Central Information Commission
Indra Mani Rao vs Gail (India) Limited on 24 April, 2024
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/GAILD/A/2023/621539
Shri INDRA MANI RAO ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
GAIL (India) Limited
Date of Hearing : 22.04.2024
Date of Decision : 22.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 16.02.2023
PIO replied on : 21.03.2023
First Appeal filed on : 01.04.2023
First Appellate Order on : 28.04.2023
2 Appeal/complaint received on
nd : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 16.02.2023 seeking information on following points:-
"I want to information regarding DPC-2023 for E-4 to E-5 as mentioned below to submit a representation through proper channel to the concerned HR Department-
1- Please provide me with my mark obtained in DPC-2023 against each criteria as Qualification, Length of Service in the grade, Performance Rating, Field posting and DPC Modulation.
2- Please provide me with my mark obtained against each account of DPC Modulation in DPC-2023 as DPC Modulation mark of 15 marks shall be allocated for DPC modulation taking into account the following: (i) Varied experience, (ii) Manning/ Future Project Requirements, (iii) Organisational Requirement, (iv) Potential for Growth & (v) Leadership Qualities.. 3- Please provide me with a DPC-2023 for E-4 to E-5, considered cutoff marks for promotion.
4- Please provide me with a DPC modulation criteria mark in DPC-2023 for E-4 to E-5 cutoff marks for promotion."
The DGM (HR-Legal) & CPIO, GAIL (India) Limited, New Delhi vide letter dated 21.03.2023 replied as under:-
Page 1 RTI Reply/Comments S.I. No. Point Marks obtained by Shri Indra Mani Rao against various No. 1 notified criteria (except DPC modulation) for promotion from E-4 to E-5 grade in DPC-2023 were already shared on GAIL Intranet prior to the meeting of the duly constituted DPC committee. However, the Information sought by the applicant is as below:
Criteria Marks obtained in
DPC-2023
PADR 31
Qualification 15
Length of Service 0
Field Posting 5
DPC Modulation 3
Total 54
Point No such record exists. Further, it may be noted that DPC
No. 2 Modulation marks are allocated against a maximum of
12 marks in terms of extant Promotion Policy for promotion from E-4 to E-5 grade.
Point There is no cut off marks in terms of extant Promotion No. 3 Policy. However, the minimum marks scored by the last &4 promoted candidate from E4 to E5 grade was 57 in DPC-
2023, excluding the marks scored by SC/ST candidate
(s).
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 01.04.2023. The FAA vide order dated 28.04.2023 upheld the reply of CPIO and further stated as under:-
"....it has been observed that RTI appellant has sought additional information through the appeal. Accordingly, he is advised to file fresh independent application regarding the same as per the provisions of the statute."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 19.03.2024 has been received from the Appellant and same has been taken on record for perusal.
Written submission dated 08.04.2024 has been received from the CPIO, GAIL and same has been taken on record for perusal.
This is in reference to above stated subject. We are hereby filing our written submissions based on the inputs/comments provided by concerned process owner i.e. GM(HRD), GAIL Delhi office vide email Page 2 dtd.19.03.2024. Unsatisfied with the inputs provided by CPIO/FAA- GAIL, Shri Indra Mani Rao, RTI Appellant (Case No.CIC/GAILD/A/2023/621539) has filed second Appeal dtd.Nil in the matter before Central Information Commission. Vide his RTI request (GAIL RTI Dy.No.GAIL/ND/RTI/Indra Mani Rao/E/00088/2023) dtd.16.02.2023, the RTI Applicant has sought miscellaneous information w.r.t. marks allocated to him during DPC exercise for 2023.
It is worthwhile to mention that the RTI applicant is an employee of the public authority and the information sought by him is related to his personal interest. Disclosure of the same does not warrants any larger public interest. However, keeping in view transparency and accountability in the working mechanism of the public authority, applicant was provided information at application/appeal stage as per the provisions of the RTI Statute. In view of the fact that RTI Appellant was not satisfied and has filed 2nd stage appeal before the Hon'ble Chief Information Commissioner, Central Information Commission. It is to kindly inform that information as sought by the applicant has already been provided and pointwise justification regarding the same is as given below :
Pt.No.1: Bifurcated marks against each of the criteria i.e. PADR, Qualification, Length of Service, Field Posting and DPC Modulation with respect to DPC-2023 has already been provided by the public authority. Pt.No.2: DPC modulation mark given to the RTI Applicant/employee (eligible for promotion) by the DPC Committee is the consolidated marks taking into account parameters like Varied experience, Manning/Future Project Requirements, Organisational Requirement, Potential for Growth & Leadership Qualities.
Pt.No.3 & 4: There is no cut-off marks in terms of extant promotion policy. However, the minimum marks scored by the last promoted candidate from E4 to E5 grade was 57 marks in DPC-2023 (excluding the marks scored by SC/ST candidates).
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. N.K. Subarno, CPIO and Mr. Kompal Bali, Link-CPIO/Nodal officer - participated in the hearing.
The Respondent reiterated the averments made in their written submission and stated that the relevant information has been duly furnished to the Appellant from their official record.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of Page 3 cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the custodian of information. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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