Central Information Commission
Mrvishnu Shankar Prasad vs Ministry Of Shipping,Road Transport & ... on 1 October, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/YA/A/2015/001066
F.No.CIC/YA/A/2015/001067
F.No.CIC/YA/A/2015/001069
F.No.CIC/YA/C/2015/000427
F.No.CIC/YA/C/2015/000428
F.No.CIC/YA/C/2015/000429
Date of Hearing : 22.09.2015
Date of Decision : 01.10.2015
Complainant/Appellant : Shri Vishnu Shankar Prasad
Delhi
Respondent : Shri Harkesh Meena, CPIO
Shri V. Krishnaswamy, Nodal Officer Shri D.R. Sharma, US Shri Rajinder Kumar, US M/o Road Transport & Highways New Delhi Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from complaint/appeal: CIC/YA/A/2015/001066 RTI application filed on : 24.02.2015 PIO replied on : 20.03.2015 First Appeal filed on : 23.03.2015 First Appellate Authority (FAA) order on : 22.04.2015 Complaint/ Second Appeal received on : 28.04.2015 Relevant facts emerging from complaint/appeal: CIC/YA/A/2015/001067 RTI application filed on : 24.02.2015 PIO replied on : 18.03.2015 & 20.03.2015 First Appeal filed on : 23.03.2015 First Appellate Authority (FAA) order on : 20.04.2015 Complaint/ Second Appeal received on : 28.04.2015 Relevant facts emerging from complaint/appeal: CIC/YA/A/2015/001069 RTI application filed on : 10.03.2015 PIO replied on : 20.03.2015 First Appeal filed on : 23.03.2015 First Appellate Authority (FAA) order on : 22.04.2015 Complaint/ Second Appeal received on : 28.04.2015 Since both the parties in the above mentioned appeals are same, therefore, the above mentioned appeals are being clubbed together for hearing and disposal to avoid multiplicity of proceedings.
F.No. CIC/YA/A/2015/001066 The appellant filed an RTI application on 24.02.2015, seeking information/inspection of specific files, their total numbers of pages (notings and correspondence separately) along with number of main and part files opened for DPC proposal sent to UPSC for the post of ADG during 2014, proposal sent to ACC for the appointment of ADG during 2014, DPC proposal sent to UPSC for the review of DPC for the year 2008-09 for the post of Chief Engineer during 2014-15, file pertaining to empanelment of CES (Roads) officer for Joint Secretary on Central Deputation etc. CPIO vide letter dated 20.03.2015, provided point wise reply to the appellant. The FAA in his order directed CPIO to provide photocopies of only such papers which do not fall within the prohibitive sections of the RTI Act after charging requisite fee from the appellant within 10 days of issue of the order.
The appellant stated that the CPIO has denied the information illegally with an intent to hide, conceal and suppress his corrupt activities in administrative/establishment matters. He stated that on 19.08.2014, a DPC was carried out for the post of ADG and before the UPSC, a number of things were hidden. He stated that one Shri Tawade was selected, who was facing CVC charges and later inducted. He stated that he was cleared in that DPC but was not given promotion.
The appellant stated that in the past 9 months, he has been transferred 5 times. He stated he has been harassed for disclosing the corruption in the system and malafidely, he has been posted in Silcher. He stated that on 20.03.2015, the Secretary called him and asked him to pass bills of Rs. 7.38 crores pertaining to IHMCL and when he requested for scrutiny of those bills as he had never came across those bills during his term, he was threatened by the Secretary to either clear those bills or else he will be transferred. He stated that he forwarded those bills to CVO for verification and on 26.03.2015, he was transferred to Silcher without any notice. He claimed that after verification of the bills, the amount claimed in those bills was reduced to only 54 lakhs from 7.38 crores. He stated that he had also filed a case in the CAT against his transfer to PMU, Silcher. He requested for supply of complete information as sought by him free of cost.
The respondent stated that that the appellant had filed more than 30 RTI applications seeking various kinds of information by asking more than 100 questions in different forms related to different files as well as different divisions/sections in the Ministry. He stated that the appellant had sought photocopies of all the files and also desired to inspect the files after the copies are provided to him. He stated that there has been no intention to deny any information to the appellant but giving photocopies of all the files as sought in his RTI application, the CPIO had to wade through each and every page of the files to find out which material could be given and which could not be. He stated that this exercise was carried out after the order of the FAA and the page numbers of the noting portion as well as the correspondence portion was intimated to the appellant. He stated that the appellant was also offered inspection of the relevant files but he never approached the CPIO either for inspection or for information.
