Legislative assembly was announced in 2016, An anonymous petition submitted to election commission about the illegal engagement/regularization/absorption made in government sectors, order passed by the Election Department and the chief Secretary of Puducherry gave reply to Chief Electoral officer (CEO) about the engagement made in Modal Code of Conduct in this connection seeking following information,
1. Kindly provide the reply of the Chief Secretary of Puducherry furnished to Chief Electoral officer.Page 2 of 11
2. Kindly allow me to inspect the entire file copy u/s 2(j) of the RTI Act, 2005 regarding the matter stated above.
The CPIO vide its letter dated 11.07.2023 had informed the Complainant to inspect the relevant records in their office. The first appeal and FAA order is not on record.
CIC/UTPON/C/2023/655032 Information sought:
The Complainant filed an RTI application dated 17.11.2022 seeking the following information:
I filed a complaint to NHRC against the 96 persons appointed vide backdoor in PIPDIC in violation of the compulsory Notification act,1959, Office Memorandum No.11024/96 Estt (D) dated 18.05.1998 & the GO Ms. No. No.22, 27.2.2009/ supreme court order/Madras high Court order. The Home department sent file to DP&AR for opinion, still file is pending in the DP&AR which is established by the Home Department vide in his RTI reply (enclosed for reference), in this regard seeking following information from the DP&AR, chief secretariat
1. Kindly allow me to inspect the aforesaid records u/s 2(j) of the RTI Act 2005 (presently aforesaid file is in DP&AR).
2. Once the aforesaid file sent to another department kindly transfer my request to the concern department u/s 6(3) of the RTI Act 2005 and intimate to me as per the provision The CPIO furnished a reply to the complainant on 14.12.2022 stating as under:
The file is under examination stage only and it is premature to allow inspection of the said file at this stage. Hence, once a final view/ decision is taken, the file will be sent back to the Department concerned 1-2. The action taken report was called for from the Secretary to Government (Industries & Commerce), Puducherry on the complaint in Case No. 103/32/3/2022, dated 10.08.2022 of National Human Rights Commission, New Delhi and the letter received from the General Manager, PIPDIC relating to the above matter was communicated to the individual vide our letter dated 21.12.2022 and also a copy of the same was also forwarded to the National Human Rights Commission, New Delhi. Subsequently based on the letter dated 27.06.2023 of NHRC, the Page 3 of 11 matter was referred to DP&AR for their opinion during July 2023. The DP&AR has subsequently sought for certain clarification in the matter for further process/clarification to examine in the matter. The particulars/document called for by the DP&AR was collected from the Industries - Department/PIPDIC and re-submitted to DP&AR in October 2023. The opinion/advise of the DP&AR, Puducherry in the above matter is yet to be received.
Being dissatisfied, the complainant filed a First Appeal dated 14.12.2023. The FAA vide its order dated 08.01.2024 had directed the PIO to provide information to the Complainant.
CIC/UTPON/C/2023/641961 Information sought:
The Complainant filed an RTI application dated 28.08.2023 seeking the following information:
1. (a) Provide name of the official forwarded my grievance to the same official. (b) under secretary to Government (ARW) forwarded to same official not higher official in this regard provide reason as information u/s 4(1)(d) for the affected person. (c) is this the right mode of escalation process (bottom up grievance CPGRAMS mechanism) & if so, the details thereof.
2. Provide the name of the worst official and his designation who forwarded the grievance to the same official instead of a higher official as per the bottom-up grievance/escalation process clearly mentioned in CPGRAMS.
The CPIO furnished a reply to the complainant on 14.12.2022 stating as under:
RTI is not a grievance redressal system. The Module of filing appeal for grievances is currently not activated by Government of India for States/UTs in the CPGRAMS online portal.
CIC/UTPON/C/2023/626523 Information sought:
The Complainant filed an RTI application dated 28.08.2023 seeking the following information:Page 4 of 11
1. (a) Provide name of the official forwarded my grievance to the same official. (b) under secretary to Government (ARW) forwarded to same official not higher official in this regard provide reason as information u/s 4(1)(d) for the affected person. (c) is this the right mode of escalation process (bottom up grievance CPGRAMS mechanism) & if so, the details thereof.
2. Provide the name of the worst official and his designation who forwarded the grievance to the same official instead of a higher official as per the bottom-up grievance/escalation process clearly mentioned in CPGRAMS.
Having not received any response from the CPIO, the complainant filed a First Appeal. The FAA order is not on record.
CIC/UTPON/C/2023/631964 Information sought:
The Complainant filed an RTI application dated 08.06.2023 seeking the following information:
1. Kindly provide information whether the Secretary to Government (Ind &Com) filed counter affidavit or not.
2. Name of the Secretary to Government (Ind &Com) filed counter affidavit.
3.(a) Kindly provide the copy of the Counter Affidavit.(b) Kindly transfer my request u/s 6(3) to the law department/public prosecutor/court for to obtain information for Point No.3(a).
