Central Information Commission
Mra John Augustin vs Ut Of Pondicherry on 25 June, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No. CIC/YA/A/2014/000824
F.No. CIC/YA/A/2014/001304
Date of Hearing : 25.06.2015
Date of Decision : 25.06.2015
Complainant/Appellant : Shri A. John Augustin
Puducherry
Respondent : Shri
Dept. of Personnel and Administrative Reforms, Puducherry Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from complaint/appeal:
RTI application filed on : 20.11.2013 & 30.10.2013 PIO replied on : 16.12.2013 & 27.11.2013 First Appeal filed on : 30.12.2013 & 18.12.2013 First Appellate Authority (FAA) order on : No order & 13.01.2014 Complaint/ Second Appeal received on : 25.02.2014 & 11.02.2014
As the RTI applications are similar in the above-mentioned appeals, the cases are being heard and decided together.
F.No. CIC/YA/A/2014/000824 The appellant filed an RTI application dt. 20.11.2013, seeking information on 6 points regarding seniority of lists of Assistants, who were promoted as Superintendent, copies of note sent to DPC, list-wise break-up of vacancies, etc. PIO/Supdt.-DP&AR(PW)/SS-II in his reply informed the appellant that seniority of lists of Assistants can be obtained on payment of Rs. 44/- , no record is available on Points 3& 4 and that information sought on Points 2, 5 & 6 does not come u/s 2(f) of the Act. The FAA did not dispose of the first appeal.
The appellant stated that he has completed 24 years of service as UDC & Assistant and that he is eligible to be promoted to the post of Superintendent, as per the existing Recruitment Rules. He stated that because he has not been promoted as per the existing RRs i.e. why he is seeking this information. The respondent stated that according to the RRs who has completed 15 years of service as on 01.08.1991 will be promoted to the post of Superintendent. He stated that the appellant has joined in as LDC and is presently working as an Assistant since 20.12.2005, and has completed only 9 years of service. He has not cleared the accounts test (higher) conducted by the dept., for which he has not been considered for promotion. The appellant is requesting to grant him promotion by invoking provisions in the RRs for the post of Superintendent Grade
-II (erstwhile). He further stated that during the years 2010, 2012 & 2015 more than 400 employees have been promoted. He further stated that the FAA could not dispose of the first appeal within time, but the same was disposed of on 18.03.2014 with a direction to the PIO to provide the copy of note file leading to issue of memorandum dated 07.08.2013. The appellant stated that the draft RRs cannot come into force as the same have not been notified in the gazette. The respondent contended that the posts of Supdt. Grade I & II were amalgamated on 07.01.2000 and the promotions, since then, have been effected on the basis of these draft RRs only. The appellant stated that he only wants his case to be considered for promotion to the post of Supdt..
F.No. CIC/YA/A/2014/001304 The appellant filed an RTI application dt. 30.10.2013, seeking information regarding copies of Recruitment Rules under which promotion to the post of Superintendent from the post of Assistant was done, year-wise vacancy from 2005 for Superintendent, etc. PIO/Supdt.- DP&AR(PW)/SS-II in his reply informed the appellant on Point 1 that the RRs for the post of Supdt. Gr.I & II are available on their website, RRs for the post of Supdt. is pending for approval due to status quo ordered by the Supreme Court and that draft RRs can be obtained on payment of requisite fee. For the remaining points, the PIO stated that the same do not fall u/s 2(f) of the Act. The FAA in his order directed PIO to provide information on Points 2 & 6 of the RTI application.
The appellant stated that information only on point 1 has been received, the remaining points have been denied stating that the information is the form of clarification. The respondent stated that initially, information on points 2 to 6 were in the form of clarifications, however, in compliance of FAA's order, another reply dt. 03.02.2014 was sent to the appellant but the same returned undelivered with remarks "NOT KNOWN." He stated that the information has already been provided to the appellant.
Decision:
After hearing the respondents and on perusal of record, the Commission, in F.No. CIC/YA/A/2014/000824, find that the information as available on record has already been provided to the appellant. As for his request for his case to be considered for promotion, the Commission is not appropriate forum to decide on the same.
In F.No. CIC/YA/A/2014/001304, the Commission directs PIO/Supdt.-DP&AR(PW)/SS-II to provide a revised reply on points 3 to 5 to the appellant within three weeks of receipt of this order, under intimation to the Commission.
The appeals are disposed of accordingly.
(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 Copy to:-
Public Information Officer under RTI First Appellate Authority under RTI Superintendent-cum-PIO-(PW)/SS-II, Under Secretary to Government, Dept. of Personnel & Administrative Reforms, Dept. of Personnel & Administrative Reforms, (Personnel Wing), (Personnel Wing), , Chief Secretariat, Chief Secretariat, Puducherry-605001. Puducherry-605001.
Shri A. John Augustin 21, Savari Padayachi Street, Nellithope, Puducherry-605005.