Central Information Commission
Kamal Dhingra vs Cimfr, Dhanbad on 6 June, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CMRID/A/2024/612730
Shri Kamal Dhingra ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, CIMFR, Dhanbad ...प्रनतवािीगण /Respondent
Date of Hearing : 05.06.2024
Date of Decision : 05.06.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 19.01.2024
PIO replied on :
First Appeal filed on : 24.01.2024
First Appellate Order on : - -
2ndAppeal/complaint received on : 22.03.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.01.2024 seeking information on the following points:-
B. Information requested in public interest - CSIR Cx- Probability- (ILLEGAL RELEASE OF GOVT. FUNDS OF RS. 9,58,333. THIS PUBLIC AUTHORITY IS NOT PROVIDING DOCUMENTS EVEN UNDER RTI ACT, 2005)- Provide all copies of notings and correspondence portion of file no. 37(1692)/17-EMR-II, Shri Sathees C. Raghavan, copy of affidavit/agreement (Form-A) submitted by Dr. Sathees C. Raghavan. Information/copies not provided in earlier RTI. Hence Information requested again. CUSTODIANS OF THIS FILE ARE HIDING THE DOCUMENTS/COPY OF AFFIDAVIT/AGREEMENT/FORM-A/COPIES OF NOTINGS BY NOT PROVIDING THEM REQUESTED EARLIER UNDER RTI ACT, 2005.
C. Information requested in public interest - Probability- All notings related to the irregular appointment of scientists in CSIR labs in 2011 in which Dr. S.K. Brahmachari, the then DGSIR was chargesheeted with major penalty. Provide Copy of charge memo OM No. C11018/02/2015-Vig dated 21.8.15, OM No. C- 11018/02/2015-Vig dated 5.11.15, OM No. C-11018/02/2015-Vig (i) dated 5.11.15, OM No. C11018/02/2015-Vig dated 14.1.16. Copies of notings of approval done by Dr. Brahmachari from 24.8.11 to 30.9.11 regarding appointment and absorption of 52 engineering graduates who completed 2 Page 1 year post graduate research training programme in engineering (PGRPE) from Academy of Scientific Innovative Research (AcSIR), who were appointed without an open advertisement and without giving opportunity to SC/ST/OBC candidates thereby violating recruitment guidelines of the Govt. of India.
Provide names and copies of appointment letters of these 52 engineering graduates. All copies of orders/notings/chargesheets related to disciplinary proceedings against Dr. Brahmachari from the process of initiation till conclusion. Provide all reports of the FFC constituted for this purpose. Information/documents requested to understand/calculate the losses caused to the Govt. of India in public interest.
D. Information requested in public interest - Due to carelessness, few years back answer sheet trunk of candidates in r/o joint CSIR -UGC Net examination was misplaced/stolen from train thereby endangering the future of bright young children of India. 5 officers were entrusted with the responsibility for the security of that answer sheet trunk. Please provide action taken by exam unit to find that trunk. Provide all copies of action taken/letter sent to Indian railways. The exam was re-conducted thereby increasing heavy expenditure for the Govt. of India. Pls. provide full details of the Govt. expenditure incurred in re-conduct of the exam giving complete expenditure details headwise. Please provide copies of all bills of Govt. expenditure done on the re-conduct of exam. As Govt. of India incurred heavy losses due to this lapse/re-conduct of the exam, please provide all reports of the inquiry committee/Fact finding committee which was constituted to look into this lapse. Give full details of this case including providing all copies of all notings clearly mentioning year & month of exam, name & address of centre of the exam whose trunk was misplaced, no. of answer sheets in that trunk, answer sheets lost of which subject, name of the coordinator. There is probability that the concerned person responsible for this serious lapse was able to go scot free in this case due to his close connection with Dr. S.K. Brahmachari, the then DGCSIR.
