Central Information Commission
Mra Raghunath vs Ministry Of Communications & ... on 13 July, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/001473+001475+001476+001477+001478+001480+001481+
001482/8077
13 July 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. A. Raghunath
81, Supreme Enclave,
Mayur Vihar Phase- I,
New Delhi - 110091
Respondent : CPIO
Centre for Development of Advanced
Computing (C-DAC)
Pune University Campus,
Ganesh Khind, Pune - 411007
RTI application filed on : 25/11/2013, 26/11/2013
PIO replied on : 31/12/2013
First appeal filed on : 22/01/2014
First Appellate Authority order : No Order
Second Appeal dated : 10/06/2014, 20/06/2014
Information sought:
File No. CIC/BS/A/2014/001473 The appellant sought the following information
1. Provide the certified copy of the existing bye-laws, which are being followed by CDAC Society presently.
2. Provide the certified copy of the existing Staff Rules, which are being followed by CDAC Society presently.
3. Provide the certified copy of the existing Recruitment Rules for the S&T and Non S&T Scale Post (regular, contract on scale and continuous contract), which are being followed by CDAC Society presently.
4. Provide the certified copy of the transfer policy in CDAC (regular, contract on scale, continuous contract and consolidate).
5. Provide the certified copies of the minutes of meeting of all Governing Council meetings that took place since 2000 to till date, including complete agenda of the meetings.
6. Provide the certified copies of all Promotion policies which are being adopted by CDAC in promoting contract on Scale and regular employees from 2003 to till date.
File No. CIC/BS/A/2014/001475 The appellant sought the following information
1. Provide the certified copy of Centre wise employees list who had been regularized under clause no. 18.1.5.1 of Bye laws as per below format.
Page 1 of 8
Centre Name______ Year_____
S Employee Employee Date of Type of Reservation Qualifying
No. ID Name Joining Contract Category degree
on Scale at the (GEN./SC/ST/OBC) with
time of Marks/
Joining Percentage
on Scale at the time
of Joining
on Scale
2. Provide the certified copy of Centre wise employees list who had been regularized under clause no. 18.1.5.2 of Bye Laws as per below format.
Centre Name______ Year_____
S Employee Employee Date of Type of Reservation Qualifying
No. ID Name Joining Contract Category degree
on Scale at the (GEN./SC/ST/OBC) with
time of Marks/
Joining Percentage
on Scale at the time
of Joining
on Scale
3. Provide the certified copy of Centre wise employees list who had been regularized under clause no. 18.1.5.3 of Bye Laws as per below format.
Centre Name______ Year_____
S Employee Employee Date of Type of Reservation Qualifying
No. ID Name Joining Contract Category degree
on Scale at the (GEN./SC/ST/OBC) with
time of Marks/
Joining Percentage
on Scale at the time
of Joining
on Scale
4. Provide the certified copy of File & committee proceedings who approved regularization process of all above questions.
File No. CIC/BS/A/2014/001476 The appellant sought the following information
1. Provide the certified copy of Centre wise employees list of all regular employees working across all CDAC centers as per below format.
Centre Name______
Page 2 of 8
S Employee Employee Date of Type of Reservation Qualifying
No. ID Name Joining Contract Category degree
on Scale at the (GEN./SC/ST/OBC) with
time of Marks/
Joining Percentage
on Scale at the time
of Joining
on Scale
.
File No. CIC/BS/A/2014/001477
The appellant sought the following information:-
1. Provide the certified copy of Year wise (January 1999 to January 2013) list of Liaison Officer appointed/nominated across all CDAC centers.
2. Provide the certified copy of Year wise (January 1999 to January 2013) reservation register duly certified by Liaison Officer for S & T non S & T post for scale (Regular, Contract on scale and Continuous contract) and consolidated employees across all CDAC centers.
