Central Information Commission
Subrat Kar vs National Aluminium Company Ltd. on 19 September, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/NALCO/A/2022/645879
Subrat Kar .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
General Manager-(CC), National Aluminium Company
Limited (Ministry of Mines), Corporate Office-NALCO
Bhawan, P/1, Nayapalli, Bhubaneswar-751061 (Odisha).
प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 14.05.2022
CPIO replied on : 15.06.2022
First appeal filed on : 23.06.2022
First Appellate Authority order : 21.07.2022
Second Appeal received at CIC : 29.08.2022
Date of Hearing : 18.09.2023
Date of Decision : 18.09.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Information sought:
The Appellant sought following information:
1. Please provide copy of complete DPC-2020 proceedings for promotion from E08 to [09 grade showing applicant's marks on different heads (in line with R&P Rule No.1.1.22.5 i.e. AAR marks, Seniority marks, Interview/assessment marks) vis-a-vis others who were successful.
2. Please provide copy of applicant's Annual Appraisal Report (complete) for the 3 years that were considered in the recently held DPC 2020 for promotion from [08 to E09 grade.Page 1 of 5
3. Please provide 'Interview/Assessment of DPC' marks of all other candidates (may be 13 excluding applicant) interviewed by the committee on 18" April 2022 by redacting their names/identity, if those are not disclosable.
4. Please provide the number of vacancies in E-09 grade before promoting [08 executives in correspondence DPCs as on (i) 31" March'20 (ii) 31" March'21.
5. Please provide copy of approval for Number of posts considered for the DPC- 2020 for promotion to [09, for which interview was conducted on 18'" April'22.
6. Please also state whether ED (P&T) or/and ED (BD & RD) positions were vacant as per the positions occupied in P&T department prior 31" Mar'21.
7. (a) Please provide copy of approval/decision, if any, taken for not conducting DPC•2021 along with DPC-2020 for promotion from E08 to [09 grade as the DPC meeting for personal interview was held on 18" April '22. (b) Please also state whether any such proposal was initiated which was turned down later. If yes, copy of that processing may please be provided.
8. (a) Please provide the number of E-08 executives, completing less than 3 years in E-08 grade and were promoted to E-09 grade in previous 5 DPCs i.e DPC-
2019, DPC-2018, DPC-2017, DPC-2016, DPC-2015. (b) Please also provide how many E08 executives with similar functional areas completing 3 years or more in E-08 grade and with 2/3 'Outstanding' or 'Excellent' ACR rating and without and adverse/ disciplinary proceedings against them appeared for the personal interview before the respective DPC in past 5 DPCs as listed in query 8(a) and superseded by executives, who have not completed 3 years in [08 grade based on 'Interview/Assessment of DPC' marks. (c) Please also provide the names of executives appearing in answer to query-8(b). Etc. • PIO furnished reply, vide letter dated 15.06.2022, as under:
1. Please provide copy of complete DPC-2020 proceedings for promotion from E08 to [09 grade showing applicant's marks on different heads (in line with R&P Rule No.1.1.22.5 i.e. AAR marks, Seniority marks, Interview/assessment marks) vis-a-vis others who were successful.
Copy of proceeding showing the details of the applicant is enclosed at Annexure. (Page:56)
2. Please provide copy of applicant's Annual Appraisal Report (complete) for the 3 years that were considered in the recently held DPC 2020 for promotion from E08 TO E 09 grade.
Copies are enclosed at Annexure-l, il & IV. (Page:7-55)
3. Please provide 'Interview! Assessment of DPC' marks of all other candidates (ay be 13 excluding applicant) interviewed by the committee on 18th April 2022 by redacting their names/identity, If those are not disclosable.
Page 2 of 5Information is denied under Section 8(1)( of the RTI Act, 2005.
4. Please provide the number of vacancies in E09 grade before promoting EOE executives in correspondence DPCs as on (1) 31st March'20 (i) 31st March'21.
Copy is enclosed at Annexure:V. (Para 5.6)
5. Please provide copy of approval for Number of posts considered for the DPC-2020 promotion to E09, for which interview was conducted on 18th Apri'22 Copy is enclosed at Annexure. (same as above)
6. Please also state whether ED (P&T) or/and ED (BD & RD) positions were vacant as per the positions occupied in P&T department prior 31"
Mar'21.
Information does not comes under the purview section 2(f) of the RTI Act.
7. (a) Please provide copy of approval/decision, if any, taken for not conducting DPC•2021 along with DPC-2020 for promotion from E08 to [09 grade as the DPC meeting for personal interview was held on 18"
April '22. (b) Please also state whether any such proposal was initiated which was turned down later. If yes, copy of that processing may please be provided.
Information is not held
8. (a) Please provide the number of E-08 executives, completing less than 3 years in E-08 grade and were promoted to E-09 grade in previous 5 DPCs i.e DPC-2019, DPC-2018, DPC-2017, DPC-2016, DPC-2015. (b) Please also provide how many E08 executives with similar functional areas completing 3 years or more in E-08 grade and with 2/3 'Outstanding' or 'Excellent' ACR rating and without and adverse/ disciplinary proceedings against them appeared for the personal interview before the respective DPC in past 5 DPCs as listed in query 8(a) and superseded by executives, who have not completed 3 years in [08 grade based on 'Interview/Assessment of DPC' marks. (c) Please also provide the names of executives appearing in answer to query-8(b).
Information is not held
9. Copies are enclosed at annexures -vi &vii(pages 2-4) Page 3 of 5
10. Information does not comes under the purview section 2(f) of the RTI Act.
11.Copies are enclosed at annexures-viii (page-1)
12. Information does not comes under the purview section 2(f) of the RTI Act.
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 23.06.2022.
• The FAA vide order dated 21.07.2022 has upheld the reply of the CPIO.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present Respondent: Mr. L. Das (CPIO) Appellant has submitted that he has not received the information. He further requested the Commission to direct the CPIO to furnish the relevant information.
Upon the Commissions instance, the CPIO has submitted that they have provided available information point -wise vide letter dated 15.06.2022. He further affirmed that he would abide by the order of the Commissions.
Decision:
Commission, after perusal of case records and submissions made during hearing, observes that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Thus, the Commission is of the considered opinion that no further intervention of the Commission is warranted in this case.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Page 4 of 5 Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 5 of 5