Central Information Commission
Rathindra Nath Bhakta vs All India Council For Technical ... on 12 September, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/AICTE/A/2023/129731
Rathindra Nath Bhakta ... अपीलकता /Appellant
VERSUS
बनाम
CPIO:
1. All India Council for Technical Education,
New Delhi
2. Saroj Mohan Institute of Technology,
Hooghly, W. B. ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 21.03.2023 FA : 10.05.2023 SA : 04.07.2023
CPIO : 12.04.2023 FAO : 17.05.2023 Hearing : 27.08.2024
Date of Decision: 10.09.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 21.03.2023 seeking information on the following points:
(i) Kindly supply me the copies of the details of Mr. Rathindra Nath Bhakta (AICTE Faculty 1D: 1-2636255908) and his salary sheet with details such as Pay scale, gross pay, PF deduction and TDS uploaded and/or submitted by the Saroj Mohan Institute of Technology (AICTE Institute ID: 1-9318604430) to All India Page 1 of 7 Council for Technical Education as per Approval Process Handbook for the year 2022-2023.
(ii) Kindly supply me the copies of the details of Mr. Rathindra Nath Bhakta (AICTE Faculty ID: 1-2636255908) and his salary sheet with details such as pay scale, gross pay, PF deduction and TDS uploaded and/or submitted by the Saroj Mohan Institute of Technology (AICTE Institute ID: 1-9328504430) to All India Council for Technical Education as per Approval Process Handbook for the year 2021-2022.
(iii) Kindly supply me the copies of the details of Mr. Rathindra Nath Bhakta (AICTE Faculty ID: 1-2636255908) and his salary sheet with details such as pay scale, gross pay, PF deduction and TDS uploaded and/or submitted by the Saroj Mohan Institute of Technology (AICTE Institute ID: 1-9318604430) to All India Council for Technical Education as per Approval Process Handbook for the year 2020-2021.
(iv) Kindly supply me the copies of the details of Mr. Rathindra Nath Bhakta (AICTE Faculty ID: 1-7636255908) and his salary sheet with details such as pay scale, gross pay, PF deduction and TDS uploaded and/or submitted by the Saroj Mohan Institute of Technology (AICTE Institute ID: 1-9318604430) to All India Council for Technical Education as per Approval Process Handbook for the year 2019-20.
(v) Kindly supply me the copies of the details of Mr. Rathindra Nath Bhakta (AICTE Faculty ID: 1-2636255908) and his salary sheet with details such as pay scale, gross pay, PF deduction and TDS uploaded and/or submitted by the Saroj Mohan Institute of Technology (AICTE Institute 1D: 1-9318604430) to All India Council for Technical Education as per Approval Process Handbook for the year 2018-2019. ..., etc./ other related information Page 2 of 7
2. The CPIO replied vide letter dated 12.04.2023 and the same is reproduced as under:-
In this regard, it is to inform you that no such information is available with this office.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.05.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 17.05.2023 stated that:
I, as Appellate Authority, perused the matter and found that no such information is available at AICTE. I am forwarding your RTI Appeal to the Director/Principal, Saroj Mohan Institute of Technology, Bengal, requesting to provide you the relevant information.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 04.07.2023.
5. The appellant's representative Mr. Debashish Babu attended the hearing through video conference and on behalf of the respondent Dr. Anil Sharma, CPIO, Ms. Samson Wartika, DEO, attended the hearing in person, Mr. Amit Kumar Mandal and Prashanto Kumar Pal, representative of the Institute, attended the hearing through video conference.
6. The appellant's representative inter alia submitted that the reply furnished by the CPIO was not in accordance with the information sought in the RTI application. He requested the Commission to direct the respondent to provide the information, as sought. A written submission of the appellant is reproduced as under:-
1. That before formulating my points for agitation I most humbly beseech your kind authority to the fact that I applied for Technical Assistant in SMIT, Diploma Division as per my qualification of B.Sc and Diploma in Mechanical Engineering.
2. However on 3 rd August 2004 the College Authority by changing the Designation of Technical Assistant, gave me Offer Letter for the post of Workshop Instructor and I accordingly joined there on 04.08.2004.Page 3 of 7
3. That on 20.12. 2004 the Director of the College sent me as Observer in the Semester examination in West Bengal Survey Institute Govt. of West Bengal where I was shown as Junior Lecturer.
4. That my service was confirmed on 03.08.2005 as a Workshop Instructor although I was sent to the aforesaid examination as Junior Lecturer. Importantly my service has been used by the College Authority both in Administrative part as also academic part without any proper scale of pay.
5. That subsequently I improve my qualification in MBA course taking sanction of the College and thereafter in the year of 2012, I prayed for higher scale of pay. I was denied for higher scale of pay although I came to learn from AICTE portal that I was uplifted to the post of Lecturer on 16.08.2015. It is surprising to mention that for registration in AICTE portal, AICTE ID 1- 2636255908. I am working there as a Lecturer till 31.01.2023.
