Central Information Commission
Mro P Agarwal vs Csir Hqrs.,New Delhi on 18 August, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/YA/C/2014/000132
Date of Hearing : 17.02.2015
Date of interim Decision : 02.03.2015
Date of final decision 18.08.2016
Complainant : Shri O.P. Agarwal,
Shri Rajshekhar Rao, Advocate
Delhi
Respondent : Dr. D.S. Bedi, CPIO
Shri Ashok Kumar, US
Ms. Pallavi Sengupta
Shri B.S. Balachandran, SO
CSIR, Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from complaint:
RTI application filed on : 11.08.2013
PIO replied on : 09.10.2013
First Appeal filed on : 08.10.2013
First Appellate Authority (FAA) order on : 19.11.2013
Complaint received on : 16.04.2014
Information sought:
The complainant sought information on 12 points regarding CSIR proposal for requesting upgradation of 10% of post of Scientist G/H in the scale of 18400-22400 to the scale of 22400- 24500, qualification/experience required for the post of scientist Groups IV(6) & IV(7), procedures/rules on the basis of which appointment is made in the above scales, copies of file notings/correspondence exchanged in relation to his assessment as Scientist Gr. IV(6) w.e.f. 01.01.19999, etc. Relevant facts emerging during hearing:
Both parties are present. The complainant filed an RTI application dt. 11.08.2013, seeking the above information. PIO provided a point-wise reply on all point, except on Point 11 to the complainant. The FAA disposed of first appeal filed by the complainant without giving any directions to the PIO, by merely stating that the complainant has not mentioned any specific point for which information has not been provided to him.
The complainant stated that the PIO provided a reply a day after he filed first appeal. He stated that no information was provided to him on Points 6, 8, 12 & 9 for the reason that files were not readily available and information sought was unspecific respectively. Further, Point 11 was not replied to at all. The CPIO stated that all the concerned files were shown to the complainant at the time of inspection but the other files are not traceable. He stated that they have even checked the weeding out schedule from the dept. but no reference was given regarding the concerned file. The complainant stated that his personal file is available only till 2002 and not 2005. The respondent affirmed that the documents on the complainant's file are available only till 2002 and stated that he cannot comment on where did the rest of the documents, i.e. till 2005, go.
On query by the Commission as to whether the complainant is ready to give his documents once again to the respondent authority, the complainant agreed for the same. However, he requested that an inquiry in this regard must be conducted as to where did his documents go along with the other files that are not traceable in the dept.
Interim Decision:
After hearing both parties and on perusal of record, the FAA is directed to conduct an inquiry, under the supervision of DG, CSIR, to trace the concerned missing/untraceable files on Points 6, 8 & 12 of the complainant's RTI application along with his own file which should have documents from 2002 to 2005 as well. This enquiry shall be conducted within four weeks of receipt of this order. If concerned files are not traced, then responsibility shall be fixed and an affidavit to that effect shall be filed before the Commission, along with the enquiry report, along with a copy of the same to the complainant. If the concerned documents are traced out, then the same shall be intimated to both the complainant and the Commission. A copy of the enquiry report, along with the relevant documents and the affidavit, shall be filed before the Commission, latest by 27.04.2015, after which the Commission will pass a final order. A copy of the enquiry report and affidavit shall also be endorsed to the complainant.
The Registry of this Bench is directed to put up this case before the Bench, latest by 06 th May, 2015. Fresh notices for hearing will be sent to both the parties, if desired.
The order is reserved.
Decision : 18.08.2016 An interim reply was received from CSIR on May 8, 2015 which is reproduced as below:
"This has kind reference to your above mentioned decision, where you directed CSIR to conduct an inquiry, under the supervision of DG,CSIR to trace the concerned missing/untraceable files on points 6,8 & 12 of the complaintant's RTI application. DG, CSIR had constituted an inquiry committee that is looking into the matter. This matter was erstwhile being dealt by R&A Section of CSIR HQ at that time which was later disbanded and all the files and records were sent to Recruitment & Assessment Board (RAB) of CSIR HQ with some files and records stored in the record room. The detailed investigation into the matter of missing files is taking time, more so as the concerned persons who had dealt with this matter are not in service as of now. Hence, additional time of 15 days from the date of issue of this letter is requested to furnish the subject information."
The final inquiry report dated May 4, 2016 was received from the CSIR on May 9 th , 2016. The report reveals that custody of the file was in E.III Section, however, since record was not available there, a circular was issued to all Sections/Divisions of CSIR. This effort again did not bear fruit hence, the dealing Assistant of personal files of Scientists were located. The concerned Assistants dealing with the particular file had, however, retired. Efforts were made to contact them to seek their help but this also did not yield the desired result.
The inquiry report suggests in the end that there should be proper handling and taking over the files as and when a dealing hand/officer superannuates or gets transfer from central office.
Meanwhile, annexed to the inquiry report, are also the observations submitted by the CPIO which are given below:
"Central office has informed that complete file of erstwhile PPS section (now HR-III) in which representation of Dr. O.P.Agarwal for placement in the higher scale of Rs.22400-24400 has already been inspected by Dr. Agarwal and copies of relevant pages have ben also been provided to him. It was also stated that through specific volume of personal file is not available but most of correspondence one by E.III Section with erstwhile PPS (now HR-III) which has already been shown to Dr. Agarwal and that no further RTI application has been received from him."
As mentioned above, the respondent has claimed that most of the queries have been taken care of by way of the correspondence between E.III Section and PPS having being shown to the appellant and copies of relevant pages of files with the PPS Section (now HR- III) provided to the appellant.
The Commission notes that since the inquiry report has fixed responsibility for the lapse on officers who are superannuated, no disciplinary action can be initiated at this juncture. It is, however, a matter of concern that important files relating to the personnel go missing in such an important organisation like CSIR. This calls for better monitoring and maintenance at the officer's level. Detailed guidelines regarding maintenance and monitoring of files movement are already given by the Government in this regarding which need to be scrupulously followed. Necessary directions from the DG,CSIR for strict adherence to the laid down rules in this regard need to be issued. Designated Officer of this Registry is directed to send a copy of this order to DG,CSIR for appropriate action.
The appeal is 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.
(R.P.Grover ) Designated Officer Central Public Information Officer under RTI First Appellate Authority under RTI Section Officer - RTI Cell / HQ., Joint Secretary-(Admn.), Council of Scientific & Industrial Research, Council of Scientific & Industrial Research, Anusandhan Bhawan, Anusandhan Bhawan, 2, Rafi Marg, New Delhi-110001. 2, Rafi Marg, New Delhi-110001.
Dr. O. P. Agarwal Flat No.-27, Saakshara Apartments, A-3 Block, Paschim Vihar, New Delhi-110063.