Central Information Commission
J. Ranganathan vs Indira Gandhi Centre For Atomic ... on 30 October, 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/DRTPS/A/2023/652643.
CIC/IGCAR/A/2023/653097.
Shri J. RANGANATHAN. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Directorate of Purchase and Stores.
Date of Hearing : 28.10.2024
Date of Decision : 28.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 10.07.2023
PIO replied on : 04.08.2023
First Appeal filed on : 03.09.2023
First Appellate Order on : 05.10.2023
2 Appeal/complaint received on
nd : 24.11.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 10.07.2023 seeking information on following points:-
"1. Please furnish copies of Annual Performance Appraisal Report APAR relating to myself for the period of last five years including for the year ending 2022 2023 updated as on date
2. Please furnish the details of Govt. Communique adopted in framing or designing existing online APAR portal dpsapar.igcar.anunet.in in MRPU in lieu of manual system already exists and changes if any made in the Structure Maintenance and Preparation of APAR other than manual mode with necessary approval there for.
3. Please furnish details in number the overall grading awarded to the employees as Very Good and Outstanding in DPS and other units including MRPU officials in respect of Stenographer Cadre during the last five years.
4. Please furnish copy of approval if any obtained from the Competent Authority by the Administrative Unit of MRPU for not disclosing the Earned Leave availed by the officer reported upon in the APAR online Page 1 of 4 portal under Part I Personal Data during the year ending 2022 2023 in MRPU Etc."
The CPIO, Chief Administrative Officer vide letter dated 04.08.2023 replied as under:-
"1. The information is exempted vide DoPT OM No.R 10/20/2006-IR dated 21/09/2007 regarding disclosure of ACR, under RTI Act 2005 and DAE instructions vide Note No. 33/8/2016-Adm/12474 dated 21.09.2016. As there is no public interest warranted in the instant RTL. Hence, the same cannot be provided.
2. Transferred to IGCAR under Section 6 (3) of the RTI Act, 2005 on 12.07.2023.
3. The information is exempted vide DoPT OM No. 10/20-2006-IR dated 21/09/2007 regarding disclosure of ACR under RTI Act 2005 and DAE instructions vide Note No. 33/8/2016-Adm/12474 dated p 21.09.2016. As there is no public interest warranted in the instant RTI. Hence, the same cannot be provided.
4. No such communication has been sent to Administrative Unit of MRPSU.
Etc."
PIO, Indira Gandhi Centre for Atomic Research, Administration-(Vigilance) vide letter dated 25.07.2023 as under :
IGCAR developed online APAR package integrated with Digital Signature Certificate (DSC) based authentication for DPS. The structure of online APAR is based on the manual APAR format and there is no change in the structure of APAR.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.09.2023. The FAA, Deputy Director-B, Department of Atomic Energy. Directorate of Purchase & Stores vide order dated 05.10.2023 stated as under:-
"6. Taking the above into consideration, the undersigned as Appellate Authority orders the CPIO to reexamine the RTI application of Shri J. Ranganathan for Point No. 1. 3 and 10 as per the provisions of RTI Act, 2005 within a period of 30 days form the date of receipt of this Order."
The FAA, Indira Gandhi Centre for Atomic Research, Administration-(Vigilance) vide order dated 01.09.2023 upheld the reply of PIO, Indira Gandhi Centre for Atomic Research, Administration-(Vigilance).
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 2 of 4Written submission dated 21.10.2024 has been received from CPIO, Directorate of Purchase and Store, Department of Atomic Energy, Mumbai and same has been taken on record for perusal.
Written submission dated 21.10.2024 has been received from CPIO, IGCAR, Tamil Nadu, and same has been taken on record for perusal. The relevant extract whereof is as under :
It is pointed out that Shri J.Ranganathan has sought information pertaining to details of Govt. Communique adopted in framing or designing online APAR portal dpsapar.igcar.anunet.in in MRPU in lieu of manual system already exists and changes if any made in the Structure Maintenance and Preparation of APAR other than manual mode with necessary approval there for. Since the online Annual Performance Appraisal Report(APAR) portal for Madras Regional Purchase Unit (MRPU) of Directorate of Purchase and Stores(DPS) is designed & developed by Indira Gandhi Centre for Atomic Research, Kalpakkam, CPIO, IGCAR has furnished the reply that IGCAR developed online APAR package is integrated with Digital Signature Certificate (DSC) based authentication for DPS. The structure of online APAR is based on the manual APAR format and there is no change in the structure of APAR.
It is pertinent to mention that the Appellate Authority vide his decision Order dated 01.09.2023 has clearly indicated that automation and information technology is used as a matter of routine in the functioning of an Office to simplify process and procedures and increase efficiency and for this no executive instruction is required. As a part of digitization of records and several initiations taken up by Government of India, several Government organisations promote to simplify the processes and procedures by implementing office automation projects in line with the existing manual procedures followed which can save time, costs and increase transparency without much human intervention. Also, Government of India on various instances has conveyed its decision directing the Government Organisations that the performance appraisal system for all services are to be made more consultative and transparent.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent Ms. Sajitha S. Nair, AO-III- participated in the hearing through video-conferencing.
The Appellant stated that the relevant information has not been furnished to him till date. He requested to direct the PIO to furnish information as sought.
The Respondent stated that the relevant information from their official record has been duly provided to the Appellant. She stated that APAR for the last 5 years have been duly provided to the Appellant.Page 3 of 4
Decision:
At the outset, Commission directs the concerned PIOs to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, 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 based on the averment made by the parties during hearing, directs the concerned PIO to provide an opportunity to the Appellant or his authorised representative, to inspect available and relevant records as sought in 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 as per 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.
Matters are 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 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)