Central Information Commission
Richa Gautam vs Central Ground Water Board on 30 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/CGWBD/A/2023/121869
Richa Gautam .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Central Groundwater Board,
"Bhoojal Bhawan", NH - 4,
Faridabad-121001. ....प्रनर्वािीगण /Respondent
Date of Hearing : 25.07.2024
Date of Decision : 30.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 03.02.2023
CPIO replied on : 03.03.2023
First appeal filed on : 29.03.2023
First Appellate Authority's order : 24.04.2023
2nd Appeal/Complaint dated : 16.05.2023
Information sought:
The Appellant filed an RTI application dated 03.02.2023 seeking the following information:
1. Report and recommendations of Level 1 Internal Screening Committee held in Nov.- Dec., 2022 for considering promotions of Scientist-B to Scientist-C under FCS.
2. Report and recommendations of Level 2 External Assessment Board/Committee and Interview (Personal Talks of candidates) held in Page 1 of 5 Dec., 2022 for considering promotions of Scientist-B to Scientist-C under FCS.
3. Copy of documents of Richa Gautam, Sci-B placed before above committees and Interview Committee/Board for considering promotions of Scientist-B to Scientist-C under FCS.
4. Copy of Report and recommendations of Level 1 Internal Screening Committee held prior to Nov. 2022 for considering promotions of Scientist-B to Scientist-C under FCS.
5. Copy of Report and recommendations of Level 2 External Assessment Board/Committee and Interview (Personal Talks of candidates) held prior to Nov. 2022 for considering promotions of Scientist-B to Scientist-C under FCS.
The CPIO furnished a reply to the Appellant on 03.03.2023 stating as under:
In response to your application dated 03.02.2023 which was converted to online Registration No. CGWBD/R/P/23/00001, dated 15.02.2023 under RTI Act- 2005, a copy of CGWB Office Note No. 14- 01/RTI/2023/Sci.Estt-67, dated 24.2.2023 is enclosed herewith. In addition to the above your application has been transferred to the CPIO, DOWR (Department of Water Resources), RD & GR, New Delhi for providing the desired information directly to you.
Being dissatisfied, the appellant filed a First Appeal dated 29.03.2023. The FAA vide its order dated 25.04.2023, held as under.
2. On perusal of the above RTI & Appeal Applications it has been observed that the CPIO, CGWB, CHQ, Faridabad forwarded the RTI application dated 15.02.2023 to the APIO-3, CGWB, Faridabad the reply received from the APIO-3 dated 24.02.2023 which was sent to the applicant. dated 06.03.2023 through online portal & speed post dated 03.03.2023.
3. The applicant has filed the appeal on the ground of not satisfy with the information provided. In response to the appeal the comments of the above was invited vide letter of even No. dated 06.04.2023 and reminder dated 18.04.2023. In this regard the comments of the above officer vide Letter No. 4-02/2023-(RTI)-Lit.Cell-3104, dated 18.04.2023 along with letter dated 06.04.2023 are enclosed for providing the desired information.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 2 of 5Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video-Conference.
Respondent: Shri Rakesh Gupta, DD (OL) & CPIO, Shri P L Bhagora, Admn. Officer (Litigation) and Shri Mahesh Sah, Office Supdt., all present in person.
The Appellant, during the hearing, submitted that she will restrict her second appeal only on point Nos. 4 and 5 of the RTI application. She submitted that till date no information has been provided to her by the Respondent.
Written submissions of the Respondent are taken on record and the relevant paras are reproduced hereinbelow:
"The CPIO has furnished above information to Smt. Richa Gautam vide his letter No.27/RTI-RTI/28/2023-RTI-2043 dated 03.03.2023 and also informed her that her application has been transferred to the CPIO, Deptt. of Water Resources, RD & GR, MOJS, New Delhi for providing desired information directly to the applicant (Ann.3).
The applicant Smt. Richa Gautam not satisfied with above reply and made an appeal to 1 Appellate Authority(CGWB) on 29.03.2023 (Ann.4).
Scientific Estt. Section endorsed above appeal to Litigation Cell vide No.14- 01/2024-Sci. Estt. dated 10.04.2023 with the remarks that this information is available with Litigation Cell, Faridabad (Ann.5).
In this connection, it is stated that an OA No.611 of 2022 filed by Smt. Richa Gautam before the Hon'ble CAT, Lucknow on 19.12.2022 with prayer to allow her to appear provisionally in the personal talk/interview for the in-situ promotion to the post of Scientist-C under FCS to be held on 22.12.2022 in the Ministry of Jal Shakti, New Delhi.
Therefore, for prepration of counter reply of the said OA, the Litigation Cell has obtained the following documents in r/o Smt. Richa Gautam from the Deptt. of Water Resources, MoJS, New Delhi vide their letter No.42018/21/2022-(GW Estt.) Section dated 06.01.2023 in which it was clearly stated that these documents may be used for limited purpose for drafting Counter reply only (Ann.6):
a. Minutes of Internal Screening Committee.Page 3 of 5
b. Assessment sheets prepared by the Internal Peer Review Committee.
c. Minutes of the Board of Assessment.
d. Annual Work Report in respect of Ms. Richa Gautam Since, the Ministry has categorically stated that above documents may be used for limited purpose for drafting counter reply only and OA No.611/2022 of Ms. Richa Gautam was pending before Hon'ble CAT, Lucknow. Therefore, it was replied by Lit. Cell vide letter dated 18.4.23 that reply to RTI Appeal submitted by Smt. Richa Gautam cannot be provided. As she has filed an OA No.611 of 2022 in Hon'ble CAT, Lucknow and the case is still subjudice (Ann.7).
On receiving Notice from the office of Hon'ble CIC in 2nd Appeal of Smt. Richa Gautam, the matter has again been examined and it is observed that the counter reply in her OA was prepared on the basis of above documents received from the Ministry and same documents were provided to her through her Counsel in Annexures with above counter reply of OA. Therefore, it has been decided by the First Appellate Authority (RTI) and HoD that the above information received from Ministry may be provided to CPIO, CGWB to send to CIC to provide Smt. Richa Gautam, if consider necessary. It may also be informed to the office of Hon'ble CIC that informations on Point No.4 & 5 are not available with CGWB, therefore, CGWB is unable to provide said information"
The Respondent reiterated that the information sought by the Appellant on point Nos. 4 and 5 of the RTI application are not available in their office. It may be available with UPSC because prior to amendment of Rules, the promotion related DPC was conducted by UPSC as per the extant Rules. The Appellant's case falls under the amended Rules. These Rules have been duly notified.
Decision:
The Commission observes from a perusal of records that the main premise of the instant appeal was non-receipt of desired information on point Nos. 4 and 5 of the RTI application. The Commission observes that the CPIO has categorically informed the factual position in the matter to the Appellant that the information is not available in their records.Page 4 of 5
It is an admitted fact that the CPIO is only a communicator of information based on the records held in the office and hence, he cannot be expected to do research work to deduce anything from the material therein and then supply it to her. The CPIO can only provide information which is held by them in their records within the Public Authority.
No relief can be granted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Central Groundwater Board, "
Bhoojal Bhawan", NH - 4, Faridabad - 121001 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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