Central Information Commission
Ravinder Kumar Bhan vs Ut Of Jammu And Kashmir on 22 January, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग , मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2023/641261
Shri Ravinder Kumar Bhan ...
अपीलकताा /Appellant
VERSUS/बनाम
PIO, ...प्रद्वतवादीगण
UT of Jammu and Kashmir /Respondent
Date of Hearing : 09.01.2025
Date of Decision : 20.01.2025
Chief Information : Shri Heeralal Samariya
Commissioner
Relevant facts emerging from appeal:
RTI application filed on : 25.05.2023
PIO replied on : 24.06.2023
First Appeal filed on : 03.07.2023
First Appellate Order on : - -
2ndAppeal/complaint received on : 24.08.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 25.05.2023 seeking information on following points:-
A) On what grounds(how & why) out of below mentioned cadre employees were promoted/placed in the grade of Supervisor (1350-2400 pre-revised) without treating their seniority & basic feeding cadre for next higher cadre related promotion in consideration so far as order nos. Agro/ADM/(47)/AIDCL of 1984 dated 28/02/1984, Agro/ADM/34/AIDCL of 1994 dated 27/04/1994, Agro/ADM/64/AIDCL of 1995 dated 12/07/1995, Agro/ADM/CJ/(120)/AIDCL of 1996, Agro/MD/CJ/788-93 dated 23/12/1996 & Agro/ADM/CJ/(108)/AIDCL of 2002 dated 29/04/2002are concerned (procedure adopted for promotions).
1. Junior Assistants
2. Senior Assistants
3. Store Keepers
4. Head Assistants
5. Pesticide Assistants
6. Accounts Clerk
7. Tractor Operators Also copies of sanction strength of posts actually sanctioned before issuing the above said promotion orders be provided along with supporting documents in Page 1 confirmation for promoting officials from above various cadres as supervisor with their qualification..
B) How many promotion orders (employees promoted) were issued by the management of corporation in accordance with the corporation service rules which came into force w.e.f. 30/01/1970.Copies of all such orders be provided (so far as Supervisor cadre is concerned) along with copies of orders issued in accordance with Government Service Rules without utilizing the powers conferred to officers so far as Corporation Service Rules are concerned w.e.f Jan 1990 till August 2013.
C) Copies of orders issued in favour of the employees promoted as Supervisors by the Management of the Corporation on the basis of decisions/directions passed by the Hon'ble Courts of the State or Outside State w.e.f from Jan 1990 till August 2013.
D) Since inception of the corporation in the year 1970 in the State of J&K (Present U.T. of India) how many cases related to promotion of employees were referred to Government Ministry of Agriculture, Finance, Law & Parliamentary or any other Government Authority for getting/seeking approval / sanction/ opinion enabling the corporation to implement the Hon'ble Court decisions / orders/directions. Details of all such case to case basis with relevant supporting documents be provided along with copies of communication held with above Government Authority w.e.f 1996 till date. E) Provide list of all those employees / claimants of the corporation who will open Pandora's box from corporation having similarly situated grounds as of this information seeker namely R.K.Bhan is having for settlement of issue on the basis of Hon'ble court orders dated 08.06.2020 & who is repeatedly being harassed since 1996 by the corporation authorities by not implementing the repeated Hon'ble court orders passed since 1996 by one pretext or other & creating situations deliberately for this retired employee to commit suicide / or are waiting & wishing for my death by opting delaying tactics (for not implementing order dated 06.12.1996) perhaps being a poor, helpless & genocide sufferer from Kashmir.
F) And other related information"
The CPIO, UT of Jammu and Kashmir vide letter dated 24.06.2023 replied as under:-
A) All the records of the Corporation prior to 2014 have been destroyed in the flood and are not available in the Corporation at present. Also 20 years old record has been destroyed as per the approval of Board of Directors in 65th BoD's Meeting.
B) All the records of the Corporation prior to 2014 have been destroyed in the flood and are not available in the Corporation at present. Also 20 years old record has been destroyed as per the approval of Board Of Directors in 65th BoD's Meeting.
C) All the records of the Corporation prior to 2014 have been destroyed in the flood and are not available in the years old record has been destroyed as per the approval of Board of Directors in 65th BoD's Meeting. D) The Corporation didn't come across any such old promotion case after 2014 which required opinion from Law department. E) No such list has been prepared. However, it will be open to all the retired employees to put-up their cases of promotion on similar analogy. F) Etc"
Page 2 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.07.2023 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri A.H. Salaria The submissions of both the parties were heard. Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO. No further action lies. The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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