Central Information Commission
Krishna Deo Prasad Sahu vs Unique Identification Authority Of ... on 21 May, 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/UIDAI/A/2023/669813
Shri Krishna Deo Prasad Sahu ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Unique Identification Authority of ...प्रनतवािीगण /Respondent
India(UIDAI), Regional office Ranchi, Kolkata
Date of Hearing : 17.05.2024
Date of Decision : 17.05.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 22.08.2022
PIO replied on : 21.09.2022
First Appeal filed on : 17.10.2022
First Appellate Order on : 14.11.2022
2ndAppeal/complaint received on : 28.12.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 22.08.2022 seeking information on following points:-
"3 I. Furnish certified copy of the Note sheets of the File and Order issued by the UIDAI, Regional Office, Ranchi w.r.t. action taken on the Representation, dated-05.11.2018 of Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005), Asstt. Director General, UIDAI, Regional Office, Ranchi.
II. Furnish the certified copy of the office orders of the UIDAI, assigning the roles and responsibilities to Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005) in accordance with the Order No. 22/05/2017 EO (SM-I), DoPT, dated-26.10.2018 of the ACC, Govt. of India, which provisioned that the Appointment Committee of the Cabinet has approved the proposal of the Ministry of Electronics & Information Technology for appointment of Shri Krishna Deo Prasad Sahu, IFOS (KL:2005) as Assistant Director General (ADG) for a period of 5 years by temporarily downgrading the post of DDG, UIDAI, Regional Office, Ranchi initially for a period of 2 years (further extendable on year to year basis), vice Ms. Nandana Munshi, IA&AS(1991)".
III. For the period from-01.11.2018 to till date, furnish certified copy of all the Office Orders of the UIDAI, Regional Office, Ranchi, of Work Allocation to Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005), ADG/Director, UIDAI, Regional Office, Ranchi.
Page 1 of 4IV. Furnish certified copy of the order of authorization for regulation of deputation tenure of s member of the All India Services appointed/deputed at UIDAI vide appointment order of the Competent Authority (ACC) as per the Deputation Guidelines for All India Service officers vide F. No. 14017/33/2005-AIS (II)(Pt.1), dated-28.11.2007 of the Govt. of India, DoPT.
V. As per the procedure laid down by the DoPT i.r.o. the officers of All India Services working under the Government of India and organizations under the Government of India, furnish the certified copy of show-cause notice or explanation called for, if any, from Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005), ADG/Director, UIDAI. Regional Office. Ranchi w.r.t, breach of any regulation of the Authority or negligence, inefficiency in discharge of the assigned duties or violations of any of the provisions of the All India Services (Conduct) Rules, 1968 and/or Unique Identification Authority of India (Salary, Allowances and other Terms and Conditions of Service of Employees) Regulations, 2020 for the period w.e.f. 01.11.2018 to till date, VI. Furnish the certified copy of the explanation furnished/submitted, if any by Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005), ADG/Director, UIDAI, Regional Office, Ranchi watal show-caused notices or explanation called for breach of any regulation of the Authority or negligence, inefficiency in discharge of the assigned duties or violations of any of the provisions of the All India Services (Conduct) Rules, 1968 and/or Unique Identification Authority of India (Salary, Allowances and other Terms and Conditions of Service of Employees) Regulations, 2020 during the period of his working at UIDAI w.e.f. 01.11.2018 to till date.
VII. Furnish certified copy of Report of the Shri Akhilesh Kumar Gupta, ITS, Dv.Director General (DDG), UIDAI, Regional Office, Ranchi, communicated to the UIDAI, HỌ, New Delhi i.r.o. Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005), ADG/ Director, UIDAI, Regional Office, Ranchi for his (Shri Sahu's) breach of any regulation of the Authority or negligence, inefficiency in discharge of the assigned duties or violations of any of the provisions of the All India Services (Conduct) Rules, 1968 and/or Unique Identification Authority of India (Salary, Allowances and other Terms and Conditions of Service of Employees) Regulations, 2020 during the period of his working at UIDAI w.e.f. 03.12.2021 to till date."
The Director (WB)& CPIO, RO, Unique Identification Authority of India(UIDAI), Ranchi vide letter dated 21.09.2022 replied as under:-
"Point Nos. 3 I, II & III:- Copy annexed.
Point No. IV:- Sought document is not available with UIDAI, Regional Office, Ranchi.
Point No.3 V & VI:- As per the records available at UIDAI RO, Ranchi no show-cause notice or explanation has been called for from Dr. Krishna Deo Prasad Sahu, IFS (Kerala-2005), ADG/Director, UIDAI RO, Ranchi w.r.t breach of any regulation of the authority or negligence, in efficiency in discharge of the assigned duties or violation of any of the provisions of the All India Services (Conduct) Rules, 1968 and/or UIDAI (Salary, allowances and other Terms and Conditions of Service of Page 2 of 4 Employees) Regulations, 2020 for the period w.e.f 01.11.2018 to till date.
Point No. 3 VII:- As per the records available with UIDAI RO, Ranchi no report has been communicated to UIDAI, HQ, New Delhi i.r.oDr. Krishna Deo Prasad Sahu, IFS (Kerala-2005), ADG/Director, UIDAI RO, Ranchi for his (Shri Sahu's) breach of any regulation of the authority or negligence, in efficiency in discharge of the assigned duties or violation of any of the provisions of the All India Services (Conduct) Rules, 1968 and/or UIDAI (Salary, allowances and other Terms and Conditions of Service of Employees) Regulations, 2020 for the period w.e.f 01.11.2018 to till date."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.10.2022. The FAA vide order dated 14.11.2022 stated as under:-
Point 3 II:- "Copy attached as Annexure 'A' Point No. 3 IV:- Copy attached as Annexure 'B' Point No. 3 VII:-The desired information is exempted from disclosure of information under Section 8(h) of RTI Act, 2005."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri Neeraj Kumar, CPIO and Director UIDAI, Kolkata The Appellant referred to point 3 (VII) of his RTI application and stated that the information sought therein was malafidely denied since on one hand the CPIO stated that no such report has been communicated to UIDAI, HQ, New Delhi regarding negligence in discharge of responsibilities by the Appellant while on the other hand the FAA in its order denied the same information u/s 8 (1) (h). The Appellant therefore contended that denial of information u/s 8 (1) (h) clearly indicates that there exists a report/ document which is deliberately concealed.
Shri Neeraj Kumar reiterated his written submission sent vide letter dated 10.05.2024 wherein while reiterating the replies available on the Commission's records it was stated that the applicant has already been repatriated to his parent cadre after successful completion of his deputation tenure at UIDAI, RO, Ranchi therefore on receipt of the CIC notice, UIDAI, Ranchi vide email dated 10.05.2024 once again requested UIDAI HQ New Delhi to provide a copy of the said report which was received and attached with the written submission as Annexure V. 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 Page 3 of 4 provisions of the RTI Act, 2005 has been provided by the Respondent at this stage. Considering the fact that the written submission dated 10.05.2024 filed by the Respondent is detailed and self-explanatory as such, Shri Neeraj Kumar, CPIO and Director is directed to send a copy of the written submission dated 10.05.2024 with the annexures, to the Appellant, within two weeks of receipt of this order and submit a compliance report in this regard before the Commission within one week thereafter. No further intervention is warranted in this case, under the RTI Act.
With the above observation, the instant Second Appeal stands 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 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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