Central Information Commission
Pranav Barapatre vs Indian Institute Of Information ... on 26 November, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/IIITV/A/2023/633304
Pranav Barapatre ... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
Indian Institute of Information Technology ... ितवादीगण/Respondents
Vadodara,
Relevant dates emerging from the appeal:
RTI : 23.02.2023 FA : 22.03.2023 SA : 06.07.2023
CPIO : 13.03.2023 FAO : 28.04.2023 Hearing : 20.11.2024
Date of Decision: 26.11.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 23.02.2023 seeking information on the following points:
(i) Specify the total number of regular employees recruited and joined year wise as mentioned below (excluding Temporary i.e. Outsource Contract, Scale Contract etc.) Year Group A Group B Group C From Recruited Joined Recruited Joined Recruited Joined 2017 to 2022 Page 1 of 7
(ii) Specify the total number of Contractual Employees (on Institute's Contract) recruited and joined year wise as mentioned below:
Year On Institute's Contract Total
Group A Group B Group C
Fixe Scale Fixed Scale Fixed Scale
d Contra Remuner Contr Remun Contr
Rem ct ation act eration act
uner (Level (Leve (Level
ation as per l as as per
th
7 per 7th
CPC) 7th CPC)
CPC)
From Recrui
2017 ted
to Joined
2022
(iii) Specify the total number of Contractual Employees (on Outsource Contract) recruited and joined year wise as mentioned below Year Group A Group B Group C From Recruited Joined Recruited Joined Recruited Joined 2017 to 2022
(iv) Specify the total number of Regular Employees who have applied for the Benefit of Service Transfer year wise as mentioned below:
Year Group A Group B Group C Total
From 2017
to 2022
(v) Specify the total number of contractual employees who have applied for the
benefit of Service Transfer year wise as mentioned below:
Year On Institute's Contract Total
Group A Group B Group C
Page 2 of 7
Fixe Scale Fixed Scale Fixed Scale
d Contra Remuner Contr Remun Contr
Rem ct ation act eration act
uner (Level (Leve (Level
ation as per l as as per
7th per 7th
CPC) 7th CPC)
CPC)
From Recrui
2017 ted
to Joined
2022
(vi) Specify the total number of application processed for the benefits of service
transfer from Jan 2017 to tll date:
(vii) Specify the average number of days required/ expected for processing the application of transfer of service henefits
2. The CPIO replied vide letter dated 13.03.2023 and the same is reproduced as under:-
i. This refers to your RTI application no. IIITV/R/E/23/00005 dated 23 February 2023 received to this Institute through RTI Portal on 23 February 2023. ii. It is intimated that the compilation of huge information! records sought as per your RTI Application, for questions 1 to 5, and then conversion of it in to electronic form would disproportionately divert the resources of the Public Authority IIIT (PPP) Vadodara. In this regard, section 7(9) of the RTI Act -2005 is relevant. In view of the foregoing, you are invited to visit this Institute with prior appointment for inspection of records/ documents and taking the copies of relevant and required documents/ information. In this regard, section 2(j) of the RTI Act -2005 is relevant. The required information will be provided to the Applicant as per the provisions of the RTI Act - 2005 iii. Specify the total number of applications processed for the benefits of service transfer from Jan 2017 to till date:
NIL Page 3 of 7 iv. Specify the average number of days required/ expected for processing the application of transfer of service benefits IIT Vadodara is an Institute of National Importance of Government of India. The Institute is governed under the IIIT (PPP) Act of Parliament. Under the policy of establishments, IIIT (PPP) institutes do not receive grant under the head OH -36 (salaries).
Accordingly, Institute does not have any policy on transfer of service benefits as on date."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 22.03.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 28.04.2023 stated that:
i. Information as sought in Point 1-5 in the RTI appeal pertains to collate the information in the manner in which it is sought by the Appellant. Hon'ble High Court of Delhi, in LPA 24/2015 & CM No.965/2015, The Registrar, Supreme Court of India Versus Commodore Lokesh K. Batra & Ors wherein it was held as under:
On a combined reading of Section 4(1)(a) and Section 2(), it appears to us that the requirement is only to maintain the records in a manner which facilitates the right to information under the Act. As already noticed above, "right to information" under Section 2(j) means only the right to information which is held by any public authority. We do not find any other provision under the Act under which a direction can be issued to the public authority to collate the information in the manner in which it is sought by the applicant. ii. Information as sought in Point 6 in the RTI appeal pertains to total number of application processed for the benefits of service transfer from Jan 2017 to till date, Appellate Authority informed appellant! CPIO that the response to information as sought in Point 6:
(a) As per the Institute's office order no. IIITV/2020-21/112 dated 19.11.2020.
No benefit where the Institute's finance is involved has been processed for any Page 4 of 7 ex-employee. However, in case of one ex-employee of IIIT Vadodara, the service book was transferred to their present employer on the request of the employer.
(b) Institute provided the employer with No Objection Certificate (NOC) for Pay Protection of the employee. Again, in this case no financial benefit was offered from IIT Vadodara as stated in Para 7(a) above.
(c) Paragraph 5(b) of the Office Order no. IIIT V/2020-21/1/12 dated 19.11.2020 clearly slates that "Transfer of service benefit viz. Gratuity, leave encashment etc. as approved by Institute in due course when service rules are framed, copy enclosed for ready reference.
iii. Information as sought in Point 7 in the RTI appeal pertains to the average number of days required/expected for processing the application of transfer of service benefits, Appellate Authority informed appellant/ CPIO that the response to information as sought in Point 6
a) There is no framed policy on transfer of service benefits at present, therefore no such timeline estimate is available with the Institute as no such case has been Processed till date.
iv. Appellate authority after further discussion/deliberation with CPIO/IIIT Vadodara gave a decision that appeal stands disposed of as the appellant did not turn up for hearings. Thus, the above appeal stands disposed of.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 06.07.2023.
5. The appellant and on behalf of the respondent Mr. Jigar Shah, CPIO, attended the hearing through video conference.
6. The appellant inter alia submitted that the reply provided by the CPIO was false and misleading. He requested the Commission to direct the respondent to provide the information, as sought.
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 13.03.2023.
Page 5 of 7He further submitted that information sought is voluminous in nature and collating and collecting the same would disproportionately divert the resources of the Public Authority hence, denied u/s 7 (9) of the RTI Act.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act vide letter dated 13.03.2023 and the FAA has further reiterated the reply provided by the CPIO. The perusal of records further reveals that the information sought is very voluminous in nature and collection and collation of the same would divert the resources of the public authority. In this regard, the appellant's attention is drawn towards the judgment of the Hon'ble High court of Delhi in the case of "The Registrar, Supreme Court of India vs. Commodore Lokesh K. Batra and Ors. [W.P.(C) No. 6634/2011], dated 04.12.2024. The following was thus held:
"11. Insofar as the question of disclosing information that is not available with the public authority is concerned, the law is now well settled that the Act does not enjoin a public authority to create, collect or collate information that is not available with it. There is no obligation on a public authority to process any information in order to create further information as is sought by an applicant......."
9. In view of the above, the Commission finds no scope of intervention in the matter. Accordingly, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 26.11.2024 Page 6 of 7 Authenticated true copy Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO Indian Institute of Information Technology Vadodara, CPIO, RTI Cell, Block No.-9, Government Engineering College, Sector 28, Gandhinagar-382028
2. Pranav Barapatre Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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