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Central Information Commission

C Christu Raj vs Csir Hqrs.,New Delhi on 8 September, 2020

Author: Vanaja N Sarna

Bench: Vanaja N Sarna

                        क य सच  ु ना आयोग
                    CENTRAL INFORMATION COMMISSION
                             बाबा गंगनाथ माग
                           Baba Gangnath Marg
                        मु नरका, नई द ल - 110067
                        Munirka, New Delhi-110067

                                             File no.: CIC/CSIRD/A/2019/659971

In the matter of:
C Christu Raj
                                                               ... Appellant
                                       VS
US& CPIO,
Council of Scientific & Industrial Research (CSIR),
AndusandhanBhawan, 2, Rafi Marg,
New Delhi - 110001
                                                               ...Respondent
RTI application filed on           :   01/10/2019
CPIO replied on                    :   25/10/2019
First appeal filed on              :   04/11/2019
First Appellate Authority order    :   03/12/2019
Second Appeal dated                :   19/12/2019
Date of Hearing                    :   07/09/2020
Date of Decision                   :   07/09/2020

The following were present:
Appellant: Heard over phone

Respondent: Shri Sanjay Kumar, Deputy Secretary & CPIO, heard over phone Information Sought:

The appellant has sought the following information:
1. Provide the DoPT/CSIR orders under which MACP cases upto 30/09/2019 will be taken up after September as intimated vide CSIR's letter No. 3-27/2019-EI dated 20/09/2019 that ensuing MACP Screening Committee will take up cases of MACP upto 30/09/2019.
2. In there are no such guidelines, provide the name and designation of the official who has taken the decision as per CSIR's letter dated 20/09/2019.
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3. Provide the copy of letter written to CSIR-Central Electrochemical Research Institute (CECRI) extending GOI, MOF, OM No. 8-23/2017-

EIII(A) dated 28/09/2019to all the staff who are privy to SLP No. 20493/2019, irrespective of absence of direct recruitment provision to all posts.

4. Provide the information about specific F.R and the OM/clarification issued by MOF making the above OM dated 28/09/2018 of MOF applicable to all the staff without limitation.

Grounds for Second Appeal The CPIO provided wrong and misleading information.

Submissions made by Appellant and Respondent during Hearing:

The appellant submitted that on points no. 1 & 2, misleading information was provided to him as the information provided to him vide the letter No.3- 27/2019-E.I dated 20.09.2019 in reference to his representation is totally different from what was provided to him by the CPIO in connection with the above mentioned RTI application.
The CPIO submitted that all the available information was provided to the appellant vide his letter dated 25.10.2019. Further, he clarified on point no. 2 that were no guidelines of either DOPT or CSIR .The relevant notings of the competent authority of CSIR was given as this is an administrative decision.
Observations:
From a perusal of the relevant case records, it is noted that the appellant is aggrieved as according to him, misleading information was provided to him on points no. 1 & 2 as he had sought specific information regarding the DoPT/CSIR orders under which MACP cases upto 30/09/2019 were taken up after September as intimated vide CSIR's letter No. 3-27/2019-EI dated 20/09/2019 that ensuing MACP Screening Committee will take up cases of MACP upto 30/09/2019. The CPIO in his reply has given a copy of the note- sheet dated 02.01.2019 in which it was mentioned that the next meeting of the Screening Committee can be held in March 2019 for considering cases upto 30.09.2019. The Commission accepts the statement of the CPIO made during the hearing regarding the non existence of any guidelines of DoPT or CSIR.
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Decision:

In view of the above, the Commission accepts the submissions of the CPIO and does not find any scope for further intervention in the matter.
The appeal is disposed of accordingly.
Vanaja N. Sarna(वनजा एन. सरना) Information Commissioner (सच ू नाआय! ु त) Authenticated true copy (अ भ मा णतस या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 3