Central Information Commission
Dr.Bishnu Charan Patro vs Ministry Of Health And Family Welfare on 16 February, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/003694/17401
Appeal No. CIC/SG/A/2011/003694
Relevant Facts emerging from the Appeal:
Appellant : Dr. Bishnu Charan Patro
R/o: Department of Communication,
NIHFW, Munirka,
New Delhi - 110067.
Respondent : Dr. Rajesh Kumar
CPIO & Assistant Professor Ministry of Health & Family Welfare, National Institute of Health and Family Welfare Baba Gangnath Marg, Munirka, New Delhi - 110067.
RTI application filed on : 03/12/2010 PIO replied : 02/02/2011 First appeal filed on : 11/08/2011 First Appellate Authority order : Not mentioned. Second Appeal received on : 13/12/2011 Information Sought:
1. Do the current Director, NIHFW, Prof. Deoki Nandan and the Acting Deputy Director (Admn.), Prof. VK. Tiwary respect and follow the established CCS Rules and other laws of the land? Do they run the administration in a democratic manner without any biasness, favouritism/nepotism towards anyone or discrimination against anybody by applying the established rules uniformly across the board or in a feudal way?
2. As per the existing Section 108 of the Central Motor Vehicles Rules-1989, the Director, NIHFW, isn't entitled to use a red-beacon light atop his official car. It may be informed why and how the current Director has misused his office by using such a detachable red beacon light atop his official car (Toyota Innova, DL 12 C 0564) on so many occasions in the earlier days.
3. The Vigilance Officer of Kendriya Bhandar, New Delhi, Mr. MG. Sasidharan, through his letter to Dr. J.K. Das, Chairperson, Stores Purchasing Committee, bearing the number F.No. K8/118/2009- Vig., dated 01-10-2009 had categorically written that some officials in NIHFW have produced forged and fake Kendriya Bhandar bills worth of Rs. 26,490/-. This is an act of fraud with an evil intention of bungling money from the government exchequer. Yet, why no disciplinary action has been taken against the erring officials even after a year?
4. As per the CCS Allotment Rules (Govt. Accommodation), an employee, irrespective of which category he/she belongs to, can retain the Govt. quarter only for two months from the date of his/her relieving while proceeding on Deputation on Foreign Service within India. Following the same rule; Dr. M.M. Misro, Faculty I/C, Workshop & Maintenance Office, had straight away rejected my request for retaining the NIHFW quarter while I was on deputation to NCERT through the office memorandum dated 28 May 2007 and I was compelled to vacate the NIHFW quarter.
Page 1 of 7Since I retained the NIHFW quarter 12 days more than the officially permitted two months, I was asked by Mr. D.K. Saini, Workshop & Maintenance Officer, to deposit a market rent of Rs. 3,421/- for 12 days through the office order dated 12 July 2007. It may be informed how the following officers have retained their respective NIHFW quarters while they are on deputation on foreign service although the same Director; the same Faculty I/C, W&M Office and the same W&M Officer have been there since long:
Name of some officers are mentioned from the different departments.
5. Whether all the above-mentioned officers are paving monthly water charges towards their respective NIHFW quarters? If not, why?
6. After repatriation to NIHFW, for more than a year, I've been forced to stay as a tenant by paying exorbitant rent and so many of my colleagues have been awaiting for getting NIHFW quarters for long periods while people on Deputation have retained their NIHFW quarters for years. The established CCS rules prohibit any such disparity and discrimination, It may be informed why such dictatorship is going on in NIHFW.
7. By denying me to retain my NIHFW quarter and allowing the above officers and other officials to retain their NIHFW quarters by paying the normal House Rent while they are on deputation; the concerned officers in NIHFW have violated my fundamental right to equality [Article 14: The State shall not deny to any person equality before law. None should be favoured and none should be placed under any disadvantage, in circumstances that don't admit of any reasonable justification for a different treatment,] The Director and the Acting Deputy Director (Administration) have arbitrarily indulged in mindless discrimination against me by violating Article 15 of the Indian Constitution: Right against discrimination between citizens. A copy of the rule may kindly be provided which keeps the officers mentioned in Point No.- 4 in such a privileged class and authorises the NTHFW administrators to apply different Set of rules for different officials, If these five officers have retained their NIHFW quarters by paying Market Rent, then documentary proofs to this effect may kindly be provided.
