Central Information Commission
Pankaj Kumar vs Nuclear Power Corporation Of India on 4 May, 2021
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/NPCOI/A/2019/645096
CIC/NPCOI/A/2019/635641
Shri Pankaj Kumar ... अपीलकताा /Appellant
VERSUS/बनाम
PIO ...प्रद्वतवादीगण /Respondent
Nuclear Power Corporation of India Ltd.
Mumbai
Date of Hearing : 03.05.2021
Date of Decision : 04.05.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on dated
645096 12.04.2019 16.05.2019 23.05.2019 - 09.07.2019
635641 13.12.2018 11.01.2019 14.01.2019 - 09.03.2019
Information soughtand background of the case:
(1) CIC/NPCOI/A/2019/645096 The Appellant filed an RTI application dated 12.04.2019 seeking information on 14 points out of which he is seeking information on the following 06 points in the present Second Appeal:-
9. Norms/guidelines for recruitment & absorption of Stipendiary trainee ST/SA (Category-1) for Science graduates/Diploma Holder in Engineering in NPCIL from year 2000 to 2009
10. Norms/guidelines for weightage of training for Stipendiary trainees ST/SA(cat-1) for first promotion after absorption as SA/B from year 2000 to 2009 in NPCIL.
11. Promotion norms for Scientific assistants(ST/SA-cat-1) after absorption as SA/B from year 2000 to 2009 in NPCIL Page 1 of 4
12. Norms/guidelines for APAR submission for Scientific assistants after grading (ST/SA- cat-1) as SA/B from period 01/02/2007 to 30/06/2010.provide APAR period specifically who has absorbed as Scientific assistant/B on 01/02/2007 after one year Stipendiary training .
From 01/02/2007 to 31/07/2008. what is the break up of APAR period.How many APAR period for 01/02/2007 to 31/07/2008.provide norms /guidelines regarding submission of APAR period from 01/02/2007 - 31/07/2008.
13. Norms/guidelines for recruitment & absorption of Scientific officers through NPCIL from year 2000 to 2009.
14. Norms/guidelines for weightage of training for Trainee Scientific officers for first promotion after absorption as SO/C from year 2000 to 2009 The CPIO vide letter dated 16.05.2019 replied as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.05.2019 and the same remained unheard Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.Page 2 of 4
(2) CIC/NPCOI/A/2019/635641 The Appellant filed an RTI application dated 13.12.2018 seeking information on following 02 points:-
1.provide scanned/soft/hard copy of merit list/selection list of Stipendiary trainees category-1 candidates recruited by Health physics division of DAE/BARC in following batch:
a. 7th batch of Health physics division of DAE/BARC (One year training course from 30 July 1999 to July 2000 by Health physics division,DAE/BARC) b. 8th batch of Health physics division of DAE/BARC (One year training course from 01 March 2001 to March 2002 by Health physics division,DAE/BARC)
2. provide the certified copy of circular by competent authority of BARC Mumbai & NPCIL HQ Mumbai regarding Compensatory Off leave.
a.Eligibility of Employees to avail compensatory off. b.Also provide copy regarding avail compensatory off with Earned leave,casual leave,commuted leave,Half pay leave.Is compensatory off added with other leaves or not.
if compensatory off is to be availed alone,then provide circular regarding this. If compensatory off is to be not availed along with other leaves,then provide circular regarding this also.If compensatory off is to be availed with other leaves,then provide circular regarding this also.
The CPIO vide letter dated 11.01.2019 informed the Appellant that no information /documents are available in the record of NPCIL.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.01.2019 and the same remained unheard. A response dated 16.01.2019 is however available on record wherein it was stated that comments have been sought from the CPIO as on 16.01.2019.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Commission is in receipt of a written submission from the CPIO and Addl Chief Engineer, NPCIL in both these matters wherein he stated that the FAA vide letter dated 10.11.2020 informed the Appellant that the available information has been already provided to him.
The Appellant participated in the hearing through audio conference. He stated that in both these matters the first appeal was decided after a substantial delay of almost 2 years where a decision in concurrence with the views of the CPIO was taken.Page 3 of 4
The Respondent represented by Shri S.R. Trivedi, Sr Manager, NPCIL, Mumbai participated in the hearing through audio conference. He stated that point wise information as per available records has been provided to the Appellant in Second Appeal No CIC/NPCOI/A/2019/645096. As regards the RTI application under consideration in CIC/NPCOI/A/2019/635641 Shri Trivedi stated that no information/document was available in their record.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Hence, no further intervention of the Commission is required in the instant matter.
With the above observation, the instant Second Appeal stands disposed off accordingly.
Y. K. Sinha (वाई. के. नसन्हा) 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 4 of 4