The CPIO furnished a reply to the complainant on 30.06.2023 stating as under:
1. Kindly provide us the copy of the impleading order issued by the High Court in respect of the Secretary (Ind & Com) to be one of the respondents in the W.P.No.847 of 2014.
2. Does not arise.
3. Does not arise Being dissatisfied, the complainant filed a First Appeal. The FAA order is not on record.Page 5 of 11
CIC/UTPON/A/2023/648927 Information sought:
The Appellant filed an RTI application dated 27.07.2023 seeking the following information:
7 Numbers of Requested information is enclosed in PDF, Kindly provide information in Point wise to ensure transparency, objectivity and accountability in the functioning of the Public Authority under the Secretary to Government (Industries and Commerce).
1.(a) Provide information whether the detailed Recruitment rules for compassionate appointment/ policy and FAQs/total Number of application submitted/total number of application pending/total number of application disposed as per norms are published in the website of Directorate of Industries and commerce or not?. (b) Provide reason as information u/s 4(1)(d) for not uploaded in website.
I need the following information's from the PDL
2.(a) Provide information whether the detailed Recruitment rules for compassionate appointment/ policy and FAQs are published in the website of PDL or not?. (b) Provide reason as information u/s 4(1)(d) for not uploaded.
3. My application not considered for regular post under Direct Recruitment in Group "C" Post so far as per recruitment Rules in force till date in PDL. In this regard seeking following information from PDL. 3(a) Total Number of applications considered for regular post from 2014 to till date under direct recruitment as per the recruitment Rules in force. 3(b) Total number of application is pending.(b) information uploaded in PDL website or not.(c) reason for not uploaded u/s 4(1)(d).
4. Two persons regularized in 2015 by absorption from Casual Labouré to MPW in the name of compassionate appointment, in this regard furnish following information, 4(a) Copy of the minutes of the selection committee held on 25.02.2015 for regularization. 4(b) Copy of their order No. PDL/P&A/E3/CA/2015, dated.25.02.2015.4(C) Copy of the Note file, Name of the 2 persons, education qualification of the 2 persons. Age of the 2 persons.
5. Four persons regularized by ad hoc in 2021 in the name of compassionate appointment, in this regard furnish following information, 5(a). Copy of the Note file including the approval of the Secretary to Government (Ind&Com) and order copy.
Page 6 of 116. Total number of persons and their Names worked in the year January 2015 to October 2015 as Daily Rated Casual Laborers.
7.(A) Total number of persons and their Names worked in the year January 2015 to October 2015 under the Scheme Corporate Social Responsibilities & Clean India Movement (Scheme).(b) Provide information whether the Scheme (to meet the particular exigency) is completed or not and their date of completion of Scheme.
The CPIO furnished a reply to the complainant on 29.08.2023 stating as under:
The Directorate of Industries & Commerce is the cadre Controlling Authority for the post of Technical officer and Assistant Director. The above two posts are belongs to Group B services. Hence the appointment on compassionate grounds is not applicable in the said posts. Thiru G Gaberon, LDC and Thiru Saravanan, Driver Gr I were deceased during their service. Hence daughter and son of them who have applied for employment on compassionate grounds were forwarded to DPAR for necessary action. The remaining points 2 to 7 pertains to PDL and the same has been forwarded to PDL for furnishing the reply to the applicant directly under intimation to this office. (Copy attached) Being dissatisfied, the Appellant filed a First Appeal dated 29.08.2023. The FAA order is not on record.
CIC/UTPON/C/2023/654538 Information sought:
The Complainant filed an RTI application dated 31.10.2023 seeking the following information:
1) Whether counter affidavit filed by the the chief secretary, Union territory of Puducherry, Central Secretariat, Puducherry or not.
2) Provide me the date it was filed.
3) Provide me the copy of the Counter affidavit.
4) Name of the chief secretary filed counter affidavit to Hon'ble divisional bench of Madras High Court for the aforesaid case.
5) Allow me to inspect the aforesaid case records u/s 2(j) of the RTI Act 2005.Page 7 of 11
The CPIO furnished a reply to the complainant on 06.11.2023 stating as under:
With respect to your RTI application dt.31.10.2023 under RTI Act 2005 sent to the O/o. the Chief Secretary on 03.11.2023 and received by this Directorate on 08.11.2023 for which it is informed that the application addressed to the Chief Secretary, Chief Secretariat, Puducherry, for furnishing information in respect of the case number W.A.No.2231 of 2023 and C.M.P. No.19363 of 2023 was forwarded to this Directorate with the instruction to furnish the reply as sought. In this regard, it is stated that the Directorate of Industries & Commerce has not filed any counter affidavit pertains to the W.A.No.2231 of 2023 and C.M.P. No.19363 of 2023. Therefore, the reply for the point number 2 to 5 does not arise.
Being dissatisfied, the complainant filed a First Appeal. The FAA order is not on record.