8. As per the established CCS Rules, an 'allotment year' means the year beginning on 1st January.
So, in the allotment year 2000, the then Research Assistants, Mr. Subash Chand and Mr. KS. Nair were not entitled to Type-Ill accommodation as their basic-pays were Rs. 5,000/- and Rs. 5,250/- respectively. The pay-scale of Research Assistants was revised to Rs. 5000/- - 8,000/- vide the Office Order No. A. 11014/1/99-GAS, dated 26 May 2000 and the revised pay-scale was to be applied for residential accommodation in the allotment year 2001 i.e. with effect from 1 January 2001. Flouting all the established standards of practice and by depriving the deserving officials of their rights to Government Residential Quarters, the concerned administrative officers allotted Type-Ill Quarters to these two officials in the allotment year 2000 when they had not reached the minimum basic-pay as on 1 January 2000. Moreover, the minutes of HODs/Academic Committee Meeting (NIHFW/Dean/A-3/HODs/2003, dated 16 July 2004), further justified the illegal allotment by saying that no irregular allotment has been done by the administration, It may be informed why I was denied my rightful dues to residential accommodation in the year 2000 and Why such illegal allotments have been done by the administration. This action on the part of the NIHFW administration has violated Article 15 of the Indian Constitution.
9. As per my deputation terms laid down by NIHFW, NCERT had forwarded my three job applications on 14 March 2008, 13 June 2008 and 19 May 2009 to NIHFW for further forwarding the applications to National Book Trust, New Delhi; Indian Instt. of Science, Bangaluru; and Indian Instt. of Technology, Kharagpur respectively followed by vigilance clearances on later dates. None of my applications was ever sent to the concerned organizations nor have I ever been informed the reason of withholding my job applications during the last three years. By doing so, the concerned officers have deliberately and maliciously played with my professional future as they are very much aware that I'm in an isolated and entry-level position and there is no career growth for me in NIHFW. This unlawful act on the part of the NII-IFW administration has violated Article 16 of the Indian Constitution: Equality of status and opportunity for the development of the best in an individual. Who is/are accountable for blocking my job applications Page 2 of 7 whimsically without any logic and what disciplinary action has been taken against the erring officers? A proper justification may kindly be provided for this act of the concerned officers.
10. On 12 July 2010, the undersigned had submitted a job application to be forwarded to Coal India Ltd, Kolkata. The Acting Deputy Director (Admn.) has written on that note that my application form cannot be forwarded as it was Incomplete'. How did he conclude that it was incomplete and how the same application was sent after two months?
11. No government organization brings out even a single publication like a quarterly journal without an editorial hierarchy. Although NIHFW is a national-level organization with two quarterly regular publications, a Newsletter and an inter-disciplinary indexed Journal (Health and Population: Perspectives and Issues); and other publications such as Annual Report, project reports, books, etc.; why does it not have an editorial hierarchy?
12. As per the Recruitment Rules of NIHFW, the essential eligibility criteria for the technical post of Sub Editor (English) are Diploma in Journalism/Mass Communication with three years experience of editing in a newspaper/news agency or publicity organization. So, based on what criteria, Dr. Rajesh Kumar's (M.Sc. and Ph.D. in Bio Chem.) name in the official journal of NIHFW i.e. Health and Population: Perspectives and Issues (HPPI) has been going as the Managing Editor? It may be informed how do Mr. Ravi Tewari (Stenographer), Mr. J.P. Shivdasani (Research Officer) and Dr. Ankur Yadav (Asst. Prof.) qualify to be hypothetically and fictitiously designated as Asst. Editors in the official newsletter of NIHFW?
13. Whether the senior administrators in NIHFW have the minimum respect for professionalism and professional ethics or they promote quacks?