6. That unfortunately and without following the principles of Natural Justice my yearly increment was stopped from July 2018 and D.A was reduced to the extent of @17% that is from @56% to @39%.
7. That unfortunately my salary was reduced to Rs.19970/- from Rs.33370/- without any cogent reason from 1st December 2019.
8. That during the Covid period I took the classes by online mode.
9. That from September 2021 my name was struck down from class routine, I was also detached from academy related teachers and students WhatApps group, excluded from academy college academic parts and kept sitting day after day (up to 31.01.2023).
10. That the College Authority also discriminated me by not increasing my salary where the selected teaching staffs were blessed with increment of Rs.1500/- Per Month from November 2022.Page 4 of 7
11. That on 31.01.2023 when I went to the College I was served with one superannuation letter and wherein there was no mentioning of my proper designation, lawful entitlement of Gratuity, Leave encashment and P.F etc.
12. I did not receive superannuation letter since my age of retirement would be 65 years instead of 60 years as I was shown as a Lecturer in the AICTE portal.
13. That as a Lecturer my date of retirement would be 31.01.2028 as my Date of Birth is 22.01.1963
14. That on 01.02.2023 when I went to College I was denied to sign on my attendance registered and cross mark (X) are given by red ink on my attendance registered but nobody signed.
15. That under the aforesaid circumstances I made a representation on 10.02.2023 to the Member Secretary of AICTE and in turn on 01.03.2023 AICTE suggested to resolve the issues through Grievance Redressal Committee of the College and on 05.04.2023 and 14.06.2023 , I prayed before the Principal and the Director of the society for redressal of my grievances through GRC (Regulation Act. 2021, date 25.03.2021).
16. As per advice of AICTE, I also furnished two representations on 28.04.2023 and
07.06.2023 to the Director of Technical Education, Government of West Bengal but no positive result did come forward.
17. Similar representation was also given on 07.07.2023 to AICTE who instead of taking proper steps showalloed of their responsibilities by only advising me to redress my grievances through GRC of the College.
18. That nothing positive since has come forward, I made an application on 21.03.2023 under the specific provision of RTI Act 2005 before the Public Information Officer.
Page 5 of 719. That on 10.05.2023, I had to file First Appeal before the Appellate Authority and thereafter on 04.07.2023, I made my second Appeal to the Central Information Commission and thereafter a reminder was sent on 13.09.2023.
20. The basic points which I sought under the statute of RTI Act, 2005 have been formulated in my Right to Information letter, the First Appeal and the Second Appeal.
21. That on the above score I most humbly put my questions to myself : -
(I) as to whether I was designated as Lecturer in SMIT.
(II) as to whether my personal liberty has been curtailed by reducing my Salary to more than 50% after diminishing my Dearness Allowance from 56% to 39%.
(III) as to whether my date of retirement should be on 31.01.2028 as I was Shown as a Lecturer in AICTE portal and to the extent of and in pursuance of the Government Order that the retirement of a Lecturer would be 65 years.
(IV) That on the aforesaid premises whether I am entitled to get my pay protection my back wages, my increments and increasement of my D.A and overall my gross salary as a Lecturer from the date of upliftment.
22. I humbly submit that the action of the College Authority is vindictive and bad in law as above, the non-action on the part of AICTE is discriminatory, perverse opposing the principles of Natural Justice and hence interference of your sagacity is earnestly prayed for interest of Justice.
7. The respondent while defending their case inter alia submitted that a response to the RTI application had been furnished to the appellant vide their letter dated 12.04.2023. He further submitted that breakup of the salary was not available with them, however they requested the Saroj Mohan Institute of Technology to provide the information as sought by the appellant. The respondent from the Saroj Mohan Institute of Technology submitted that they are a private body, however, agreed to provide the information to the AICTE.
Page 6 of 78. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that breakup of the salary was not available with the AICTE, as actual custodian of the information is Saroj Mohan Institute of Technology. The perusal of records further reveals that the Saroj Mohan Institute of Technology is a private body but affiliated to AICTE. Therefore, the Commission directs the CPIO of the AICTE to collect the records from the Saroj Mohan Institute of Technology and furnish the same to the appellant within 30 days from the date of the receipt of this order, under intimation to the Commission. With this observation and direction, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 10.09.2024
Authenticated true copy
Col S S Chhikara (Retd) कन ल एस एस िछकारा, ( रटायड )
Dy. Registrar (उप पंजीयक)
011-26180514
Addresses of the parties:
1. The CPIO
All India Council for Technical Education,
CPIO, RTI Cell,
Head Office: Delhi, Nelson Mandela Road,
Vasant Kunj, New Delhi-110070
2. The CPIO
Saroj Mohan Institute of Technology,
Principal/Director & CPIO,
Village- Roy Para, PO: Guptipara, PS- Balagarh,
Guptipara, Hooghly, W. B.-712512
3. Rathindra Nath Bhakta
Page 7 of 7
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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