Central Information Commission
Jitender Khanna vs Indian Council Of Agricultural ... on 13 April, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/ICARH/A/2022/621156
JITENDER KHANNA ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Indian Council of Agricultural
Research (ICAR) Hqrs., RTI Cell,
Krishi Bhawan, Dr. Rajendra Prasad
Road, New Delhi-110001. .... ितवादीगण /Respondent
Date of Hearing : 05/04/2023
Date of Decision : 12/04/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 18/11/2021
CPIO replied on : 17/12/2021
First appeal filed on : 18/01/2022
First Appellate Authority order : 16/03/2022
2nd Appeal/Complaint dated : 11/04/2022
Information sought:
The Appellant filed an RTI application dated 18.11.2021 seeking the following information:
"1. Please provide the copy of advertisement issued by ICAR for filling up the post of ALA after 2018.
2. Please provide the certified copy of complete note sheet of file in which the recruitment of ALA after 2018 upto till date was processed.
3. Please provide the note approving the cancellation (if any) of the process of recruitment of ALA advertised after 2018.1
4. Please provide Certified copy of extract of report of Cadre Review Committee 2017 (Pertaining to legal cadre).
5. Please provide the certified copy of complete note sheet (up to date) of file in which the issue of Cadre Review was processed by ICAR.
6. Please provide the certified copy of complete note sheet of file in which the Recruitment Rules for the posts of Legal Cadre was processed.
I may also be allowed to inspect both the files pertaining to issues /on points referred above and take certified copies of the extracts to be identified after inspection."
The CPIO furnished a point wise reply to the appellant on 17.12.2021 and stated as under:
"Point No. 1 & 3:
The requisite information contains 12 pages. As per the provisions of Right to Information (Regulation of fee and cost) Rules, 2005, the applicant is requested to deposit Rs. 24 (Rupees Twenty-four) as per the photocopy charges (Rs. 2/- per page) through the applicable modes.
Point No. 2, 4, 5 & 6:
The related issues are under examination in the Council, therefore, no information can be provided at this stage."
Being dissatisfied, the appellant filed a First Appeal dated 18.01.2022. FAA's order, dated 16.03.2022, upheld the reply of CPIO, and stated as under:
"I have gone through the contents of points No. 2, 4, 5 & 6 of his RTI application dated 18.11.2021 and reply of the US (Rectt.) & CPIO dated 17.12.2021. It has been observed that the CPIO rightly considered & replied on his application that the issues relating to cancellation of recruitment process and finalization of Recruitment Rules & Cadre Review matters are under examination in the Council, therefore, disclosing of any information is not feasible at this stage."
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through intra-video conference.2
Respondent: N K Sarvang, US (R&P) & CPIO present through intra-video conference.
The Appellant expressed his dissatisfaction with the denial of information against points no. 2, 4 to 6 of RTI Application on the following arguments -
".... the Recruitment notice for filling up the post of ALA was cancelled by ICAR on 13.12.2021 (copy as downloaded from website is attached) and thus the same was not under examination on the date of the reply/ disposal of RTI application i.e 17.12.2021. Thus the Information was denied by the respondent (CPIO & FAA) without any reasonable cause and moreover the information sought is not covered in any of the exemptions as provided under section 8 of the RTI Act. In response to point no. 2 &3 (point no. 4 & 5 of RTI application.....the Cadre Review Committee report was finalized by ICAR and the recommendations were notified by ICAR on e 18.06.2021. (Copy of the notification is annexed herewith) The RTI application was submitted on 18.11.2021 i.e. after 5 months of the notification of the Cadre Review Committee; report was issued and thus the response that the issues are under examination in the Council and no information can be provided is wrong, erroneous and contrary to the factual position. Moreover the information sought was pertaining to legal cadre only which has been wrongly & malafidely denied by the respondent (CPIO & FAA) without any reasonable cause and the information sought is not covered in any of the exemptions as provided under section 8 of the RTI Act. Information was denied by the respondent without any reasonable cause and the ' information sought is not covered in any of the exemptions as provided under section 8 of the RTI Act...."
