Central Information Commission
Supratic Chakraborty vs Saha Institute Of Nuclear Physics on 24 July, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/SIONP/A/2024/627590
Shri Supratic Chakraborty ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Saha Institute of Nuclear Physics
Date of Hearing : 17.07.2025
Date of Decision : 17.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 14.04.2024
PIO replied on : 14.05.2024
First Appeal filed on : 16.05.2024
First Appellate Order on : 20.06.2024
2ndAppeal/complaint received on : 27.06.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 14.04.2024 seeking information on following points:-
"Query-1 Since the printable format of the Byelaws of the Saha Institute of Nuclear Physics (in short "SINP"), in vogue, posted on SINP website is not convenient to submit to any authority, I would like to request you to provide me certified photocopy of the said byelaws in a printable format without any heading and page links. Query-2 Since the printable format of the Recruitment and Promotion Rules of the Saha Institute of Nuclear Physics (in short "SINP), in vogue, posted on SINP website are not convenient to submit to any authority, I would like to request you to provide me certified photocopy of the said Recruitment and Promotion Rules in a printable format without any heading and page links. Query-3 On perusal of SINP Byelaws and Recruitment and Promotion Rules, it is evident that the said Rules were approved on 04.11.2020. Further, the above rules were also not posted on the SINP website Page 1 up to June, 2023 and, therefore, I was in the dark about such approval till August, 2023 and I came to know about such posting of copies Byelaws and Recruitment and Promotion Rules on SINP website only during mid of September, 2023. I also did not find any document(s) in the form of notice and/or circular in connection with adoption and/or implementation of updated Byelaws and updated Recruitment and Promotion Rules.
1, therefore, request you to provide me certified photocopy of any notice/circular, and/or documents in any form already circulated among the SINP employees, on adoption of the said updated Byelaws and Recruitment and Promotion Rules, posted on the SINP website sometime in September, 2023.
Query-4 Please provide me documents in any form indicating the date of posting of SINP Byelaws and SINP Recruitment and Promotion Rules on the SINP website.
Query-5 Please provide me a certified photocopy of the Trombay Council resolution on implementation of Annual Performance Appraisal Report (in short "APAR"), mentioned in Rule 37 of already approved SINP byelaws posted on its website.
Query-6 Please provide me certified photocopy of grade awarding pages of my Annual performance Assessment Report, evaluated by Assessing Authority (AA) and Reviewing Authority (ReA), covering/shielding the names, designations and signatures of the said AA and ReA for the years 2019-20, 2020-21, 2021-22, Query-7 Please provide me certified photocopy of file noting/action taken report and/or documents in any form on action taken by the office of the Director and/or any other office(s) in connection with my letter dated 14.03.2024 and reminder dated 22.03.2024 on the grounds/reasons/causes for not granting the financial benefits to me towards Performance Related Incentive Scheme (PRIS), released in February, 2024, for the half-yearly period from April, 2023 to September, 2023.
Query-8 Since APAR is not implemented in violation of Hon'ble Apex Court Judgment ((2008) 8 SCC 725], Trombay Council Resolution and updated SINP Byelaws in vogue, please provide me certified photocopy of documents in connection with any discussion/resolution/approval of SINP Governing Council and/or documents in any form on non-implementation of Rule 37 of SINP Byelaws in connection with APAR since 04.11.2020."
The CPIO, Saha Institute of Nuclear Physics, Kolkata vide letter dated 14.05.2024 replied as under:-
"Please establish your identity enclosing self certified documentary evidence."
Page 2 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.05.2024. The FAA vide order dated 20.06.2024 stated as under:-
Query No. 1-2:-Certified copy of the Bye-Laws is already available in the SINP website.
Query No. 3:-Not available.
Query No. 4:-Not available.
Query No. 5:-Available in Public Domain.
Query No. 6:-Exempted under 8(1)(j) and DoPT OM dated 16.09.11. However, Grades are provided here under.
YEAR GRADE
From To B+
2019 2020 A2
2020 2021 A2
2021 2022 A2
Query No. 7
Exempted under 8(1)(a). However, the reason was communicated to you through letter handed over on 02.05.2024.Query No. 8
Not available."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 10.07.2025 has been received from the Appellant and same has been taken on record for perusal Facts emerging in Course of Hearing:
Appellant: Present in through video-conferencing.
Respondent: Mr. Pankaj Pallav, AO-III- participated in the hearing through video-conferencing.
The Appellant stated that the relevant information has not been furnished to him till date. He averred that the information sought at point No. 5, 6 and 7 has not been provided by the PIO.
The Respondent stated that the relevant information as available in their records has been provided by the PIO. He stated that details of the grades have been provided to the Appellant. He averred that reasons as sought at point No. 7 of Page 3 the RTI Application has already been provided to the Appellant vide letter dated 02.05.2024.
Decision:
Commission, after perusal of case records and submissions made during hearing, directs the concerned PIO to revisit the instant RTI Application and provide a revised reply with respect to point No. 6 and 7 of the RTI Application along with necessary annexures if any , as available in their records, with regards to the instant RTI Application, to the Appellant, free of cost via speed post, within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. In doing so PIO must ensure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the Appellant and same must be redacted under section 10 of the RTI Act, 2005 prior to the said disclosure.
As regards the other points of the RTI Application, it is noted that Appellant's queries had been appropriately answered by the concerned PIO as per the provisions of the RTI Act.
Furthermore, it may not be out of place to mention that byelaws and recruitment and promotion rules, resolutions as followed by Saha Institute of Nuclear Physics should be placed in public domain in compliance of the provisions of Section 4 of the RTI Act in order to promote transparency and accountability in functioning of the public authority. There is no denying that the Respondent is duty bound by virtue of the provisions of Section 4 of the RTI Act to publish the information indicated in Section 4(1)(b) and 4(1)(c) on its website so that the public have minimum resort to the use of the RTI Act to obtain the information. Accordingly the Respondent public authority is advised to place the maximum information related to various byelaws and recruitment and promotion rules/circulars/policy decisions/ resolutions/orders/ issued or followed by their department on their official website as per the provisions of Section 4 of the RTI in the larger public interest. No further action lies. The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 4 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
1. It is recommended to publish following information or following categories of information in compliance with section 4(2) of the RTI Act, 2005- Upload bylaws and recritment and promoitional rules on the website .
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