14. Can anybody be irrationally and fictitiously designated as an Asst. Editor and Managing Editor in the official publications of NIHFW irrespective of their professional qualification and experience? Yes/No If 'yes', how and if 'no', why such fictitious and non-existent posts have been created and with what vested interest?
15. Only newspapers/magazines and publishing houses which are exclusively into publishing business have very senior positions of Managing Editors and where numerous Assistant Editors, Editors and Senior Editors are there. It may be informed why a person with no qualification/experience of editing and publishing has been designated with an imaginary and hypothetical post of Managing Editor.
16. Officially, NIHFW does have only one technical post of Sub-Editor (English) to look after the editing of the English publications. A copy of the rules may kindly be provided which authorizes the NIHFW Director to designate officials like the Stenographers, Research Officers and Assistant Professors with absurd, fictitious, hypothetical and non-existent posts such as Assistant Editors and Managing Editors in the official publications of NIHEW.
17. If NIHFW officially requires the posts of Assistant Editors and a Managing Editor, what administrative measures have been initiated to create such editorial posts or an editorial hierarchy during the last 33 years of its existence?
18. On 30 March 2010, I had categorically written to the Director that it is un-professionalism and unethical to designate employees with such fictitious) imaginary and non-existent posts. Since my name had appeared as Assistant Editor in the Oct-Dec. 2009 issue of the NIHFW Newsletter, I had clarified that officially being the Sub Editor (English) which is a Group B post, my name should not appear as an Asst. Editor which is a Group A post and in the same organization, an individual employee cannot be designated with two different posts simultaneously. Vet, in whose vested interest; such an illegal practice has been continuing and why no corrective measures have been taken till now?
19. Is experience in stenography/teaching/research a criterion to hold an imaginary senior editorial position in NIHFW? If yes, proofs may kindly be provided of any other organization where officials with experience in stenography/research/teaching are given such senior editorial positions.
Page 3 of 720. Being the Sub Editor (Eng.), I've been doing the whole editing of the newsletters and journals. It may kindly be justified why my name has not been given in all the three issues of the published Journals of 2009. This act on the part of the NIHFW administration is nothing less than exploitation and NIHFW administrators have violated the Article 23 of the Indian Constitution:
Right against exploitation. Documentary proofs may kindly be provided with regard to the editorial contributions of the officers whose names are fictitiously printed as Assistant Editors in the Newsletter, Managing Editor in the Journal and as Members in the Editorial Team of the Journal.
21. NIHFW has a Department of Communication. Who are the regular employees who have specialization in Mass Communication/Journalism, etc.?
22. How many copies of the Annual Report 2009-'10 have been printed and how much money has been spent towards this?
23. Whether the Annual Report 2009-'lO has been printed in the NIHFW press or outside? If it was not printed in NIHFW press, why? If it was outsourced, who were the technical professionals involved in the whole process and to what extent?
24. Is the total land area of NIHPW under its administrative control or anybody has unlawfully encroached/occupied NIHFW land? If so, what is the judicial status/verdict with regard to the encroached NIHFW land and what administrative steps have been taken by the present NIHFW regime? If no action has been taken to acquire the encroached land by NIHFW, why?
25. Copies of the rules may be provided under which on the recommendation of Mr. R.S. Sharma, such a sanctioned post of Cameraman-cum-Platemaker could be abolished.
26. As per the existing recruitment rules, the minimum eligibility criteria for the Direct post of Technical Assistant (Press) are Diploma in Offset Printing and 3 years experience in offset printing. Mr. B. Srinivasu neither has a Diploma in Offset Printing nor has he any experience in offset printing. It may be informed why the RR were not followed and how Mr. Srinivasu was shortlisted and called for the interview in 2008 and has been adjusted as Technical Assistant (Press) w.e.f. 1-5-2003 as per the office order of NIHFW bearing the number A.20011/11/96- GAS/Admn-II dated 11 May 2010 in spite of not fulfilling the minimum eligibility criteria. How a person without fulfilling the basic eligibility criteria for a specific post has unlawfully been 'adjusted' in the post from an earlier date of 2003?