CIC/UTPON/C/2023/656396 Information sought:
The Complainant filed an RTI application dated 23.10.2023 seeking the following information:
1. Kindly allow me to inspect the File and obtain information under section 2(j) of the RTI Act 2005 under the Control of Public Authority in the Directorate of Industries and commerce regarding aforesaid Case No. 29398/2023.
The CPIO furnished a reply to the complainant on 05.12.2023 stating as under:
The information sought by Thiru. I. Arun under section 2(j) of the RTI Act 2005, it is informed that the Counter Affidavit for the said Case No. 29398/2023 has not been filed. Hence, inspection of such file does not arise, at present.
Being dissatisfied, the complainant filed a First Appeal. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaints.Page 8 of 11
Relevant Facts emerged during Hearing:
The following were present:-
Complainant/Appellant: Present through Video-Conference. Respondents: Shri Selvavinayagam, Superintendent & CPIO, Shri M Senthil Kumaran, PIO-cum-Superintendent, Shri S Muthukumaran, PIO, Shri Raghavan, PIO-cum-Superintendent, all present through Video-Conference.
Written submissions of the Complainant/Appellant and the Respondent are taken on record.
The Complainant/Appellant vide his written submissions dated 29.07.2023, 16.07.2024 and 18.07.2024 submitted that he is satisfied with the information provided and he wishes to withdraw the above-mentioned complaints/second appeal. The relevant para of his written submissions are reproduced hereinbelow:
CIC/UTPON/C/2023/633310:
"I am satisfied with the information provided by the PIO, So I don't want to pursue this matter further. As a result, I humbly pray before the Hon'ble Information Commissioner that my complaint may be dismissed and/or dropped, also I am requesting Hon'ble information commissioner to instruct/warn the PIO to be more careful in future while dealing with the RTI application so that no such time lapse and error would recur and the provisions of the RTI Act are complied with in letter and spirit."
CIC/UTPON/C/2023/655032:
"I inspected the file and I am satisfied with that, so I don't want to pursue this matter further. As a result, I humbly pray before the Hon'ble Information Commissioner that my complaint may be dismissed and/or dropped."
CIC/UTPON/C/2023/641961:
"As stated by the PIO in his written submission dated.11.07.2024 that personnel hearing held on 15.02.2023 at 11.00 AM in the chamber of the under secretary to Govt.(ARW) & the official informed to me regarding the action taken for to enable the appeal procedure in CPGRAMS as well as furnished the copies of the letter addressed to DARPG, New Delhi dated. 7.12.2023 and I am Page 9 of 11 satisfied with that, so I don't want to pursue this matter further. As a result, I humbly pray before the Hon'ble Information Commissioner that my complaint may be dismissed and/or dropped."
CIC/UTPON/C/2023/626523:
"I humbly submit that I inspected the records u/s 2(j) and I am satisfied, so I don't want to pursue this matter further and I request the Commission to treat this letter as a formal withdrawal of my complaint and close the proceedings and I am grateful for the efforts of the Commission in addressing my concerns."
CIC/UTPON/C/2023/631964:
"I am satisfied with the information received from the Public Information Officer; hence I am requesting Hon'ble information commission not to pursue the case further and requesting to drop the proceedings."
CIC/UTPON/A/2023/648927:
"I humbly submit that I am satisfied with that, so I don't want to pursue this matter further and I request the Commission to treat this letter as a formal withdrawal of my complaint and close the proceedings and I am grateful for the efforts of the Commission in addressing my concerns."
CIC/UTPON/C/2023/654538:
"I humbly submit that the then PIO called me and informed to me that the Director of Industries and Commerce as appointed Nodal appellate authority under appeal procedure as per the CPGRAMS and I am satisfied with the action taken by the official and I don't want to pursue this matter further and I request the Commission to treat this letter as a formal withdrawal of my complaint and close the proceedings in this regard and I am grateful for the efforts of the Commission in addressing my concerns."
CIC/UTPON/C/2023/656396:
"I humbly submit that I inspected the file in the Ind & Com and I am satisfied with that, so I don't want to pursue this matter further and I request the Commission to treat this letter as a formal withdrawal of my complaint and close the proceedings and I am grateful for the efforts of the Commission in addressing my concerns and thank you for your time and consideration."Page 10 of 11
Decision:
The Commission upon a perusal of records and after considering the above- mentioned submissions of the Complainant/Appellant, finds liable to be dismissed as withdrawn.
Accordingly, the above-mentioned complaints/second appeal are dismissed as withdrawn.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Chief Secretariat, Confidential and Cabinet Department, Puducherry - 605001.
The FAA, Secretary (DPAR), Chief Secretariat, Goubert Avenue, Puducherry - 605001.
The FAA, Directorate of Industries and Commerce, Industrial Estate, Huzuga Theatre, Thatanchavady, Puducherry - 605008.Page 11 of 11
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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