Central Information Commission
Mr.Akash M. Saraf vs Bhabha Atomic Research Centre on 26 March, 2012
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Decision No. CIC/SG/A/2012/000245/18056
Appeal No. CIC/SG/A/2012/000245
Relevant Facts emerging from the Appeal
Appellant : Mr. Akash Saraf,
CDM, BARC, Trombay,
Mumbai -- 400 085
Respondent : Mr. S. Goverdhan Rao
PIO & Head (Personnel) Central Complex, IIIrd Floor, Bhabha Atomic Research Center (BARC), Trombay, Mumbai - 400085.
RTI application filed on : 26/07/2011
PIO replied : 26/08/2011
First Appeal : 12/09/2011
First Appellate Authority order : 11/10/2011
Second Appeal received on : 30/11/2012
:
S.No Queries Reply
1 Certified copies of letters/order! Resolution/ "Technical Officer" stream was introduced
notification under which 'Technical Officer' along with the revised guidelines for
stream came in existence in BARC. promotion of Scientific/Technical staff up
to Grade SO/E and equivalent, issued vide ref No. TC/l(52)/89/2009/26736 dated March 20, 2009, a copy of the same will be provided on payment of documentation charges of Rs 2/-(Rs 2 for one no. of page). 2 Name decided Officers' of the authority who to Trombay Council introduce 'Technical stream In BARC. 3 Certified copy of the resolution the meeting along An extract of the minutes of Trombay with date, which it was decided. Council approving the decision at SI.No.2 of in above will be provided on payment of documentation charges of Z 2/-k' 2 for one no. of page).
4 Certified copies of letters/order /resolution/ Please see the attachment referred at S No.1 notification about 'delegation of powers 'to the above. BARC to create a stream of 'Technical Officer'. Certified 5 Certified copy of he 'Gazette notification' of the Gazette notification is not necessary for Introduction of new stream of 'Technical DAE Officers' RC.
6 Certified copy of permission from Govt of DAE s exempt from consultation with Page 1 of 3 India /DoPT before executing the decision of DoPT in Matter of conditions of service of starting its employees.
new stream of 'Technical Officers' BARC 7 Information about the differences There is no difference between SO and TO between 'SO/C' & 'TO/C', between cadre SO/D '& TO/D and between SO/E except that So's are recruited through the & TO/E. Training School (OCES & DGFS) or K.S. Krishnan fellowship Programme and TO's are directly recruited (without Training School) or track changed from SA/Technical stream, based on additional qualification after qualifying the Departmental Qualifying Examination and track change/promotion interview . 8 Information about seniority With the same promotion date/year, the between SO/C & it/C, SO/D & seniority between SO and TO is identical. TO/D, SO/E & TO/E If date of promotion of the concerned employees is same for both the posts. 9 Information about seniority Same as SI.No,8 above.
between SO/C & TO/D, between SOlD & TO/E and between SO/E & TO/F 10 Whether SO/C, SO/D, SO/E can be No. promoted to TO/D, TO/h and TO/F respectively, 11 Information about seniority between SO/C & SA/E, between Seniority is defined by the date of acquiring SO/C & SA/F and between SO/C the and SA/G. Grade Pay. However, SO and SA are two different cadres (Scientific & Technical respectively) and hence, there Is no concept of seniority amongst them.
12 Whether SO/C can report to TO/D or TO/E In Reporting structure is not based on Grade management of BARC. Pay Seniority but governed by functional needs and responsibilities of the officers. 13 Whether SO/C can report to TO/D Do or TO/E in management of BARC.
14 Whether SO/C can report to SO/D Do OR SO/E In management of BARC.
15 Whether SA/E, SA/F & SA/G can Do report to SO/C in management of BARC.
16 Whether SNE, SA/F & SA/G can Do report to TO/C In management of ARC.
Page 2 of 317 Whether TO/C, TO/D, TO/E, TO/F and TO/G can Do report to SO/C in management BARC. 18 Certified copy of the Information that, under the No such order exists. However, in case of recent exam. i.e. DQE-TQ-2011 (One time track change, Grade Pay will be protected. exemption cases) the candidates at present In grade of SAID, SA/E, SAJF and SAIG will be considered for with grade of TO.
Grounds for the First Appeal:
Information provided regarding queries no 9 & 18 is incomplete and incorrect Order of the FAA:
'Drawing of inferences, making assumptions, providing advices, opinions, etc. does not fall under the purview of definition of 'information' under Section 2(f) of the RTI Act. It is seen from the spate of RTI applications and appeal made by Shri Saraf that he has been attempting to misuse the provisions of the RTI Act, with ulterior or mischievous motives to divert the working hours and resources of this Centre to respond to his queries, which have no relationship with any Public activity or interest.' Grounds for the Second Appeal:
The replies of the queries Sr. no 9 12, 13, 14, 15, 16, 17 and 18 I incomplete and incorrect Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. N. G. Krishnan, APIO on behalf of Mr. S. Goverdhan Rao, PIO & Head (Personnel Division) on video conference from BARC -Studio; The Respondent points out that this matter has already been decided in decision no. CIC/SG/A/2011/002956/17044 on 24/01/2012.
Decision:
The Appeal is disposed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 26 March 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 3 of 3