The respondent regarding the DPC submitted as under:-
"The chronology of the original DPC proposal to the grade of ADG for the vacancy year 2013-14 and 2014-15 was sent to UPSC on 15.7.2014. The details of vacancies in the grade of ADG and panel of eligible officers were sent to UPSC for holding DPC are as under:-
Vacancy Year No. of Vacancies Panel of Officers(Chief Engineers) 2013-14 01 1. Shri Manoj Kumar
2. Shri K.C. Varkeyachan
3. Shri R.K. Singh
4. Shri D.O. Tawade
5. Shri B.N. Singh 2014-15 02 1. Shri Manoj Kumar
2. Shri K.C. Varkeyachan
3. Shri R.K. Singh
4. Shri D.O. Tawade
5. Shri B.N. Singh
6. Shri V.S. Prasad The above officers figured in the panel for promotion to the grade of ADG were clear from Vigilance angle as per DOPT O.M. No.22034/4/2012-Estt.D dated 2.11.2012.
The DPC to the grade of ADG was held in UPSC on 19.8.2014. UPSC has recommended the name of the following Chief Engineers for promotion to the grade of ADG:-
Panel Year 2013-14
1. Shri Manoj Kumar Panel Year 2014-15
1. Shri K.C. Varkeyachan
2. Shri R.K. Singh Extended Panel Shri D.O. Tawade in lieu of Shri R.K. Singh as Shri R.K. Singh was deputed on deputation in IRC for a period of two years.
3. As per procedure, proposal was sent to ACC on 27.10.2014 in prescribed format alongwith the recommendations of UPSC, vigilance status provided by the vigilance section of the officers wherein Shri R.K. Singh and Shri D.O. Tawade were considered clear from vigilance angle as per DOPT O.M. No.22034/4/2012-Estt.D dated 2.11.2012.
4. Subsequently, Shri R.K. Singh was placed under suspension on 12.12.2014. The same was conveyed to ACC on 12.12.2014. ACC has approved the proposal for empanelment of Shri Manoj Kumar and K.C. Verkeyachan against the vacancy year 2013-14 and 2014-15 respectively for promotion to the grade of ADG on dated 12.12.2014. ACC has also directed the Ministry to re-submit the proposal in respect of Shri R.K. Singh and Shri D.O. Tawade after completing of action required in terms of extant instructions of the case referred by CVC.
5. As per approval of ACC, promotion of Shri Manoj Kumar and Shri K.C. Verkeyachan were issued on 29.12.2014. The direction of ACC was communicated to CVO, Ministry of Road Transport & Highways. Further, CVO has informed Establishment Division on 18.3.2015 that CVC has advised denial of vigilance clearance in respect of Shri R.K. Singh and Shri D.O. Tawade, Chief Engineers due to ongoing vigilance case against them.
6. As per advice of ACC, Ministry of Road Transport & Highways re-submitted the proposal on 21.4.2015 in respect of Shri R.K. Singh and Shri D.O. Tawade. It was informed to ACC that Shri R.K. Singh has been placed under suspension w.e.f. 12.12.2014 and suspension of Shri R.K. Singh was revoked on 12.2.2015. Vigilance Division of the Ministry has informed on 18.3.2015 that CVC has advised denial of vigilance clearance in respect of Shri R.K. Singh and Shri D.O. Tawade. This fact had brought to the notice of ACC on 21.4.2015. Thereafter, ACC has again sought some clarification from MORTH on 15.5.2015. Ministry has replied to ACC on 21.5.2015. We have informed the vigilance status to ACC on 4.6.2015 in respect of Shri D.O. Tawade and Shri R.K. Singh.
7. Finally, ACC has conveyed its approval on 30.6.2015 on the following lines:-
(i) To keep the recommendations of the DPC in respect of Shri R.K. Singh and Shri D.O. Tawade in 'deemed sealed cover' for the vacancy year 2014-15.
(ii) To direct the Ministry to conduct Review DPC for assessing the remaining eligible officer, namely, Shri B.N. Singh and Shri V.S. Prasad for the panel year 2014-
15.