3. Provide the certified copy of Year wise (January 1999 to January 2013) reservation roster register duly certified by Liaison Officer for S & T non S & T post for both scale (Regular, contract on scale and Continuous contract) and consolidated employees across all CDAC centres.
File No. CIC/BS/A/2014/001478 The appellant sought the following information:-
1. Provide certified copy of the Year wise (1999 to 2013) and centre wise contract details of all employees on scale as per below format.
Centre Name_____ Year_____ Employee Name of Type of Contract Pay Post Reservation ID Employee (Grade based/Project Scale category Based/Continuous (GEN/SC/ST/OBC) Contract)
2. Provide the certified copy of centre wise final interview merit list through which scale posts (Regular, Contract on scale and Continues contract) recruitments were held across CDAC during the period 1999-2013. Provide copy of advertisement as enclosure.
Centre Name_____ Year____
S. Name of Merit Committee Criteria of offering type Post Post
No Candidate Detail Member of post Applied offered
Details (Regular/GBC/Continue under
(Name, Contract) which
Page 3 of 8
Designation, category
Organization,
Role in the
committee)
3. Provide certified copy of centre wise (all CDAC centre) details of the all S&T & Non S&T scaled employee who has been re-appointed after their resignation as per given below format.
Centre Name__________
Sl. Employee CDAC Date of Last Re- Reason for Post/Scale CDAC Is
No. Name Centre Resignation post/Scale Appointment Re- of Re- Centre his
from from Date Appointment Appointment where pre
where which he/she se
he/she he/she Re- pe
Resign resign Appointe co
d
4. Provide the certified copy of file & committee proceeding who approved re-appointment process of above question.
File No. CIC/BS/A/2014/001480 The appellant sought the following information:-
1. Provide the certified copy of Year wise (1999 to 2013) and centre wise (all CDAC centre) all regular vacancy status as per given below format Centre name_____ Year_____ S. Post Scale/Pay Total Sanctioned Total Filled Reservation No Band + Sanction Reservation Status filed status Grade pay Post UR OBC SC ST UR OBC SC ST
2. Provide certified copy of Year wise (1999 to 2013) and centre wise (all CDAC centre) contract on scale as per given below format.
Centre Name_____ Year____ S. Post Scale/Pay Total Sanctioned Total Filled Reservation No Band + Sanction Reservation Status filed status Grade pay Post UR OBC SC ST UR OBC SC ST Page 4 of 8
3. Provide certified copy of Year wise (1999 to 2013) and centre wise (all CDAC centre) continues contract status as per given below format.
Centre Name_____ Year____
S. Post Scale/Pay Total Sanctioned Total Filled Reservation
No Band + Sanction Reservation Status filed status
Grade pay Post
UR OBC SC ST UR OBC SC ST
4. Provide certified copy the year wise (1999 to 2013) and centre wise (all CDAC centre) details of the regular posts that had been converted from S&T to Non S&T across all centre's of CDAC in given below format.
Centre Name____ Year____ Reservation Category____ S. No S & T Post Converted Non Total No. Reason for Approved by S&T post conversion
5. Provide certified copy of Year wise (1999 to 2013) and centre wise (all CDAC centre) details of the regular post that have been downgraded for S&T posts across all centre's of CDAC as given below format.
Centre Name____ Year____ Reservation Category_____ S. No S & T Post Converted Non Total No. Reason for Date of Approved S&T post conversion Conversio by n File No. CIC/BS/A/2014/001481 The appellant sought the following information:-
1. Provide the certified copy of centre wise (all CDAC centre) Year wise (2003 to 2013) details of the all regular S&T & Non S&T employee as per given below format. Also attach the copies of advertisement as enclosure Centre name____ Year____ S. Employ Employ 1st Pay Date Type of Is this If yes then Qualifyin N ee ID ee Appointm Scal of post/contract post Name of g o. Name ent post e joini given Advertis Newspaper degree on scale ng Regular/Con ed & Date of with tract on Yes/No Advertisem percenta scale/continu ent/ If no ge es then contract/proj reason for ect not based/grade advertising based the post Page 5 of 8
2. Provide certified copy of file noting & committee proceeding who approved recruitment process of above question.
3. Provide certified copy of final merit list through which scale posts (regular, contract on scale and continues contract) filled across CDAC during the period 1999-2013.
