Central Information Commission
Mahtab Ahmad Khan vs Nuclear Power Corporation Of India on 29 April, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NPCOI/A/2023/612973
CIC/NPCOI/A/2023/612974
CIC/NPCOI/A/2023/612991
Shri Mahtab Ahmad Khan ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Nuclear Power Corporation of India, ...प्रनतवािीगण /Respondent
Rawatbhata Rajasthan Site
Date of Hearing : 23.04.2024
Date of Decision : 26.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First FAO 2nd Appeal
No. on appeal /Complainant
received on
612973 02.08.2022 26.08.2022 09.09.2022 13.10.2022 15.03.2023
612974 04.08.2022 30.08.2022 14.09.2022 13.10.2022 15.03.2023
612991 19.07.2022 17.08.2022 26.08.2022 13.10.2022 15.03.2023
(1) CIC/NPCOI/A/2023/612973
Information soughtand background of the case:
The Appellant filed an RTI application dated 02.08.2022 seeking information about his EL and application for encashment of ELs and related grievance filed in NPCIL.
The CPIO and Sr Manager (HR), Rawatbhata Rajasthan Site, NPCIL vide letter dated 26.08.2022 replied as under:-
"1 (A) & (B):- Available information pertaining to misconduct ie. HQI 1611 for which additional charges to be deposited Rs. 110/- for 55 pages @ Rs. 2/- per page.
2:- Information sought is not covered under Section 2(f) of RTI Act, 2005.
3, 4 & 5: The matter is subjudice before the Hon'ble High Court Jodhpur.
Page 1 6:-Refer HQI-1570 on NPCIL (Leave) Rules for which additional charges to be deposited Rs. 124/- for 62 pages @ Rs. 2/- per page and action to be initiated as direction passed by the Hon'ble High Court in which you have filed the case.
7:- Please apply leave in IBA System for availing to initiate action for approval of Competent Authority.
8:- Matter is subjudice. In addition to that Futuristic information is not covered under definition of information as enumerated in section 2 (f) of the RTI Act, 2005.
9:- YES, you are going to retiring on 31/01/2025 and case is Sub-judice in the Hon'ble Court."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.09.2022. The FAA, NPCIL, Mumbai vide order dated 13.10.2022stated as under:-
"The response of CPIO is in order. Providing clarification on information supplied is not envisaged in RTI Act 2005."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO, NPCIL, Rawatbhata Rajasthan Site vide letter dated 10.04.2024 wherein the replies available on record were reiterated.
(2) CIC/NPCOI/A/2023/612974 Information sought and background of the case:
The Appellant filed an RTI application dated 04.08.2022 seeking information on following points:-
"A. (1) RR site/HR/5(1)1/CTO/2022/S/1404 dated 16/03/2022, if it is still in effect.
(2) Section 4.10.2.2 of HQI number-1570-R-1 on NPCIL leaves rules With above reference number-(1) which say that NPCIL has 300 earn leaves (EL/ELs) for set off against the recovery order dated 05/05/2022, please inform me on the fate of the said 300 ELs if as per the above reference number-(2) sanctioning authority does not suo motu grant me the encashment of these ELs when I retire from my services, provided that the matter as mentioned in reference number-(1) being sub-judice in honorable Jodhpur high court remains pending even when I retire from my services.
B (1) In view of section 4.6.3 of HQI-1570-R-1 supply the name of the category out of "leave not applied", "leave sanctioned" or "leave approved" to which the term "leave already availed" used pertains.
(2) In view of section 4.6.3 of HQI-1570-R-1 please inform whether the terms used "the leave already availed "applies for full day absence or half day absence with regard to the Page 2 kind of leave the letter number-RR Site/HR/5/1(1)/CTO/2022/S/1404 dated 16/03/2022 has for set off against recovery order.
(3) If the terms used "the leave already availed" applies for "leave not applied" with regard to earned leave, please supply the number of leave that I have not applied with their dates for which the above referred letter number- RR Site/HR/5/1(1)/CTO/2022/S/1404 dated 16/03/2022 was issued.
(4) Please inform whether terms used "the leave already availed" apply for short duties also.
C Please supply the certified extract of or the detailed path to the rule that allows rounding off the short duties to earned leave for debit purpose.