8. As Shri R.K. Singh was under suspension w.e.f 12.12.2014 for 90 days, it was also conveyed to ACC on 12.12.2014 and suspension of Shri R.K. Singh was revoked on 12.2.2015 followed by a charge sheet of major penalty served upon him. Therefore, due to lack of categorical clearance, he could not be promoted to the grade of ADG neither he proceeded on deputation. As regards Shri D.O. Tawade's case, the vigilance clearance is denied by CVC due to ongoing vigilance cases in which the Disciplinary Authority has issued a warning whereas CVC has advised for issuance of major penalty. However, both were assessed FIT by the DPC held on 19.8.2014 for the year 2014-15 since both the officers were clear as per DOPT's O.M. No.22034/4/2012-Estt(D) dated 2.11.2012. The ACC's order conveying approval to the DPC's recommendation is also on 12.12.2014.
9. As per direction of DOPT vide letter No.1/15/2014-EO(SM.II) dated 30.6.2015, Review DPC proposal for assessing the remaining eligible officers i.e. Shri B.N. Singh and Shri V.S. Prasad for the panel year 2014-15 and kept the recommendations of the DPC in respect of Shri R.K. Singh and Shri D.O. Tawade in "deemed sealed cover" for the vacancy year 2014-15. But UPSC denied to accept the proposal as the name of Shri D.O. Tawade does not fall in the following three conditions of DOPT O.M. dated 2.11.2012 (supra) :-
(a) Government servant under suspension
(b) Government servants in respect of whom a charge sheet has been issued and
the disciplinary proceedings are pending.
(c) Government servants in respect of whom prosecution for a criminal charge is
pending.
10. Thereafter, in view of above, the matter was referred to DOPT on 14.8.2015 to clarify the stand on denial of vigilance clearance by CVC and advice of ACC for Review DPC and stand of UPSC on non-accepting Review DPC proposal on single window on 30.7.2015 without any written observation and thereafter, MORTH sought clarification from UPSC on 4.8.2015 (UPSC's comments are still awaited).
11. DOPT has raised queries vide note dated 8.9.2015 related to departmental action on CVC advice for issuance of major penalty in case of Shri D.O. Tawade. Accordingly, we had sought comments of Vigilance Section of MoRTH on 10.9.2015 in the matter for onward submission to DOPT. In light of above, the matter is still under process"
Regarding files mentioned at point (v) & (vi) of the RTI application, the respondent stated that as per their record, these files does not exist and the same was intimated to the appellant.
F. No. CIC/YA/A/2015/001067 The appellant filed an RTI application on 24.02.2015, seeking total no. of pages (notesheet & correspondence separate) of 9 specific files along with photocopy and inspection of the same. CPIO in his reply offered inspection to the appellant. The FAA in his order directed CPIO to provide only such information/inspection/documents to the appellant which do not fall within the prohibitive sections of the RTI Act after charging requisite fee from the appellant.
The appellant stated that complete and specific information has not been provided to him and requested for supply of information free of cost. The respondent stated that the FAA's order was complied by them vide replies dated 30.04.2015 and 01.05.2015, wherein information regarding the no. of pages of each file (notesheet & correspondence separate) was intimated to the appellant and for copies of the relevant documents as permissible under the RTI Act, the appellant was requested to deposit the requisite fee but he did not deposit the same. He stated that file mentioned in point (i) of the RTI application relates to transfer/posting of ADG & Chief Engineer and can be given to the appellant on payment of requisite fee. He stated that file mentioned at point (ii) of the RTI application does not exist and the same was intimated to the appellant. Regarding point (iii) & (iv) of the RTI application, he submitted information containing 240 pages as permissible under the RTI Act has already been given to the appellant. Regarding point (v) & (vi), he stated that these files relates to transfer/posting of PAs/PS and it is a bulky file but can be given to the appellant on payment of requisite fee. He stated that file mentioned in point (vii) relates to PMU/PIU and can be given to the appellant. He stated that file mentioned at point (viii) is a personal file of an officer and is exempted u/s 8(1)(j) of the RTI Act. Regarding point (ix), he stated that the file relates to ACC approval matter and since the matter is still pending, it cannot be disclosed at this stage in terms of section 8(1)(i) of the RTI Act.