File No. CIC/BS/A/2014/001482 The appellant sought the following information:-
1. Provide certified copy of the approved rules/noting/instructions and file proceedings through which mapping/regularization took place across CDAC.
2. Provide certified copies of the various mappings/regularization (as per the format placed below) and file proceedings which took place for regularization of employees at CDAC- a;;
centers till date.
S. Centre Date on Detail of Posts/Scale Mention the
No. Name which Post/ Reservation No. of S&T phase
mapping Scale Category Post/Scale or (phase 1,2
took place (GEN/ST/SC/OBC) Non & 3 etc.)
S&T
post
3. Provide certified copy of the details regarding interviews held for regularization mapping across all centers as per given below format Sl. CDAC Mapping Committee Member Who approved the Date of Mapping No. centre Details (Name, Designation, committee? (Provide Interview name Organization, Role in the the copy of file noting committee) where its approved) Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Jignesh Modi appellant's representative Respondent: Mr. Shriniwas S Pownikar CPIO & Mr. Rai Verghese, Director HRD, Pune.
It is seen that the information sought in all the appeals is inter related and hence they are heard together and disposed of by a common order.
The CPIO stated that the appellant in the aforesaid appeals is asking for huge and voluminous information spread over 10 locations covering a period of almost 14 years and all attempts have been made to provide the available information, however, collecting and compiling more details will disproportionately divert the resources of the public authority. As an example, the CPIO pointed out that in one of the queries the appellant had asked for copies of all Governing Council (GC) proceedings and minutes for the period 2000 onwards. He submitted that C-DAC Page 6 of 8 holds GC meeting regularly, with the result that acting on the RTI application would imply disproportionately diverting the scarce resources of C-DAC, which the RTI Act's section 7(9) seeks to prevent. It was further argued that the 'information' relating to GC proceedings and minutes can be inextricably intertwined with exempt and sensitive information making it difficult to sever the information, as contemplated under section 10 of the Act. It would involve the tedious task of filtering out the information needing to be referred to the authorities to decide about the application of the exemption from disclosure clauses.
The appellant's representative stated that he is willing to narrow his queries and wants the following:
(i) Copy of recruitment rules, transfer policy and promotion policy.
(ii) Copy of roaster register for Group 'A' & 'B' (regular, continuing and grade based) for the period 1999 onwards.
(iii) Status of employees at the time of mapping (who were mapped & interviewed in 2010 & 2011) at various centres (continuous contract and grade based contract) and the list of candidates interviewed and selected.
(iv) List of people who were reappointed after resignation from 2003 onwards.
The CPIO submitted that as regards query (ii) the grade based roaster is for employees with short term contracts and unless the cycle is specified it is not possible to provide the information. The appellant's representative stated that he wants the information for 2005, 2006, 2007 & 2008 relating to NOIDA centre. The CPIO stated that whenever recruitment takes place a roaster is prepared and the information for NOIDA centre from 2005 onwards will be provided. He, however, clarified that the life of the roaster is for the period of the contract and there is no carry forward.
As regards query (iv) the CPIO clarified that there is no provision for reappointment and no list is available. He further contended that there is no case where an employee has been given back dated appointment.
Decision notice:
The CPIO is directed to supply the information requested in para (i) & (iii) above together with grade based roaster for employees with short term contract at NOIDA centre as available on record within 30 days from the date of receipt of this order. If, thereafter, the appellant/his representative so desires the CPIO should allow inspection of roaster for grade based contract employees at NOIDA.
The appeals are disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Page 7 of 8 Dy. Registrar/Designated Officer Page 8 of 8