27. Between March 2002 and December 2009, the undersigned has officially sent in a numerous communications through proper channel to the NIHFW administration concerning his Ph.D. Vet, why the NIHFW administration has issued me a baseless memo on 26 May 2010 alleging that I hid the facts about pursuing my Ph.D.? Even after putting all the facts before the administration, why has the NIHFW administration not accepted its fault and again issued me a memo citing the language of my reply inappropriate, arrogant and indiscipline?
28. Why have I not been still given the cash incentive of Rs. 10,000/- for completing my Ph.D. even after 9 months of my request?
29. How much total amount of money has been spent towards honoraria of employees of NIHFW after Prof. Deoki Nandan took over as the Director? A programme/project-wise and official-wise (from top to bottom) break-up may kindly be provided.
30. Is there any formal Recruitment Rule to appoint Part-time Faculty and Consultants in NIHFW? If yes, a copy of the same may be provided and if no, reasons maybe given.
31. Has the NIHFW Director followed any official norms/procedures in appointing Part-time Faculty and Consultants in NIHEW? If yes, copies of the same may be provided.
32. What is the total number of Part-time Faculty/Consultants in NIHFW and how many of them have been abruptly appointed without any notification/advertisement and without any test/interview?
33. Whether the NIHFW Director has the authority to recruit people as Consultants/Part-time Faculty in NIHEW without issuing any formal circular/notification/advertisement and without any test/interview? If yes, a copy of the same that authorizes to do so may kindly be provided. If no, copies of the circulars/notifications/advertisements of vacancies, details of test/interview Page 4 of 7 schedules, copies of applications received may be provided against which the following people have been recruited:
Name of some officers are mentioned from the different departments
34. Mr. R.S. Sharma's tenure as a part-time faculty has completed on 30 September 2010 yet he hasn't vacated the Type-V accommodation in NIHFW till date i.e. 3 December 2010. Proofs of his paying market-rent may be provided or else reasons may be given how he is retaining the Type-V quarter rent-free. A copy of the rules that permit a part-time faculty to retain the quarter rent-free after the completion of his tenure in NIHFW may be provided.
35. A copy of the rule may kindly be provided that permits to allot residential accommodation to ad- hoc employees.
36. How many Type-IV quarters are there in NIHFW and how many officials have been allotted Type-IV quarters on double license fee basis?
37. How many Type-IV quarters have been lying vacant and for how long? How much monetary loss has been incurred to the government for keeping these quarters vacant?
38. Though the Type-IV quarters have been kept vacant by the NIHFW administration causing monetary loss to the government exchequer; why the quarters haven't been allotted to the officials in queue?
39. How much money has been spent in constructing a huge gate at the rear side of National Documentation Centre of NIHFW? What is its necessity when the government is advocating austerity measures?
40. Whether the construction of the gate has been duly approved by the concerned competent authorities? If yes, a copy of the same may be provided.
41. Is there any objection from any of the concerned authorities with regard to the construction of the said gate? If yes, a copy of the same may be provided.
42. If the current Director has purchased any vehicles for NIHFW without the approval of the Standing Finance Committee? If yes, why?
43. The priced quarterly journal of NIHFW, HPPI, has 1150 subscribers in the mailing list. Why 1500 copies of HPPI, Vol.32, No.2, April-June 2009 were printed causing economic loss to the government?
44. The quarterly newsletter of NIHFW has 1050 names in its mailing list. Why 2000 copies each of the Newsletter, Vol.11, No.4, Oct.-Dec. 2009; and Vol.12, No.1, Jan.-March 2010 were printed incurring unnecessary monetary loss to the government?
45. Why is a professor acting as the Deputy Director (Admn.) which is a junior position in rank though there are other officers who can officiate as the Dy. Director (Admn.)?
Reply of the Public Information Officer (PIO):
1. Query No.1's Reply: The present Director and Actg. Deputy Director (Admn.) are following the establishment Rules and Regulations.
