Central Information Commission
Vijay Dhaker vs Nuclear Power Corporation Of India on 31 July, 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/NPCOI/A/2023/617950
निकायत संख्या / Complaint No. CIC/NPCOI/C/2023/618083
Shri Vijay Dhaker ... अपीलकताग/Appellant
निकायतकताग /Complainant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Nuclear Power Corporation of India
Date of Hearing : 26.07.2024
Date of Decision : 26.07.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal/complaint:
Case No. RTI Filed CPIO reply First FAO 2nd Appeal
on appeal /Complainant
received on
617950 28.11.2022 10.01.2023 12.01.2023 29.03.2023 07.04.2023
618083 28.11.2022 10.01.2023 -- -- 09.04.2023
Information soughtand background of the case:
(1)CIC/NPCOI/A/2023/617950 (2)CIC/NPCOI/C/2023/618083 The Appellant/Complainant filed an RTI application dated 28.11.2022 seeking information on following points:-
"I raised a complaint to Central Vigilance Commission (Complaint No: 201811/2022/vigilance-6 dated 29.06.2022).
The CVC has informed me that the commission has sent my complaint for necessary action to CVO, NPCIL and CVO, NPCIL will provide me further status about my complaint (complaint status copy attached for reference).
Kindly provide me the status of my complaint (CVC complaint no: 201811/2022/vigilance-6 dated 29.06.2022) and action taken thereof."
Page 1 The AD(CP & CC)-ED Power & Appellate Authority, Nuclear Power Corporation of India, Mumbai vide letter dated 10.01.2023 replied as under:-
"a) In this case inquiry proceedings are being carried out by Internal Complaints Committee (ICC), RR Site.
b) Shri Dhaker had submitted various representations earlier against Internal Complaints Committee (ICC), RR Site which were considered by the Competent Authority and Shri Dhaker was informed accordingly.
c) Shri Dhaker will have further opportunity to represent and raise his contentions as per the extant Rules; once the ICC completes inquiry and submits report to Disciplinary Authority."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 12.01.2023. The FAA vide order dated 29.03.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant/Complainant approached the Commission with the instant Second Appeal/Complaint.
Written submission dated 28.06.2024 has been received from the CPIO, NPCIL, Mumbai and same has been taken on record for perusal. The relevant extract whereof as under :
1. The Appellant, Shri Vijay Dhaker vide his application dated 28.11.2022 received on 28.11.2022 had requested CPIO, NPCIL about status of complaint (CVC complaint no. vigilance-6 dated 29.6.2022 made by Shri Vijay Dhaker.
2. Accordingly, the response was sought from the deemed PlOs and provided by the then CPIO, NPCIL, Shri S.K. Shrivastava to the applicant vide Letter No. NPCIUCPIO/Mumbai- HQ/1 27612022122491974 dated 28.12.2022 and balance response dated 0.01.2023
3. Not satisfied by the CPIO response, the appellant has preferred 1st Appeal on 1210112023 before the First Appellate Authority (FAA), NPCIL. The Authority examined the Appeal and responded vide FAA Order dated 29/03/2023 as follows: 'The response of CPIO is in order "
4. Now that we are in receipt of Notice for Hearing from the office of Hon'ble information Commission to be conducted on 0510712024 al 12:OQ PM after 2d Appeal made by Shri Vijay Dhaker to the Hon'ble Chief Information Commissioner.
5. Copy of the 2nd Appeal to CIC received in NPCIL along with CIC Notice. The same was reviewed and examined critically with the concerned agencies. lt is submitted that response provided to Appellant is in order.
6. lt is also submitted that the matter of Shri Vijay Dhaker regarding the disciplinary action against him has been discussed with the Page 2 deemed PlO, NPCIL Disciplinary Cell and the response/brief facts of his disciplinary case is attached as Annexure -1.
7. lt is also submitted that in total Shri Vijay Dhaker has filed around 140 RTI applications,106 First Appeals and around 50 CPGRAMS Grievance Applications in various NPCIL Units and HQs and appeals on this matter repeatedly. This requires collection of information from various sections,/Groups/Units of NPCIL and answering repeat RTI queries of similar nature involving no larger public interest. However, all efforts are made by to provide desired information in time. All of them have been responded.
Facts emerging in Course of Hearing:
Appellant/Complainant: Present through video-conferencing.
Respondent: Mr. Debashish Giri, CPIO, Samvati Modholkar, Sr. Manager, NPCIL, Kota, Mr. B.K.Sinha, CPIO, Vinod Pedke, Sr. Manager (HR), Mr. B.P. Rao, AGM (Vigilance), NPCIL, Mumbai- participated in the hearing through video-conferencing.
The Appellant/Complainant stated that the relevant information has not been furnished to him till date. He stated that he had sought information related to what action has been taken against on his complaint.
The Respondent reiterated the averments made in their written submission and stated that relevant information has been duly provided to the Appellant/Complainant. They further stated that Shri Dhaker had submitted various representations earlier against Internal Complaints Committee (ICC), RR Site which were considered by the Competent Authority and Shri Dhaker was informed accordingly. Furthermore, he will have further opportunity to represent and raise his contentions as per the extant Rules, once the ICC completes inquiry and submits report to Disciplinary Authority.
Decision:
At the outset, Commission directs the concerned PIO 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.
Upon perusal of records and submissions made during hearing, it is noted that the RTI Applicant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The Second Appeal No. CIC/NPCOI/A/2023/617950 is disposed of, accordingly.
Page 3 As regards the Complaint No. CIC/NPCOI/C/2023/618083, the Commission observes that prima facie there is no malafide intention of obstructing the information to the Appellant/Complainant, hence no action warranted under section 18 and 20 of the RTI Act. Therefore, the aforementioned Complaint is disposed off, accordingly.
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 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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