Shrirag K. U. vs Mangalore Refinery And Petrochemicals ... on 3 March, 2025

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Shrirag K. U. vs Mangalore Refinery And Petrochemicals ... on 3 March, 2025

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/MRPLT/A/2024/605736

Shri Shrirag K. U.                                               ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO, Mangalore Refinery and Petrochemicals Ltd.              ...प्रनतवािीगण /Respondent

Date of Hearing                          :    27.02.2025
Date of Decision                         :    27.02.2025
Chief Information Commissioner           :    Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :           07.08.2023
PIO replied on                    :           29.08.2023
First Appeal filed on             :           06.09.2023
First Appellate Order on          :           05.10.2023
2ndAppeal/complaint received on   :           12.02.2024

 Information sought

and background of the case:

The Appellant filed an RTI application dated 07.08.2023 seeking information on the following points:-

"1. A copy of amendment of recruitment rules approved by the competent authority for creation and filling of newly created E2 grade and the effective date of the amendment?

2. Under which group/cadre the newly created E2 grade is classified in the recruitment rules i.e. whether it comes under Group A or Group 87

3. A copy of DoPT guidelines/instruction/orders with regard to introduction of new Grade E2 in MRPL including the duties and responsibilities attached to the new Grade

4. Consequent to the introduction of new Grade E2 as the entry level management post/grade, what are the consequential changes effected or proposed to be effected in the recruitment/promotion policy in respect of the promotion grades existing at present"

The CPIO, GM(security), Mangalore vide letter dated 29.08.2023 replied as under:-

"Reply to point no. 1 The document sought by the applicant related to minutes of approval regarding introduction of new induction grade E2 in Management cadre is an internal document which has no relation to any public activity. However, the circular related to introduction of new Induction grade E2 in Management Cadre is enclosed as Annexure-1.

Page 1 of 3

Reply to point no. 2 The employees of MRPL are classified into two categories: Management cadre and Non-management cadre. The newly inducted E2 grade comes under Management cadre.

Reply to point no. 3 All the DoPT guidelines/ directives are available in public domain. Reply to point no. 4 Consequent to introduction of new grade E2, the progression period from E2 grade to A grade is fixed as 3 years."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.09.2023. The FAA vide order dated 05.10.2023 stated as under:-

"On perusal of the records in all the four RTI Appeals, it seems that the information sought is voluminous and replying it individually may disproportionately divert the resources of the Public Authority. Therefore, in view of the same, it would be appropriate, rather than directing the CPIO to again reply to each of these queries, to allow the appellant to inspect the records relevant to his queries.

In these circumstance, the CPIO is hereby directed to fix the schedule for such inspection by the Appellant within a period of 30 days from receipt of this Order and without any further fee demanded from the appellant. However, the CPIO may prescribe for the conditions/instructions necessary to meet with the safety norms of the refinery and the appellant shall follow such instructions."

In compliance with the FAA's order, the CPIO, GM(Security), Mangalore vide letter dated 18.10.2023 replied as under:-

"In pursuance of the subject Order of the First Appellate Authority, we request you to kindly visit the Administration Building of MRPL, located at Post Kuthethoor, Mangalore-575030 on 26th October 2023 at 3:00 pm for the inspection of records.

To facilitate your entry to MRPL, please contact the undersigned upon your arrival at the MRPL Main Gate.

Please note that you must carry a valid ID proof when coming for the inspection of records. Also, please note that you will have to bear the cost of travel to Mangalore, and MRPL will not reimburse any expenses incurred on this account. Furthermore, your visit will be subject to security checks and other office rules and procedures."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission has been received from CPIO, MRPL providing point wise reply as under:

1. A copy of the amendment order in recruitment rules of MRPL was provided to the information seeker vide our letter No. MRPL/RTI/E/23/2334 dated 29/08/2023 (copy attached). Further, the note and approvals of the note by Board Sub Committee are of commercial confidence and are exempt from disclosure under Section 8 (1) (d) of RTI Act.

Page 2 of 3

2. The information that employees are classified into two categories.

Management and Non-Management cadre. The newly inducted E-2 Grade comes under the Management Cadre. This information has already been shared with appellant. There is no denial of information.

3. The information was already shared with the applicant that MRPL DOPT guidelines/directives available in public domain. It is further clarified the guideline relevant to the new Grade E-2 is DPE OM No. W- 02/0028/2017-DPE(WC)-GL-XIII/17 03.08.2017 (copy attached). dated

4. The information has already been shared with the applicant, stating that consequent to the introduction of the new E-2 grade, the progression period from E-2 grade to A grade is fixed at three years. It is further clarified that the induction-level grade for the management cadre in direct recruitment is now E-2 grade.

Copy of the written submission has been duly marked to the Appellant. Hearing was scheduled after giving prior notice to both the parties.

Appellant: The Appellant was present with Shri Sandeep Chalapadhi and heard through video conference Respondent: Shri I V Muralidaran - GM, Security attended the hearing through video conference.

Both parties reiterated their respective contentions with the Respondent stating that point wise information available on record and permissible under the RTI Act has been duly furnished to the Appellant, in the form of the written submission in terms of the RTI Act. The Appellant's counsel admitted that information had been received but stated that he was not satisfied with the information.

Decision:

Perusal of records of the instant case reveals that the Respondent had furnished information available on records, as defined under Section 2(f) of the RTI Act, in consonance with the provisions of the Act. Considering the fact that the response of the PIO is legally appropriate and well within the precincts of the RTI Act, no further intervention is warranted in this case, under the RTI Act.

The appeal is disposed off 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 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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