Prashant Kumar Vidyarthi vs Technology Development Board on 25 June, 2020

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Central Information Commission

Prashant Kumar Vidyarthi vs Technology Development Board on 25 June, 2020

Bench: Vanaja N Sarna

                              केंद्रीय सच
                                        ु ना आयोग
                     CENTRAL INFORMATION COMMISSION
                                बाबा गंगनाथ मागग
                              Baba Gangnath Marg
                         मनु नरका, नई ददल्ऱी - 110067
                         Munirka, New Delhi-110067

                                                       File nos.: (As per annexure)

In the matter of:
Prashant Kumar Vidyarthi
                                                           ...Appellant/Complainant
                                        VS
1.Central Public Information Officer
Technology Development Board (TDB)
Wing-A, Ground Floor, Vishwakarma Bhawan,
Shaheed Jeet Singh Marg, New Delhi - 110016
                                                                    ...Respondent

Date of Decision: 19/06/2020 File Nos. RTI application filed on 1.635769 05/01/2019 2.637743 08/02/2019 3.638134 08/03/2019 4.638493 16/02/2019 5.639402 30/03/2019 6.642309 04/05/2019 7.643556 17/04/2019 8.646639 20/04/2019 9.647294 24/05/2019 10.652244 26/07/2019 11.635995 17/01/2019 12.123739 13/03/2019 13.127061 07/04/2019 14.659946 10/08/2019 15.659952 02/09/2019 16.659990 12/10/2019 17.661582 25/10/2019 18.661583 25/10/2019 19.661601 05/11/2019 1

File No. CIC/TDEVB/C/2019/635769 The complainant has sought the following information:

1. An inquiry was initiated against 15 contractual employees by illegally suspending them by the person against whom the alleged complaint was made. Provide the rules under which such action was taken.

2. Provide convenient date and time to examine the files relevant to the suspension of 15 contractual employees, inquiry conducted by the Internal Inquiry Committee and termination of 5 contractual employees.

Also provide extract of relevant portion of noting file/correspondence file.

File No. CIC/TDEVB/C/2019/637743 The complainant has sought the following information:

1. Prescribed format for issuing an Office Order. Whether it can be issued without any reference number and with sd/- in place of signature by a division, namely Legal Division, without signature. Whether it has got any legal validity, if yes, under which rule.

2. TDB in its 52nd Board Meeting had freezed the number of contractual employees at 21. Mention the grounds on which additional contractual employees have been appointed by Dr.Bindu Dey. Confirm whether settlement of own appointed staff by Dr. Bindu Dey was the prime reason behind torturing and termination of the other contract employees who were working for so long to the full satisfaction of the organisation.

3. The Board in its 52nd meeting had approved finalization of a comprehensive manpower plan. Inform the action taken by the organization on it.

4. And various other information.

File No. CIC/TDEVB/C/2019/638134 The complainant has sought the following information:

1. Complete note of payment of salary and other allowances to contract employees for the month of April, 2018 till October, 2018 as required under Section 4(1)(b)(x) of the RTI Act.

2. Complete note of payment of salary and other allowances to contract employees for the month of January and February, 19.

3. Complete note of payment of salary and other allowances to TEMPORARY (including Scientist & TA) employees for the month of June, 2018 to December, 2018.

4. And various other information.

File No. CIC/TDEVB/C/2019/638493 The complainant has sought the following information:

1. Details of agreements signed during 2015-16, 2016-17, 2017-18 and 2018-19 (till September, 18) with name of company, project title, total cost, assistance sought, assistance sanctioned, sector wise, State-wise, details, etc.

2. Extracts of Minutes of Board Meetings where the Board has given its approval for sanctioning loan assistance to all the companies with whom TDB signed agreements during 2015-16, 2016-17, 2017-18 and 2018-19 (till September, 18).

3. And various other information.

File No. CIC/TDEVB/C/2019/639402 The complainant has sought the following information:

1. Copy of the advertisement published by TDB in the year 2017 regarding selection of Scientists.

2. Copy of the advertisement published by TDB in the year 2017 regarding selection of Section Officer, Under Secretary & Director / Dy. Director.

3. And various other information.

File No. CIC/TDEVB/C/2019/642309 The complainant has sought the following information with reference to RTI reply dated 03.05.2019:

1. Copy of communication issued to Legal Division for input with copy of input received from them may be provided w.r.t RTI No. 50011.

2. Copy of communication issued to Project Coordinator for input with copy of input received from them may be provided w.r.t RTI No. 50012.

3. Copy of communication dated 21/02/2019 issued to Project Divisions for input with copy of input received from them may be provided w.r.t. RTI No.50015.

4. And various other information.

File No. CIC/TDEVB/C/2019/643556 The complainant has sought the following information:

1. Confirm whether the laid down rules and procedures were taken into consideration in TDB, if yes, copy of all the advertisements published w.r.t. the post of Under Secretary, Section Officer and Scientists during 2016-17 and 2017-18 category wise, say deputation, contract and/or absorption.

2. Details of applications received and shortlisted under each category for specific posts in 2016-17 and 2017-18.

3. Details of appointments made against various categories in 2016-17 and 2017-18. Specifically mention the category published and category in which appointment made and on what grounds.

4. And various other information.

File No. CIC/TDEVB/C/2019/646639 The complainant has sought the following information:

1. Details of all the court cases initiated by ex-officials of Technology Development Board (TDB) (regular/contract) since inception of TDB in the year 1996 till April, 2018 and specify grounds of these court cases and final decision of court of law in respective cases

2. Provide report of the Committee constituted for EOC in 2016-17 along with action taken on recommendations

3. Certified signed copy of the contract between the complainant and TDB for the year 2017 and 2018.

File No. CIC/TDEVB/C/2019/647294 The complainant in his complaint has stated that he was not satisfied with the information provided to him on query Nos.1, 3 and 4:

1. Provide the reason for providing wrong information in reply to Point No. 10 of RTI number 50021. Provide copies of Show Cause Notices dated 09/07/2018 and 12/07/2018 which were issued in context to email conversation with US, TDB along with relevant approval date.

3. Provide the reason for updating the DOE EPFO on 31/08/2018 with relevant note portion and details of individuals involved while knowing that the matter is SUB-JUDICE before Honorable Delhi High Court as it is contempt of Court.

4. As per the note date 14/08/2018 of Vanusri V, the release of one month pay should be considered from the date of issue of termination letter which was approved by Bindu Dey on 04/09/2018 and the termination was issued by US on 05/09/2018. Provide the reason for not releasing 5 days salary till 05/10/2018 of the complainant along with 4 other employees. Provide relevant note portion mentioning the name of the person who has stopped the payment.

File No. CIC/TDEVB/C/2019/652244 The complainant has sought the following information:

1. The complainant's bank account statement shows a credit entry from Technology Development Board for an amount of Rs.5562/- dated 16/07/19.

Provide the reason of crediting such an amount to the account of the complainant after almost 10 months of termination.

2. After the termination of the complainant vide letter dated 05.09.2018, he did not authorize any official of the organization to access his account details. Provide information with documentary proof about the authorization for the same.

3. And various other information.

File No. CIC/TDEVB/C/2019/635995 The complainant has sought the following information:

1. Copy of the approval taken by Bindu Dey for getting HBA from TDB. If not, what action has been taken for the act of mis-conduct for overruling the laid down procedure.

2. Cost of the house purchased by Bindu Dey with details of relaxations taken, if any.

3. And various other information.

File No. CIC/TDEVB/A/2019/123739 The appellant has sought the following information:

1. Certified copy of FIR, certified snapshot from computer of preparing the said noting with creation date, details of officials present on 22/04/2018 for discussion on the matter with certified document for their presence, criteria of defining essential services.

2. Specify rule under which Legal Division issued Show Cause Notice to employees.

3. Details of individuals who assumed the involvement of suspended staffs (despite denial) in the said complaint. Details of officials who were leaking information to the outsiders with proof may be provided.

4. And various other information File No. CIC/TDEVB/A/2019/127061 The appellant has sought the following information:

1. Whether TDB has granted HBA to Dr. Bindu Dey.

2. Total amount of payment made to her.

3. Details of the officer who disbursed the amount to Mrs. Bindu Dey. Also provide the notings of drawing and disbursing officer.

4. And various other information.

File No. CIC/TDEVB/A/2019/659946 The appellant has sought the following information:

1. The appellant vide his e-mail dated 04/07/19 requested for issuance of his Form 16 for the financial year 2017-18 and financial year 2018-19 but even after more than 35 days and many reminders through mail and phone, he did not receive the same in hard copy. Provide the above mentioned Form 16 in original.

2. Provide copy of relevant documents wherein calculation towards preparation of Form 16 for the financial year 2018-19 was made which must include details of month-wise salary, allowances and other payment made, if any.

3. And various other information.

File No. CIC/TDEVB/A/2019/659952 The appellant has sought the following information:

1. Copy of terms of reference of the Committee on employee on contract, headed by Dr. M. R. Kulkarni for its meeting held in February, 2017.

2. Copy of the roles and responsibility and authorized work profile of Sh. Akshay Lal and Ms. Nalini Negi as ALO.

3. Copy of roles and responsibility and authorized work profile of Under Secretary, TDB

4. And various other information.

File No. CIC/TDEVB/A/2020/659990 The appellant has sought the following information:

1. Details of month-wise expenditure, with average number of consignments booked through speed post for the months of June-

October, 2018 with a copy of the notice of discontinuation of services received from Department of Post, if any.

2. Details of month-wise expenditure, with average number of consignments booked, on Courier bookings for the month of January- September, 2019.

3. Details of medium of issuance of reply of his first RTI dated 16/05/2018 whether by Speed Post or by Courier, etc.

4. And various other information.

File No. CIC/TDEVB/A/2020/661582 The Appellant has sought the following information:

1. Copy of Report of Financial Audit for the FY 2017-18 already laid before Parliament as confirmed by CPIO in reply to RTI Application.

2. List of candidates shortlisted for the post of Project Coordinator, ALO and Technical Assistant in 2019.

3. List of candidates selected for the post of Project Coordinator, ALO and Technical Assistant in 2019 with details of remuneration offered to selected candidates.

4. And various other information.

File No. CIC/TDEVB/A/2020/661583 The appellant has sought the following information:

1. The appellant was provided the list of officials with remuneration paid to them in reply to his RTI Application No. 50069. Provide the names of officials involved in the preparation of details about remuneration with documentary proof.

2. Provide the copy of approval granted on the recommendations of the Selection Committee, which selected Akshay Lal and Arpita.

3. Copy of processing note w.r.t his RTI Application no. 50069 along with copy of order issued and reply received from concerned division against point number 14 of the said RTI application.

4. And various other information.

File No. CIC/TDEVB/A/2020/661601 The appellant has sought the following information:

1. Recruitment Rules w.r.t engagement of Scientist, say - Deputation, failing which by Contract, failing which by Absorption. Confirm whether laid down rules were followed in recruitment of Scientists in 2017-18.

2. Panel of candidates is created only to fill the gap, if any, of the selected candidate do not join the post but when all the three selected appointees have joined the organisation, then the need of appointing another person from the panel may be specified. Provide approval of Chairman, TDB for appointment of Tarun Jain, as Scientist D as 4th Scientist against three sanctioned posts.

3. Tenure of previous employment of Tarun Jain as his records says that he has been unemployed at the time of applying in TDB.

4. And various other information.

Grounds for Second Appeals/Complaints The CPIO did not provide the desired information.

Decision:

The applicant vide letter dated 12.06.2020 sent his written submissions and submitted that reference to the decision of the Commission in his second appeals/Complaints against Department of Science and Technology, and in compliance with the Commission's direction about refraining from filing multiple RTIs with the same public authority, he wants to withdraw the following appeals/complaints as listed below:

File No.                                 File No.
1.CIC/TDEVB/C/2019/635769                11.CIC/TDEVB/C/2019/637743
2.CIC/TDEVB/C/2019/638134                12.CIC/TDEVB/C/2019/638493
3.CIC/TDEVB/C/2019/639402                13.CIC/TDEVB/C/2019/123739
4.CIC/TDEVB/C/2019/642309                14.CIC/TDEVB/C/2019/127061
5.CIC/TDEVB/C/2019/643556                15.CIC/TDEVB/C/2019/646639
6.CIC/TDEVB/C/2019/647294                16.CIC/TDEVB/C/2019/652244
7.CIC/TDEVB/A/2019/659946                17.CIC/TDEVB/C/2019/659952
8. CIC/TDEVB/A/2019/659990               18.CIC/TDEVB/C/2019/661582
9. CIC/TDEVB/A/2019/661583               19.CIC/TDEVB/C/2019/661601
10 CIC/TDEVB/C/2019/635995

In respect of the above submissions, the Commission accepts the withdrawal application of the applicant and hereby closes the above mentioned cases.

The cases are disposed of accordingly.

Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयक् ु त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रतत) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दिन ंक / Date 8 ANNEXURE Sl File No. no.

1. CIC/TDEVB/C/2019/635769

2. CIC/TDEVB/C/2019/638134

3. CIC/TDEVB/C/2019/639402

4. CIC/TDEVB/C/2019/642309

5. CIC/TDEVB/C/2019/643556

6. CIC/TDEVB/C/2019/647294

7. CIC/TDEVB/A/2019/659946

8. CIC/TDEVB/A/2019/659990

9. CIC/TDEVB/A/2019/661583

10. CIC/TDEVB/C/2019/635995

11. CIC/TDEVB/C/2019/637743

12. CIC/TDEVB/C/2019/638493

13. CIC/TDEVB/C/2019/123739

14. CIC/TDEVB/C/2019/127061

15. CIC/TDEVB/C/2019/646639

16. CIC/TDEVB/C/2019/652244

17. CIC/TDEVB/C/2019/659952

18. CIC/TDEVB/C/2019/661582

19. CIC/TDEVB/C/2019/661601 9

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