Central Information Commission
Mr. C M Nimje vs Ministry Of Water Resources on 14 October, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2013/000708
October 14, 2013
Appellant : Shri Chandrakant Moreshwar Nimje
Respondents : Central Water and Power Research Station
Date of Hearing : 14.10.2013
ORDER
The present appeal, filed by Shri Chandrakant Moreshwar Nimje against the Central Water and Power Research Station, Pune, was taken up for hearing on 14.10.2013 when the Respondents were present through Shri R.K. Kamble, Joint Director, Shri S.K. Kataria, US and Shri D.P. Gaopakumar. The Appellant was, however, not present.
2. This matter, relating to the Appellant's RTI application dated 12.11.2011, earlier came up for hearing before the Commission and was remanded back to the Appellate Authority vide order dated 04.10.2012 (No. CIC/SS/A/2012/001551) for passing a speaking order in the matter. The operative portion of the Commission's order reads as follows:
CIC/SS/A/2013/000708 Page 1 of 4 2 "Having considered the submissions of the parties and perused the relevant documents on file, the Commission observes that the appellant belongs to the ST category and he has been subjected to caste verification before giving him promotion/ deputation/ absorption to various posts in CWPRS and PAO. In this context the appellant is seeking reasons why he has not been considered for absorption in certain posts, why he has been given promotion with certain terms and also reasons for why his caste verification is done, when there is no such provision for verification at the time of promotion and whether it is done in the past in the case of other ST candidates. The matter is remitted back to the FAA with the directions to pass speaking order, by giving reasons to each query of the appellant within three weeks of receipt of this order. In case, the appellant is not satisfied with the reply of the FAA, he is at liberty to approach the Commission in second appeal afresh."
3. Pursuant to the above directives of the Commission, the Appellate Authority passed an order dated 22.11.2012 wherein he examined all the queries figuring in the Appellant's RTI application dated 28.11.2011 and provided the information/reply to the Appellant against each point along with copies of supporting documents. He also explained in his order the position of rule relating to the subject matter of queries, wherever needed. The Appellate Authority also made a mention of DoPT O.M. dated 10.08.2010 based on which the verification of the person belonging to Halba/Halba Koshti caste was carried out by Caste Scrutiny Committee.
4. Having heard the submissions and perused the records, the Commission notes that the Appellate Authority has provided the factual information to the Appellant, while also explaining to him the position of rule in place. The Appellant, however, seems to be aggrieved by the denial of deputation and the conditional promotion granted to him which, according to the Respondents, was done as per DoPT O.M. mentioned hereinabove. The Appellant is thus now by way of present appeal seeking the Commission's intervention in the matter, which is purely administrative in nature and thus cannot be considered under the provisions of the RTI Act. 2
5. In view of the above the present appeal cannot be allowed and is hereby rejected. The Appellant may however resort to other legal remedies available to him, should he so desire.
(Sushma Singh) Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar Address to the parties:
1. Shri Chandrakant Moreshwar Nimje B 101, CWPRS Colony Kirkatwadi, Khadakwasla Pune 411024
2. The Central Public Information Officer (RTI) & Joint Director Ministry of Water Resources Central Water and Power Research Station Khadakwasla Pune 411 024
3. The Appellate Authority (RTI) CIC/SS/A/2013/000708 Page 3 of 4 4 & Director Ministry of Water Resources Central Water and Power Research Station Khadakwasla Pune 411 024 4