Central Information Commission
Mro P Agarwal vs Csir Hqrs.,New Delhi on 2 March, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/YA/C/2014/000132
Date of Hearing : 17.02.2015
Date of Decision : 02.03.2015
Complainant : Shri O.P. Agarwal,
Shri Rajshekhar Rao, Advocate
Delhi
Respondent : Dr. D.S. Bedi, CPIO
Shri Ashok Kumar, US
Ms. Pallavi Sengupta
Shri B.S. Balachandran, SO
CSIR, Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from complaint:
RTI application filed on : 11.08.2013
PIO replied on : 09.10.2013
First Appeal filed on : 08.10.2013
First Appellate Authority (FAA) order on : 19.11.2013
Complaint received on : 16.04.2014
Information sought:
The complainant sought information on 12 points regarding CSIR proposal for requesting upgradation of 10% of post of Scientist G/H in the scale of 18400-22400 to the scale of 22400- 24500, qualification/experience required for the post of scientist Groups IV(6) & IV(7), procedures/rules on the basis of which appointment is made in the above scales, copies of file notings/correspondence exchanged in relation to his assessment as Scientist Gr. IV(6) w.e.f. 01.01.19999, etc. Relevant facts emerging during hearing:
Both parties are present. The complainant filed an RTI application dt. 11.08.2013, seeking the above information. PIO provided a point-wise reply on all point, except on Point 11 to the complainant. The FAA disposed of first appeal filed by the complainant without giving any directions to the PIO, by merely stating that the complainant has not mentioned any specific point for which information has not been provided to him.
The complainant stated that the PIO provided a reply a day after he filed first appeal. He stated that no information was provided to him on Points 6, 8, 12 & 9 for the reason that files were not readily available and information sought was unspecific respectively. Further, Point 11 was not replied to at all. The CPIO stated that all the concerned files were shown to the complainant at the time of inspection but the other files are not traceable. He stated that they have even checked the weeding out schedule from the dept. but no reference was given regarding the concerned file. The complainant stated that his personal file is available only till 2002 and not 2005. The respondent affirmed that the documents on the complainant's file are available only till 2002 and stated that he cannot comment on where did the rest of the documents, i.e. till 2005, go.
On query by the Commission as to whether the complainant is ready to give his documents once again to the respondent authority, the complainant agreed for the same. However, he requested that an inquiry in this regard must be conducted as to where did his documents go along with the other files that are not traceable in the dept.
Interim Decision:
After hearing both parties and on perusal of record, the FAA is directed to conduct an inquiry, under the supervision of DG, CSIR, to trace the concerned missing/untraceable files on Points 6, 8 & 12 of the complainant's RTI application along with his own file which should have documents from 2002 to 2005 as well. This enquiry shall be conducted within four weeks of receipt of this order. If concerned files are not traced, then responsibility shall be fixed and an affidavit to that effect shall be filed before the Commission, along with the enquiry report, along with a copy of the same to the complainant. If the concerned documents are traced out, then the same shall be intimated to both the complainant and the Commission. A copy of the enquiry report, along with the relevant documents and the affidavit, shall be filed before the Commission, latest by 27.04.2015, after which the Commission will pass a final order. A copy of the enquiry report and affidavit shall also be endorsed to the complainant.
The Registry of this Bench is directed to put up this case before the Bench, latest by 06 th May, 2015. Fresh notices for hearing will be sent to both the parties, if desired.
The order is reserved.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar