Central Information Commission
Mr.Manoj Kumar vs Nuclear Power Corporation Of India on 1 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002563/16057
Appeal No. CIC/SG/A/2011/002563
Relevant Facts emerging from the Appeal:
Appellant : Mr. Manoj Kumar
D-10/8, Anuvikas Township,
P.O. TAPP. Tal:Palghar,
Distt: Thane-401504,
Maharastra.
Respondent : Mr. S. K. Srivastava
Public Information Officer & Dy. Chief Engineer
Nuclear Power Corporation of India,
O/o The Deptt. of Personnel & Trg.,
V.S. Bhawan, Central Avenue,
Anushakti Nagar, Mumbai-400094.
RTI application filed on : 11/02/2011
PIO replied : 17/02/2011
First appeal filed on : 04/05/2011
First Appellate Authority order : 30/05/2011
Second Appeal received on : 09/09/2011
Information sought:-
1. Kindly provide a list of employees of NPCIL on whom penalty of Compulsory Retirement from service has been imposed since formation of the NPCIL.
2. Kindly provide-Information, Documents, Noting generated in relation to all the employees on whom penalty of Compulsory Retirement from service has been imposed during 01 Jan-2005 to 31 Jan-2011.
3. Kindly provide Information, Documents and Noting related to cases mentioned at St. No.1 and 2 above where final order has been passed in case of Compulsory Retirement from service.
4. Kindly provide- Information, Documents, Noting and entire case file in relation to Disciplinary proceedings instituted against me vide Order No. NPCIL/Disc. Cell/(C)/96/2008/M/118 dated, April 07, 2008 under Rule- 12 of NPCIL (Discipline & Appeal) Rules, 1996, /vide extent rules, signed by Chairman & Managing Director and Disciplinary Authority, NPCIL.
5. Kindly provide- Information, Documents, Noting and entire case file in relation my appeal Dated-
0810912010 against the ORDER NO.NPCIL/Disc. Cell/2(09)/2010/M/285, Dated 28JuIy, 2010, ISSUED BY Hon'ble CHAIRMANAND MANAGING DIRECTOR/DTSCIPLINARY AUTHORITY OF NUCLEAR POWER CORPORATION OF INDIA LIMITED
6. Kindly provide Information, Documents, Noting minutes of meetings and entire case file in respect of Order No. NPCIL/Disc. CeIl/2(09)/2010/M/39 Dated .28 Jan, 2011 passed by the Board of Directors and communicated by the Director (HR), NPCIL.
7. Kindly provide details of time frame for processing disciplinary proceedings cases in respect of officers of the NPCIL.
Page 1 of 9• Whether stipulated time frame at all the stages of the disciplinary proceedings has been, adhered by the lA and DA?
• If no, what action and by when that action against whom that action will be taken? • Please provide certified copy of relevant rules and procedures in accordance of which penalty of compulsory retirement, has been imposed by the CMD, NPCIL and confirmed by the NPCIL's Board of Directors.
8. Kindly provide Information, Documents, Noting of my entire service records (as available in my personnel file with the DAE/NPCIL furnishing relevant pages will not suffice the requirement) rendered by me in DAE as well as NPCIL (including my promotions, inclusion of my higher qualification AMIE, Transfers, NTC-Training records, Leave records, Memorandum, if any, Warning letters, Appreciation letters and, absorption in. NPCIL w.e.f. 01/01/1998, from DAE and etc (if any) from date of joining, in DAE to date of compulsory retirement from service in NPCIL.
9. Kindly provide certified copy and inform 'suitable date and time for inspection of original copy of Letter No:TAPS-3&4/HR/66/1/2007/E/480 Date' 12/02/2007.......
10. Kindly provide certified copy and inform suitable date and time for inspection of original copy of Letters dated29/1 1/2006 and 27/02/2007 of Shri PM Deshpande SO/F (R&D).
11. Kindly provide certified copy and inform suitable date and time for inspection of original copy of Letter NoTAPS-3&4/HR/66/1/2007/E/489 Date 12/02/2007.......
12. Kindly provide certified copy arid inform suitable date and Name for inspection of alleged torn Letter No.TAPS-3&4/HR/66/1/2007/E/489 Date' 12/02/2007
13. Kindly provide certified copy and inform suitable date and time for inspection of original copy of Letter No.NPCIL/NUB/HRG/GHCOMP/2006/606 dated September 5, 2006.
14. Kindly provide certified Copy of Letter No- Nil dated 08/08/2007 written by Dr Vidarshna Wankhede, MO/U TAPS Hospital, and inform suitable date and time for inspection of original Letter.
15. Kindly provide certified copy and inform suitable date and time for inspection of original Letter of Sh K.Manoharan, SO/SB KAPS on basis of which SME (FHS) KAPS Shri Jigdish Velluri has generated the letter No.KAPS/FHS/35000/98/S/12-11 dated 20.12.1998 Please also provide certified copies of Hindi Rajbhasa quarterly progress report for the period from October 1998 to December 1998 and , January 1999 to March 1999 and also training record of Shri K.Manoharan as his training was extended on account of his misbehavior with colleagues and seniors for my inspection.
16. Kindly provide certified copy and inform suitable date and time for inspection of original Letter No.TAPS-3&41R&D/2008/S/02 dated January 02, 2008 and a joint letter dated 02.0t2008 issued by Shri P M Deshpande, SO/F (R&D) and Shri A K shit SO/G (R&D).
17. Kindly provide proof of Communication I intimation given to inc at that time, date and place of the incident with regard to my unauthorized absence from duty as mentioned in Article I (when my absence was regularized by granting leave with salary) of Memorandum No.NPCIL/DiSc Cell/ (C)196/2008/M/118 dated April 07,2008 under Rule- 12 of NPCIL (Discipline &Appeal) Rules, 1996).
18. Kindly provide proof of communication/intimation given to me at that time, date and place of the incideht with regard to alleged charges mentioned in Article II of Memorandum No.NPClL/Disc. Cell/(C)/9612008/M/118 dated April 07, 2008 under Rule- 12 of NPCIL (Discipline &Appeal) Rules, 1996
19. Kindly provide proof of communication/intimation given to me at that time, date and place of the incident with regard to alleged charges mentioned in Article Ill- Para (i),(ii),(iii),(iv),(v) and (vi) of Memorandum N0NPCILIDisc. Cell/(C)/96/2008/M/1 18 dated April 07,2008 under Rule- 12 of NPCIL (Discipline &Appeal) Rules, 1996.
20. Kindly provide certified copy of proof of my attendance record/muster roll/magnetic card Punching record in original and letter from CS(R&D) NPCIL R&D Centre TMS Site-Tarapur, on the basis of which my salary was disbursed and other staff of R&D centre for the month of July Page 2 of 9 2005, August 2005, September 2005, October 2005, November 2005, December 2005, January 2006, February2006.
21. Kindly provide information and inspection in original Hindi Rajbhasa quarterly progress report for the moths of January 2006, February, 2006, March 2006 and January, 2007, February 2007, March 2007, October 2007, November 2007, December 2007, February: 2008, March, 2008, April, 2008 generated and published from TAPS3&4-TMS site Tarapur as well as HO Mumbai. (As During above period,' Issued these letters, are in nature of advise, warning Memorandum No-TAPS 3&4/R&D/2007/S/1O1, dated 17/11/2007.also and Memorandum No-TAPS 3&4/R&D/2007/S/100, dated 17/11/2007 This is the only way to establish truth and facts of fabricated letters generated by CS(R&D)/TMS Authorities because it must be in bilingual (1-lindi & English) as per Ralbhasa,Adhiniyam,1963 sub article 3(3)
22. Kindly provide certified copy of the proof which shows my presence at the time of treatment of my son Shri Himanshu Kesharwani (Medical File No- 20545 D) in connection with the alleged charges and also provide proof of communication/intimation given to me at that time, date and place of the incident in Article III Para (U) of Memorandum of charges vide N0NPCIL/Disc. Cell/ (C)/96/2008/M/118 dated April 07, 2008 under Rule- 12 of NPCIL (Discipline &Appeal) Rules, 1996
23. Kindly provide copy of service book from date of joining to till the date of my retirement including full details of promotion-(SA/B to SA/C, SA/C to SO/SB, SO/SB to SO/SC, and SO/C to Sold), carrier prospect, Details and records generated for transferring me within the NPCIL, details of memorandum, warning letters, Advice letters in personnel file, details of leave availed since my joining the service to till the July 2010 (ie. till the date of compulsory retirement).
24. Kindly provide certified copy of Confidential Report dossier from date of joining to till the date of compulsory retirement.
25. Kindly provide all documents and noting generated in the process of passing transfer orders from NAPS to KAPS and KAPS to NPCIL R&D Centre, TMS Site, Tarapur.
26. Kindly provide copy of noting leading to my promotion recommendation from August -2005, August -2006, August -2007, August -2008 from SO/D to SO/E.
27. Kindly provide copy of my attendance sheet/Muster Roll and details of magnetic identity card / punching record in respect of me the applicant as well as all other officers and staff of R&D for the month of February, 2009.
28. Kindly provide daily progress report, certified copy of action taken report and present status of appeal dated 19th October 2007 submitted for promotion and grievance submitted on 8/01/2008 to Honorable CMD NPCIL, and application dated 03/04/2008 to the ADO &D-NS) NPCIL VS Bhavan Mumbai- regarding performance indication and promotion.
29. Kindly provide daily progress report, certified copy of action taken report and present status of complaint submitted by me against Sh S.Ghosh SO/C (R&D) NPCIL R&D Centre regarding misbehavior dated 05/02/2009 to CS (R&D) vide dispatch No --R&D-40 dated 05/02/2009.
30. Kindly provide daily progress report, certified copy of minutes of meetings and deliberations made by the Board of Directors (Appellate Authority) in respect of my appeal dated 08/09/2010 which has been finally rejected by the Board of Directors/ Appellate Authority
31. Kindly provide daily progress report, certified copy of action taken report and present status of my request letters seeking transfer and were submitted to CS (R&D) through proper channel in the year of 2007 and 2008
32. Kindly provide daily progress report, certified copy of action taken report and present status of appeal dated 06.09.2010 submitted to CMD, NPCIL and Board of Directors of NPCIL by my wife Smt. Saraswati.
33. Kindly provide daily progress report, certified copy of action taken report and present status of appeal dated 1 9.012011 submitted by my son master Himanshu Kesharwani and my Guardian elder brother Shri Badri Prasad Gupta request dated... 19.01.2011 .. Seeking appointment to meet CMD, NPCIL and Director (HR), NPCIL Page 3 of 9
34. Kindly provide copy of policy, procedure and governing rules relating to employees seeking appointment to meet CMD, NPCIL and other members of Board of directors of NPCIL.
35. .
• Please provide a copy of Recruitment and Promotion policy and rules of NPCIL for Scientific & Technical Personnel:
• Please provide the documents relating to the criteria for promotion of officers / staff and the weight age attached to different parameters in performance appraisal. • Please provide a list of SO/C, SO/D and SO/E who failed /dropped in departmental promotion interviews during Jan-2005 to Jan-201 1 and were stationed at TMS - NPCEL. The information may be provided in--the following format Particulars of the officers who were dropped in promotion interviews:
Sr. Name of Designation Caster (SC/ST/OBC/General) Religion Year Officer In respect of aforesaid failed /dropped officers at point- c please also furnish following information: i. Whether these officers were warned or admonished so as to improve if they were found deficient in their works.
ii. Please provide copies of letters issued to these officers as well as me (The applicant) as at point No. 35 (c) above.
iii. On what basis promotion to the officers listed at Point 32 (c) above as well as me (the applicant) have not been considered?
iv. What are the shortcomings observed in their work as well as in my work (the applicant) by the superiors?
v. Please let me know various combinations of CR grading to enable a person to earn promotion from SO/D to SO/E in 04 years, 05 years, 06 years, 07 and 08 years? vi. Governing principals, rules and procedures attached to make adverse entry in Confidential Reports and communication thereof to the concerned employees. Please provide certified copy of the rules relating to the above as applicable in the NPCIL.
34.
• Please provide copy of guidelines effecting transfer of NPCIL employees, in public interest.
• Please provide copy of guidelines effecting transfer of employees, on compassionate ground with in NPCIL.
• Please provide copy of guidelines on mutual transfer • Please provide a list of officers holding the Sensitive Post at TMS-NPCIL. • Please provide a list of officers who have been transferred during 01 January-2005 to 31 Jan-201 1 in compliance with the CVC instructions seeking regular rotation and transfer of the officers holding the sensitive post in NPCIL • Please provide rules and guidelines for effecting transfer of the officer's holding the sensitive post.
• Please provide details of transfer requests received in R & 0 groups TMSNPCIL during 01 Jan-2005 to 31 Jan-2011.
• Please provide action taken on each of the transfer requests received in R & 0 group TMS- NPCIL for transfer during 01 Jan-2005 to 31 Jan-2011 • Please provide details under what circumstances arid authority CVC instructions seeking transfer/rotation of officers holding sensitive posts have not been complied at TMS- NPCIL.
Page 4 of 9• What action will be taken, against whom that action will be taken and by when that action will be taken for contravening the CVC instructions relating to rotation of officers holding the sensitive posts?
35. • Please provide certified copy of details of composition of screening committee(s) constituted by the NPCIL and its units for the period 01-Jan-2005 to 31-Jan-2011 for recruitments and promotions.
• Please provide certified copy of selection board I interview committees constituted by the NPCIL and its units for the period 01-Jan-2005 to 31-Jan-2011 for recruitments and promotions.
• Please provide minute of meetings of the selection board I interview committees which has interviewed me on 12/10/2007 and on in the month of November-2008.for my promotion from the post of SO/D to SO/E • Please provide copy of promotion order which was kept in sealed cover in respect of interview conducted on in November-2008 • Whether DoP&T order and government policies routed through DAE and Department of Public Enterprise are applicable on the NPCIL?
36. • Kindly provide daily progress report, certified copy of action taken report and present status of my application dated 06/4/2009 to Director (HR), NPCIL
37. Kindly provide details of the competent authority to whom I (Manoj Kumar,SO/D, R&D TMS-
NPCIL R&D Centre), was supposed to take prior permission before availing leave with documentary evidence,(Name, Designation and Address) at TMS Site Tarapur in my respect in token of evidence of unauthorized absence as alleged charge in Article-I of Memorandum No.NPCIL/Disc. CelI/(C)196/2008/M/118 dated April 07, 2008 under Rule- 12 of NPCIL (Discipline &Appeal) Rules, 1996, during period from 2005 to 2006 and 2006 to 2007.
38. Kindly provide certified copy of proof of communication to (Manoj Kumar SO/D,R&D- NPCIL R&D Centre, Employee Code No-1810570,TMS Site, Tarapur) for unauthorized absence from duties for the period of 10/02/2006 to 28/02/2006(19 Days) and proof of absence during the said period.
39. Kindly provide certified copy of proof of communication to (Manoj Kumar, SO/D, R&D- NPCIL R&D Centre, Employee Code No-1810570, TMS Site, Tarapur) for communication intimation /advice of Direction by TMS Authorities/get permission to avoid unauthorized absence from duties, for the period of: 06/03/2006 to 18/03/2006(13 Days) and proof of absence during the said period.
40. Kindly provide certified copy of proof of communication to (Manoj Kumar,SO/D,R&D- NPCIL R&D Centre, Employee Code No-1810570,TMS Site,Tarapur) for communication/ intimation /advice/Direction by TMS Authorities/get permission to avoid unauthorized absence from duties for the period of: 01/06/2006 to 01/06/2006(01 Day) and proof of absence for the said period.
41. Kindly provide certified copy of proof of communication to (Manoj Kumar, SO/D,R&D- NPCIL R&D .Centre Employee Code No-1810570,TMS Site,Tarapur) for communication/ intimation /advice/Direction by TMS Authorities/get permission to avoid unauthorized absence from duties for the period of 21/06/2006 to 21/06/2006(01 Day) and proof of absence For the said period.
42. KindIy provide certified copy of proof of communication to (Manoj Kumar, SO/D,R&D- NPCIL R&D Centre, Employee Code No-1810570,TMS Site,Tarapur) for communication/ intimation /advice/Direction by TMS Authorities/gel permission to avoid up authorized absence from duties for the period of: 16/12/2006 to 16/12/2006(01 Day) and proof of absence for the said period.
43. Kindly provide certified copy of proof of communication to (Manoj Kumar, SO/D,R&D- NPCIL R&D Centre, Employee Code No-1810570,TMS Site, Tarapur) is in the habit of remaining on unauthorized absence From duties without intimation to /permission of Competent authority Page 5 of 9 during(Jan, 2005 to Dec, 2005, Jan, 2006 to Dec, 2006, Jan, 2007 tobec, 2007, Jan, 2008 to Dec, 2003) in last 04, years of service.
44. Kindly provide certified copy of proof of communication to (Manoj Kumar, SO/D,R&D- NPCIL R&D Centre, Employee Code No-1810570,TMS Site, Iarapur) for availing leave(10/02/2006 to 28/02/2006(19 Days)) without communication intimation to /prior permission of competent authority
45. Kindly provide certified copy of proof of communication to (manoj Kumar, SO/D,R&D- NPCIL R&D Centre, Employee code No. 1810570, TMS Site, Tarapur) for availing communication Intimation to/prior permission of competent authority.
46. Kindly provide certified copy of proof of communication to (manoj Kumar, SO/D, R&D- NPCIL Centre, Employee code No. 1810570, TMS Site, Tarapur) for availing leave(01/06/2006,01 Day) Without communication/Intimation to/prior permission of competent authority.
47. Kindly provide certified copy of proof of communication to (manoj Kumar,SOID,R&D- NPCIL R&D Centre, Employee code No. 1810570, TMS Site Tarapur) for availing leave (21/06/2006 to 21/06/2006. 01 Day)) without communication/intimation to/prior permission of competent authority.
48. Kindly provide certified copy of proof of communication to (Manoj Kumar,SO/D,R&D- NPCIL R&D Centre, Employee Code No-1810570,TMS Site, Tarapur) for availing leave(16112?2006 to 16/12/2006, 01 Day)) without communication/Intimation to/prior permission of competent authority.
49. Kindly provide certified copy and allow inspection of original letter No--
TAPS3&4/R&D/2007/S/19, Dt February 27, 2007, Treating of unauthorized absence of Sh Manoj Kumar, SO/D, R&D and enclosures, proof of communication given to (FIR) for treating the period of my absence from duties as an unauthorized absence at that point of time
50. Kindly provide certified copy and allow inspection of original letter letter No--
TAPS3&4/R&D/2007/S/03, Dt January 05, 2007, regarding Non-Submission of Leave Applications and my response to Manager (HR)
51. Kindly provide absentee statement forwarded to (HR) and leave availed statements in respect of me, all officers and staff of the R&D --TMS-NPCIL for the period from 01-Jan-2005 to 31-Jan- 2011.
52. Whether stipulations as mentioned in letter No--TAPS-3&4/R&D/20071S)03, Dt January 05, 2007 were equally made applicable on all the staff stationed R&D -- TMS-NPCIL?
53. If yes, please provide action taken against the officers and staff R&D -TMD_NPCIL who did not applied leave for the period January 2005. January 2006, January 2007, January 2008 and January 2009
54. what action will be taken against shri d.k. sisodia. Chief Superintendent (R&D) for practicing discrimination as making big issues when matter concerns me the manoj kumar, SO/D and no action instead showing inactive suspicious approach in respect of same matter when matter relates to his other subordinate officers and staff of R&D - TMS-NPCIL.
55. Kindly provide the certified copies of circulars with regard to system being followed to monitor the absence of employes issued by the HR Group from time to time about the rules regulation guide line of NPCIL. If one does not apply the leave what is the time delay allowed for taking action from Department as per rule and what is the provision of punishment? • Please provide a list of employees from TMS-Site and KAPS site against whom action has been taken for not adhering to rules relating to applying leave and unauthorized absence for the period from 01 jan 2005 to 31.jan-2011.
• Please provide action taken report and penalty imposed in all such cases.
56. Kindly provide the information, documents and guide lines issued by TMS Site. KAPS Site and NAPS Site in case of casual leave sanctioning authority and compensatory off sanctioning authority in lieu of extra hours work done.
57. Kindly provide the information documents and guide lines issued by TMS Site. KAPS Site and NAPS Site in the respect of delay allowed in leave regularization Page 6 of 9 of the year 2005 2006 and 2007 please furnish the information along with the list of employees.
58. Kindly provide the information, Documents and Guide lines/Circular issued by the NPCIL from time to time about if leave matter regularized and resolved by TMS authorities/DGM (HR) after representation in grievance cell and with held salary was credited in account, whether the same matter can be again included in charge sheet for punishment. Please furnish the information and list of employees from TMS site and KAPS Site against whom action in the similar circumstances has been taken.
59. Kindly provide the information Documents and status regarding my appeal revision/ review submitted dated 03/02/2011 to reviewing authority in NPCIL as well as in DAE Th-Chairman & Managing Director NPCIL to AEC Chairman. Secretary to Govt. of India Department of Atomic Energy, after rejection order dated 28/01/2011 vide order No. NPCIL / Disc. Cell/2 2010/M/39 Dated 28 jan, 2011 passed by the Board of Directors and communicated by the Director (HR). NPCIL In response to my appeal. I was absorbed against offer of absorption in NPCIL under prorate monthly pension scheme (presently Rs. 3500 per month, approx with DAE Memorandum No. 1/12 (1)/95-PSU-I/vol.V dated December 24,1997 with effect from 1.1.1998 (FN).
62. Kindly provide the certified copy of relevant pages protection in the case of dismissal/removal from service No absorbed NPCIL employee will be dismissed or removed without a review of the case by DAE. If ever one gets dismissal /removed from NPCIL Service for any post absorption misconduct the government retirement benefits will not e forfeited. (pl. refer page no 23 of offer of absorption in NPCIL Booklet) and also provide on what ground I was compulsory retired from service.
63. Kindly provide the status of my representation dated 29/09/2008, dated 28/02/2009 to IA Shri AK. Singh, CC: to Director (HR) Sh VC Agarwal and letter dated 03103/2009 to Shri AK Sigh (IA& MS TAPS 1&2) about letter handed hover to IA Shri A.K. Singh on 28/02/2009 regarding information of disciplinary proceeding
64. Kindly provide the information around taken by DA/appellate authority not considered the personnel hearing before disposal of appeal and awarding of punishment refer Annex II dated 11.02.2011 PIO response:-Time-limit for the disposal of appeals The following suggestions have been examined in order to achieve quicker disposal of appeals:-
(a) The need for and the feasibility of appointing additional appellate authorities whenever the present Workload of appellate authorities is unduly heavy and
(b) The prescribing of a procedure by which the position regarding pending' appeals could be reviewed by higher authorities at periodical intervals so as to take suitable and timely remedial action.
2. The two suggestions mentioned in Para I have been examined. Although the appellate authorities are expected to give a high priority to the disposal of appeals, there might be cases- I which the hands of the appellate authority' are. Too full arid it may not be able to devote the time and attention required for the disposal of appeals within a short1 period. In such case the appellate authority can he relieved of his normal work to such an extent as would be necessary to enable him to devote the required time and attention to the disposal of appeals pending before him by redistribution of that work amongst other officers. If, however, the number of appeals receivd1 or pending with any particular appellate authority is very large, the appellate work itself could he redistributed as -far as possible among a number of officers of-equivalent rank and in any case not below the rank of the appellate authority through a general order issued in exercise of the powers under Rule 24 of the CCS (CCA) Rules.
(2A) Personal hearing at the discretion of appellate authority in major penalty cases:-
Page 7 of 9The Staff side in the National Council (JCM) have requested that the Government servants against whom a major penalty has been imposed should he allowed the services of defense assistant to present their case before the competent authority at appeal/revision stage.
The proposal was discussed in the meeting of the National Council (JCM) on 31.01.1991 and it has been decided that in all those cases where a personal hearing is allowed by the appellate authority in terms of CM dated 28. 10.85, referred to above, the Government servant may be allowed to take the assistance of a defense assistant also, if a request is made to that effect.
[G.1.Deptt. of Personnel & Trg. OM No. 11012/2/91-Estt. (A) dated23.04.91]
3. As regards prescribing procedure for review of the position regarding Pending appeals, it has been decided. that, apart from the provisions laid down in the Manual of Office Procedure whereby cases pending disposal for over a month are reviewed by the & appropriate higher authorities, a separate detailed statement of appeals pending disposal for over a month should be submitted by the appellate authority to the next higher authority indicating articiia'i1y the reasons on account of which the appeals could not be disposed of within a month and the further appeals could notice disposed of within a month rid the further time likely to be taken for deposal of each such appeal, along-with the reasons there for. This would enable the appropriate higher authority to go into the reasons for the delay n the disposal or appeals pending for more than month, and take remedial steps wherever necessary to have the pending appeals disposed of without further delay. In cases where the appellate authority is the President under Rule 24 of the CCS (CCA) Rules, 1965, the aforesaid statement should be submitted to the Secretary of the Ministry/Department concerned for similar scrutiny.
[Cabinet Sectt. (Department of Personnel), OM No. 39/42/70-Ests(A) dated the 15th May 1971] (2) Personal hearing at the discretion of appellate authority in major penalty cases.
The Committee o the National Council (JCM) Set: up to review the CCS (CCA) Rules. 1965 has Recommended. That provision may -be made for personal hearing by the Appellate authority of the employee concerned if the appeal is against a major penalty.
2. The above recommendation has been considered in all its aspects. Rule 27of the CCS (CCA) Rules, 1965 does not, specifically provide for the grant of a personal hearing by the appellate authority to the. Government servant before deciding the appeal preferred by him against a penalty imposed on him. The principle of right to personal hearing applicable to a judicial trial or proceeding even at the appellate stage is not applicable to departmental. Inquiries, in which a decision by the appellate authority can generally be taken on the basis of the records before it. However, a personal hearing of the appellant be the authority at times will afford the former an opportunity to present his case more effectively and thereby facilitate the-appellate authority in deciding the appeal quickly and in a just and equitable manner. As Rule 27 of the CCA Rules does not preclude the grant. of personal hearing in suitable cases, it has been decided that: where the appeal is against an order imposing a Major penalty and the appellant: makes a specific request for a personal -hearing the appellate authority may after considering all relevant circumstances of the case, allow the appellant, as its discretion, the personal hearing.
Grounds for the First Appeal:
Unsatisfactory information was given by the PIO.
Order of the First Appellate Authority (FAA): The facts of the case are as under:Page 8 of 9
1. Shri Manoj Kumar vide his letter dated 11.2.2011 had requested CPIO. NPCIL the information regarding penalty of compulsory retirement, copies of ACRs, etc.
2. The CPIO, vide his letter No.NPCIL/VSB/CPIO/981/TMS/201 1/312 dated 11.4.2011 has provided part information and requested the Appellant to narrow down the remaining information since the same is voluminous.
3. Not satisfied with this, Shri Manoj Kumar now preferred an appeal before the first Appellate Authority, vide his letter dated 4.5.2011
4. I agree with the contents contained ii the said letter of CPlO
5. In view of the above, the appeal stands disposed off.
Grounds for the Second Appeal:
Unsatisfactory reply and Order of FAA received by the Appellant.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. S. K. Srivastava, Public Information Officer & Dy. Chief Engineer on video conference from NIC-Mumbai Studio;
The respondent points out that the Appellant appears to have exercised no reasonable restrain in asking for information. Even reading such a large application and trying to made sense of it would disproportionately divert the resources of the Public Authority. The PIO has asked the Appellant to ask for some reasonable amount of information which the appellant has not done. The Commission takes this opportunity to mention that a citizen is also expected to observe some responsibility and restrain when seeking information. In the instant case the Appellant has not done so.
Decision:
The Appeal is dismissed.
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 01 December 2011 (In any correspondence on this decision, mention the complete decision number.)(IN) Page 9 of 9