E. Information requested in public interest - Possibility- There was a fraud regarding misuse of staff car/hired private dly in TKDL. Fraud/manipulated bills were submitted for reimbursement related to staff car/hired private dly during the tenure of Dr. Archana Sharma, Head TKDL. Chargesheets have also been filed in this case. Give full case details. Provide copies of all administrative/legal notings related to this case of Dr. Archana Sharma, Head TKDL through digital mode. Provide log book copies of staff car/private hired dly usage in TKDL during the full tenure of Dr. Archana Sharma as Head, TKDL. Staff car maintenance details/petrol expenditure details during the tenure of Dr. Archana Sharma as Head, TKDL. Total no. of staff cars/hired private dly in TKDL during the tenure of Dr. Archana Sharma as Head, TKDL. Provide full details alongwith copies of bills paid for staff car/private hired dly during the entire tenure of Dr. Archana Sharma as Head, TKDL. Details of transport allowance paid to Dr. Archana Sharma during her tenure as Head, TKDL. Copies of pay slips of Dr. Archana Sharma during her tenure as Head, TKDL. Full Details of action taken by CSIR Hqrs after detection of this fraud i.e. appointment details of the presenting officer to pursue this case and all other relevant details. Provide copies of reports of fact finding committee Page 2 constituted for this case. Give Full details of persons who have been chargesheeted in this case including providing copies of chargesheets. Copy of chargesheets is requested to know/understand the fraud in detail and calculate amount of probable loss caused to the Govt. of India. F. Information requested in public interest - ERP-Enterprise Resource Planning stopped in CSIR after incurring Huge Govt. Expenditure (hundreds of crores). Information requested in public interest. Provide all copies of notings related to ERP (i.e. ERP file in which approval, selection of software companies/implementation details/full financial details/all details related to ERP in CSIR Hqrs and CSIR Cx is present). Total expenditure on ERP incurred by CSIR Hqrs/CSIR Cx on ERP. Provide copies of invoices of all payment done to vendors relating to ERP. Details of software companies which were selected to perform the task for preparing the software of ERP for CSIR Hqrs/CSIR Cx (provide copies of notings). Give full details of payments made to them and provide copies of all invoices/payments made to these software companies. Give full details of the work carried out by these software companies on ERP software. Give full details/copies of work award contract to every software company given by CSIR to carry out work on the ERP software. Copies of advertisement/tenders received for making the software for ERP. Copies of notings in which the companies were selected for making software for ERP for CSIR Hqrs/CSIR Cx. Give full details of training given to the employees of CSIR Hqrs/CSIR Cx. (on ERP)/expenditure incurred on training/expenditure incurred on official tours on ERP (training or for any other reason related to ERP) clearly mentioning date/place of training given on ERP software/full expenditure involved in the conduct of training (provide all copies of evidence of Govt. funds spent on training related to ERP, copies of all orders issued for training.
G. Information requested in public interest - During the tenure of Shri K. Jayakumar, former JS(A), an FIR was filed for a financial fraud detected in CSIR Hqrs (unauthorized debit from CSIR account/fraud cheque issued. Provide copy of FIR, all details related to financial loss caused to CSIR/copies of report of Fact finding committee constituted for this purpose/action taken by CSIR on the detection of fraud, names of persons, chequewriter who were found responsible for this fraud/details of action taken on these officers, status of case as on today/details of money/loss recovered by CSIR, give full details. Provide copies of notings of this case.
H. Information requested in public interest - Since possible fraud was detected, provide details of award of contract (full financial) details/copies of contract/agreement given to NIIT for conduct of exam related to recruitment of ASO in CSIR during the tenure of Sh. K. Jayakumar, former JS(A). Full Govt. expenditure incurred for the conduct of this exam. Provide copies of all receipts of Govt. expenditure incurred through digital mode. Provide copies of all notings/correspondence related to this case/file/details of FFC constituted/FFC reports. This exam was also cancelled due to leakage of question paper (possibility). Provide full details/copy of orders of cancellation of this exam. Etc"
Page 3 Dissatisfied with the non-receipt of information received from the CPIO, the Appellant filed a First Appeal dated 24.01.2024 which was not adjudicated by the FAA as per available records.
The FAA, CIMFR, Dhanbad vide letter dated 14.03.2024 replied as under:-
"The information sought is very vague and no reply can be concluded related to your query."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 15.05.2024 has been received from the Appellant reiterating that he has not received any information.
Written submission dated 27.05.2024 have been received from the PIO, denying information as barred by Section 8(1)(h) of the RTI Act.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present through video conference Respondent: Smt. Vandana D Singh - US/CPIO, CSIR, Hq and Shri Sudhanshu Kumar were present during hearing.
Both parties reiterated their respective queries, wherein the Respondent stated that whatever information is available on record with the public authority, has been furnished to the Appellant, in terms of provisions of the RTI Act while the Appellant stated that he is not satisfied with the response.
Decision:
Perusal of records of the case and averments of the Respondent present for hearing, indicate that though written submissions field by the Respondent indicate that response had been duly furnished to the Appellant since no annexure has been filed by the respondent, it is not possible to comprehend the PIO's reply.
Considering the fact that the Appellant is not satisfied with the reply sent by the Respondent, it is hereby directed that inspection of the records may be granted to the Appellant, ensuring that only information as permissible under the RTI Act is made accessible to him if he approaches them within thirty days of receipt of this order. Upon inspection of records, copies of documents identified by the Appellant shall be provided to him, upon payment of prescribed fees as per RTI Rules, 2012. After inspection of records, the Respondent shall submit a compliance report in this regard before the Commission within one week.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 4 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:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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