2. Query No.2's Reply: The red-beacon light atop of any vehicle belongs to NIHFW is never used for Director, NIHFW.
3. Query No.3's Reply: The Committee was constituted to look into the purchase of some items from M/s Kendriya Bhandar. While checking the vouchers, the Committee had not found any forged/faked bills of M/s Kendriya Bhandar, hence no officials were found responsible for the alleged bungling.
4. Query No. 4,5,6,7,8,34,35,36,37,38,39,40,41 Reply: Please see Annexure-A.
5. Query No.9's Reply: Your application dated 14th March, 2008, no Vigilance Clearance was received from NCERT therefore it could not be forwarded. Due to administrative reasons, your application dated l3 June, 2008 could not be forwarded. The application dated 19th May, 2010, a letter was sent to NCERT authorities for seeking vigilance clearance but due to non-receipt of reply, it could not be forwarded.Page 5 of 7
6. Query No.10's Reply: Your application dated July, 2010 was incomplete because you have not submitted the list of publication. After submitting the list of publication it has been forwarded.
7. Query No. 11's Reply: This does not fall under the ambit of RTI Act, 2005 section 7(2) and 19(3).
8. Query No. 12's Reply: Additional responsibilities have been given to suitable officers by the Competent Authority.
9. Query No. 13's Reply: No comments to offer.
10. Query No. 14's Reply: The question, if yes, how, if no, why does not fall under the ambit of RTI Act, 2005 section 7(2) and 19(3).
11. Query No. 15's Reply: Additional responsibilities have been given to them.
12. Query No. 16, 17, 18, 19 & 20.
Reply: A Competent Authority can give additional responsibilities to senior officers to manage Institute's publication.
13. Query No. 21's Reply: The positions are filled as per recruitment rules of NIHFW.
14. Query No. 22 & 23Reply: Number of copies of Annual Report printed as per requirement of the Institute and decided by the Competent Authority.
15. Query No.24's Reply: The matter is sub-judicious and for providing the relevant papers you are requested to deposit Rs.10/- for five pages @ Rs.2/- per page for photocopy of the same. This is required under sub-section (1) of 7 of RTI Act- 2005.
16. Query No. 25's Reply: Sh. R.S. Sharma, Part Time Faculty never recommended to abolish the post of Cameraman-cum-Platemaker.
17. Query No. 26's Reply: Please see Annexure-B.
18. Query No. 27's Reply: The numerous communications with Academic Section are not available as stated by them.
19. Query No.28's Reply: The reply has already been given to you vide this Institute Memo dated 26th May, 2010.
20. Query No.29's Reply: The detail of Honorarium is enclosed.
21. Query No. 30 & 31's Reply: Part-time faculty/consultants are being recruited after recommendation of the concerned Head of the Department with the approval of the competent authority. This has been approved in the SFC meeting (copy enclosed as Annexure-C)
22. Query No. 32 & 33's Reply: The number of Part Time faculty is 13. All have been appointed as per the recommendation of the SFC.
23. Query No.42's Reply: New Vehicles were purchased against the replacement of condemned vehicles on receipt of the Office Memorandum of Ministry of Finance (copy enclosed as Annexure-D)
24. Query No.43 & 44's Reply: Extra copies were needed for distribution to esteemed Governing Body Members, PAC Members, Standing Finance Committee Members and other dignitaries who often visited to this Institute.
25. Query No.45's Reply: It is in discretion of the Competent Authority.
Grounds for the First Appeal:
Unsatisfactory reply was provided to the appellant by the PIO.
Order of the First Appellate Authority (FAA):
No response.
Grounds for the Second Appeal:
Unsatisfactory Information was provided. .Page 6 of 7
Relevant Facts emerging during Hearing: The following were present Appellant: Dr. Bishnu Charan Patro;
Respondent: Dr. Rajesh Kumar, CPIO & Assistant Professor; Dr. T. Mathiyazhagan, FAA;
The PIO has given information available on the records. The Appellant has certain grievances and believes that certain wrong actions are being done in the Institute. This Commission has not jurisdiction in this matter and the Appellant will have to approach an appropriate forum for this.
Decision:
The Appeal is disposed.
The information available on the records has been provided.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 16 February 2012 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 7 of 7