F. No. CIC/YA/A/2015/001069 The appellant filed an RTI application on 10.03.2015, seeking total no. of pages (notesheet & correspondence separate) of 4 specific files along with photocopy and inspection of the same. CPIO in his reply on point (i) & (ii), offered inspection to the appellant. For point (iii), he stated that the said file is a personal file of an officer and cannot be disclosed. For point (iv), he stated that no such file is available. The FAA in his order directed CPIO to provide only such information/inspection/documents to the appellant which do not fall within the prohibitive sections of the RTI Act after charging requisite fee from the appellant.
The appellant stated that complete and specific information has not been provided to him and requested for supply of information free of cost. He stated that the CPIO malafidely denied information to him without invoking any exemption under the RTI Act. The respondent stated that the FAA's order was complied by them vide reply dated 01.05.2015, wherein information regarding the no. of pages of each file (notesheet & correspondence separate) was intimated to the appellant and for copies of the relevant documents as permissible under the RTI Act, the appellant was requested to deposit the requisite fee but he did not deposit the same. He stated that file mentioned at point (i) relates to APAR of officials and it might contain APAR of officials which is personal information and cannot be given to the 3rd party. He stated that file mentioned at point (ii) relates to transfer/posting of officials and can be given to the appellant. As regards to point (iii), he stated that the said file is personal file of an official and cannot be disclosed to the appellant u/s 8(1)(j) of the RTI Act. Regarding point (iv) of the RTI application, he stated that no such file exists.
Decision:-
After hearing both the parties and on perusal of record, in file no. CIC/YA/A/2015/001066, the Commission finds that the case regarding the DPC is still pending as Dept. of Personnel & Training has sought certain clarifications from the respondent. However, following FAA's speaking order, the CPIO again offered further information from the files, pertaining to the appellant. The Commission directs the respondent to certify that files mentioned at query no.
(v) & (vi) of the RTI application do not exist, within three weeks of receipt of this order, under intimation to the Commission.
In file no. CIC/YA/A/2015/001067, the Commission directs the respondent to provide copies of pages of files mentioned at points (i), (iii) to (viii) free of cost to the appellant, as per the provisions of the RTI Act, within three weeks of receipt of this order, under intimation to the Commission. Regarding point (ii), the Commission directs the respondent to certify that the said file does not exist. As regards to point (ix), the Commission concurs with the stand of the respondent authority.
In file no. CIC/YA/A/2015/001069, the Commission finds that subsequent to the FAA's order, the CPIO vide letter dated 01.05.2015 had sent further information to that appellant stating that 401 pages of information can be provided after payment of requisite fee. Inspection of files was also offered to the appellant. However, the Commission directs the respondent to provide copy of the noting portion of the file mentioned at point (i) of the RTI application to the appellant after redacting any 3rd party information along copies of the pages of file mentioned at point (ii) of the RTI application to the appellant as per the provisions of the RTI Act, within three weeks of receipt of this order, under intimation to the Commission. Regarding point (iv), the Commission directs the respondent to certify that the said file does not exist. As regards to point (iii), the Commission concurs with the stand of the respondent authority.
On the request of the appellant, his 3 Complaints bearing file nos. CIC/YA/C/2015/000427, CIC/YA/C/2015/000428 & CIC/YA/C/2015/000429 are also disposed of vide this common order as the subject matter of these are similar to appeals disposed of vide this order. In all these cases, the CPIO has replied within the prescribed time period and the FAA has passed speaking orders.
The appeals/complaints are disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Central Public Information Officer under RTI First Appellate Authority under RTI Director- (Estt.) & de facto PIO, Joint Secretary-(EIC), Ministry of Road Transport & Highways Ministry of Road Transport & Highways (Establishment-II Section), (Establishment-II Section), Room No.-520, Transport Bhawan, Room No.-520, Transport Bhawan, 1, Parliament Street, New Delhi-110001. 1, Parliament Street, New Delhi-110001.
Central Public Information Officer under RTI Shri Vishnu Shankar Prasad Deputy Secretary-(RTI), (C.E.-Min. of Road Trans. & Highways), Ministry of Road Transport & Highways D-47, Marg No.-11, Transport Bhawan, Saket,
1, Parliament Street, New Delhi-110001. New Delhi-110017.