Tushar Kanti vs Department Of Public Enterprises on 9 March, 2021

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Central Information Commission

Tushar Kanti vs Department Of Public Enterprises on 9 March, 2021

Bench: Neeraj Kumar Gupta

                             के ीय सूचना आयोग
                    Central Information Commission
                         बाबा गंगनाथ माग, मुिनरका
                     Baba Gangnath Marg, Munirka
                     नई िद ी, New Delhi - 110067

ि तीय अपील सं     ा / Second Appeal No. CIC/DPENT/A/2019/114973

Tushar Kanti                                            ... अपीलकता/Appellant

                                    VERSUS
                                     बनाम
CPIO                                                    ... ितवादी /Respondent
M/o. Heavy Industries & Public
Enterprises, Lodhi Road, New
Delhi

Relevant dates emerging from the appeal:

 RTI : 21-08-2018             FA    : 03-12-2018           SA       : 02-04-2019
                                                           Hearing : 03.12.2020
 CPIO : 03-10-2018            FAO : 22-01-2019
                                                           & 26-02-2021

                                   ORDER

1. The instant matter was earlier listed before this Commission on 03.12.2020 wherein the matter was adjourned on the ground that the matter does not come under the work allocation of this Commission at the said period of time.

2. The matter is listed today for further hearing.

Hearing:

3. The appellant attended the hearing through audio-call. The respondent, Shri P K Saha, CPIO attended the hearing through audio-call.

4. The respondent submitted their written submissions dated 11.02.2021 and the same has been taken on record.

5. The appellant submitted that no information has been provided to him by the respondent on his RTI application dated 21.08.2018. The appellant stated that he had asked for copy of note-sheet that indicates the variation in respect of the approval of the ONGC Board for implementation of pay revision in respect of board and below board level executives w.e.f. 01.01.2017 based on the guidelines issued by DPE. The appellant stated that the pay-scale of ONGC is higher and the Page 1 of 3 recommendation is given by PRC. The appellant during the hearing kept on insisting that the Commission should look into the matter that as to how ONGC is giving higher pay-scale and the appellant has also been aggressive during the hearing that inquiry should be done by the Commission. The appellant further stated that an appeal has also been pending with ONGC.

6. The respondent submitted that vide their reply dated 03.10.2018, they have informed the appellant on point nos. 1, 3, 4 and 5 that no such information is available with DPE. On point nos. 2 and 6 of the RTI application, the respondent informed the appellant that DPE issues general guidelines which are applicable across all the CPSEs. Implementation of these guidelines rests with the administrative Ministry/department.

Decision:

7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the respondent has informed the factual position in the matter to the appellant on his RTI application dated 21.08.2018. The appellant was not satisfied with the reply given by the respondent public authority and was insisted during the hearing that the Commission should look into the matter and inquire into the irregularities. The appellant was also aggressive during the hearing and stated that negative judgment should not be given by the Commission. The appellant was aggrieved that as to how ONGC is giving higher pay-scale. The respondent has also informed the Commission that the FAA had transferred the application of the appellant to the Ministry of Petroleum and Natural Gas.

8. The Commission is of the view that the grievances cannot be redressed under the RTI Act and the Commission cannot adjudicate this issue that as to how the ONGC is giving higher pay-scale. The Commission is satisfied with the action/steps taken by the respondent in dealing with the RTI application of the appellant. The appeal against ONGC may be heard and adjudicated as and when it will be listed before the Commission. At this stage, no further intervention of the Commission is required in the matter.

9. With the above observations, the appeal is disposed of.

Page 2 of 3

10. Copy of the decision be provided free of cost to the parties.




                                                           नीरज कु मार गु ा)
                                       Neeraj Kumar Gupta (नीरज           ा
                                                               सूचना आयु )
                                     Information Commissioner (सू

                                                        दनांक / Date : 26-02-2021
Authenticated true copy
(अिभ मािणत स#ािपत ित)


S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)



Addresses of the parties:
1.    CPIO
      M/o. Heavy Industries & Public Enterprises

Department of Public Enterprises (Wage Cell) Public Enterprises Bhawan, Block-14 CGO Complex, Lodhi Road, New Delhi-110003

2. Tushar Kanti Page 3 of 3

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