D If the terms used "the leave already availed" in section 4.6.3 of HQI-1570-R-1 does not apply for short duties, and there is no rule to round off short duties to earn leave for debit purpose, please inform me the basis on which the letter number- RR Site/HR/5/1(1)/CTO/2022/S/1404 dated 16/03/2022 was issued."
The CPIO, Rawatbhata Rajasthan Site, NPCIL vide letter dated 30.08.2022 replied as under:-
"A. (1) (2): No. As the matter is subjudice.
B. (1) (2): Please refer letter No. RRSite/HR/CTO/2021/S/1876 dated 05/05/2021 in which complete details already supplied. (Annexure-2 is enclosed).
1. Details are mentioned in letter No. RRSite/SD#56/2020/S/4440 dated 28/10/2020 (Annexure-1 is enclosed).
2. Please refer clause 11/2(g) of NPCIL (Conduct) Rules. Available information pertaining to misconduct i.e. HQI 1611 for which additional charges to be deposited Rs. 110/- for 55 pages @ Rs. 2/- per page.
A. Available information copy is enclosed in Annexure - 2 free of cost. B. :- माांगी गई सुचना अस्पस्ट है अतः सुचना अधिकार अधिधनयम 2005 की िारा 2(1) के अन्तगगत "सूचना" की पररभाषा में नह ां आता है ।"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.09.2022. The FAA vide order dated 13.10.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO, NPCIL, Rawatbhata Rajasthan Site vide letter dated 10.04.2024 wherein the replies available on record were reiterated.
Page 3 (3) CIC/NPCOI/A/2023/612991 Information sought and background of the case:
The Appellant filed an RTI application dated 19.07.2023 seeking information on following 10 points:-
"(1) Given the current situation in Integrated Business Application (IBA) please inform whether my repeated applying for encashment of more than 15 days earned leave (EL) is an act of misconduct.
(2) Given the current situation in IBA please inform whether my repeated applying for availing of more than 15 days EL is an act of misconduct.
(3) Please inform whether the decision dated 29/04/2022 of appeal number-
NPCIL/AP/174 is in effect. If yes, please inform on the reasons for which Shri Pritam Advani in his mail to me dated 13/07/2022, 12:38 hours did not refer this decision while the submission of EL encashment application number-200043981 dates later than this decision.
(4) Please inform whether the decision of grievance vide letter no-number-RR Site/HR/5/1(1)/CTO/2022/5/1404 dated 16/03/2022 is still in effect. If no, please inform on the reasons for which Shri Pritam Advani in his mail to me dated 13/07/2022, 12:38 hours referred this decision with regard to encashment application number- 200043981.
(5) Please inform me, whom the letter no- number- RR Site/HR/5/1(1)/CTO/2022/5/1404 dated 16/03/2022 is addressed to.
Etc."
The CPIO vide letter dated 17.08.2022 replied as under:-
"1 to 4 Information sought is not covered under the Section 2(f) of The RTI Act, 2005. Hence cannot be provided.
5 Manager (HR)-OL (PR) RR Site.
6 This reply letter issued against your appeal against grievance no. NPCIL/Gr/598 dated 19/03/2022. Please check online grievance. 7 Copy attached (Annexure-1).
8 Already replied (see Annexure-1 & Para 4 of Annexure 2). 9 No. Already informed vide letter no. 1404 dated 16/03/2022 (Copy attached) (Annexure-2).
10Refer HQI-1570 on NPCIL (Leave) Rules available in HQ Intranet."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 26.08.2022. The FAA vide order dated 13.10.2022 upheld the reply of the CPIO.
Page 4 Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO, NPCIL, Rawatbhata Rajasthan Site vide letter dated 19.04.2024 wherein the replies available on record were reiterated.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Shri D Kumar, Sr Manager (HR) The Appellant remained absent during the hearing despite prior intimation. Shri D Kumar stated that point wise information permissible for disclosure under the RTI Act, 2005 was provided to the Appellant in all the matters within the stipulated time period.
Decision:
Keeping in view the facts of the case and the submissions made by the Respondent, the Commission is of the view that appropriate replies as per the provisions of the RTI Act, 2005 have been provided. Hence, no further intervention of the Commission is required in the instant matters.
With the above observation, the instant Second Appeals stand disposed off 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 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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