The Appellant further harped on the fact that the replies of CPIO and FAA were totally silent on his prayer for inspection of files pertaining to the information sought for vide his RTI application. He prayed the Commission to direct the CPIO to provide all the requisite information.
In response to the contentions of the Appellant, the CPIO invited attention of the bench towards his written submission dated 29.03.2023 wherein he furnished a revised point wise reply which is reproduced in verbatim as under -
"...Point No. 1&3 The applicant was requested to deposit Rs.24/- (Rupees twenty-four only) for photocopy charges of the requisite information contained in 12 pages. However, same was not deposited by the applicant.
Point No. 2 The information is exempted under Section 8(1)(j) of the RTI Act, 2005.3
Point No. 4&5 The file i.e. F.No.Admn.14- 1/2019-R&P is related to Cadre Review of Administrative Group A, B and C posts (Administrative, Finance, Stenographers, Official Language (OL) and Legal Cadres) of 114 constituent units of ICAR, i.e., ICAR HQ / Deemed Universities / Institutes / National Research Centres / ATARIs / Bureaux / Directorates. Subsequent to the notification of cadre review dated 18.06.2021, many references were received from different Institutes/Units for reallocation/ re-distribution/ restoration/ change in the number of various posts in administrative cadre, sanctioned in the Cadre Review and the same was being examined on the file. Therefore, providing the requisite copies of this file at this stage, would have affected the policy decision being contemplated on the said file.
It is, however, submitted that, as of now, the action on this file is still under process.
Point No. 6 The action on the file concerned is complete and is available to be provided to the appellant..."
The CPIO further apprised the Commission that at the time of receipt of RTI Application, since the restructuring of legal cadre positions was under way ; the cadre review report cannot be treated as complete . Therefore, information as also the inspection of relevant files could not be provided to the Appellant at the premature stage. The CPIO further added that however, as per their extant norms, upon completion of cadre review process step by step, information on these aspects is uploaded in the public domain, where from it can be easily accessed from their official website . Furthermore, as far as information sought at point no 6 is concerned, since the Recruitment Rules for the posts of Legal Cadre have since been finalized ; the certified copy of note sheet of file can be shared with the Appellant.
The Appellant interjected to deny the submissions made by the CPIO stating that review the of legal cadre by the review committee had already been completed prior to filing of RTI Application. To this, the CPIO explained that restructuring of the legal cadre is under way and that till finalization of the consolidated cadre review report is completed with the approval of the concerned authorities , the cadre review report cannot be shared with the Appellant .
Decision:
The Commission upon a perusal of records and after considering the submissions of both the parties observes that the core issue raised by the Appellant in the 4 instant Appeal was denial of information by the CPIO against points no. 2 & 4-6 on the plea that the matter is under finalization. In response to which the CPIO clarified the factual position explaining that since the restructuring of legal cadre positions as also the cadre review report was under way and yet to be approved by the competent authorities therefore, disclosure of such information at this pre mature stage was not appropriate. However, the CPIO clarified that since process of finalization of recruitment rules for the posts of Legal Cadre has since been completed , information against point no 6 can be shared.
At the insistence of the Appellant and in furtherance of hearing proceedings ; as a scope of limited relief, the CPIO is directed to revisit the contents of point no. 4 of RTI Application and provide a revised reply intimating the factum of availability/ non-availability of records coupled with relevant information concerning the legal cadre only as per the provisions of RTI Act . In addition, the CPIO is further directed to provide a certified copy of complete note sheet of the file in which the Recruitment Rules for the posts of Legal Cadre was processed .
The information as directed above shall be provided along with a completed copy of latest written submission, free of cost to the Appellant by the CPIO after accessing the same from the concerned record holder within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5