Central Information Commission
Ramesh D. Sarasia vs S.V. National Institute Of Technology, ... on 19 March, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/SNITS/A/2022/154911
Ramesh D. Sarasia ... अपीलकता /Appellant
VERSUS
बनाम
CPIO: Sardar Vallabhbhai
National Institute of ... ितवादीगण/Respondents
Technology, Surat
Relevant dates emerging from the appeal:
RTI : 26.07.2022 FA : 14.09.2022 SA : 23.11.2022
CPIO : 25.08.2022 FAO : 19.10.2022 Hearing : 12.03.2024
Date of Decision: 14.03.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 26.07.2022 seeking information on the following points:
• In the context the promotion given in SVNIT Surat vid Advt No. E/advt/3200 dtd 5th Jan 2018 to the assistant professor to the post of Associate Professor should be reviewed and withdrawn. All the beneficiary should be reverting backs to their original position of Assistant Professor. Also the excess amount paid to them in the salary till to day should be recovered.
(i) There for you are requested to provide all relevant documents as mentioned in above Para Page 1 of 6
(ii) Please provide certified documents of order issued by Ministry
(iii) I am ready to pay documents charges and also enclosed here with postal order of Rs 10/- for processing fees.
(iv) Also provide certified copies of recovery of 12 Associate professors. (Assistant Professor 5th CPC) who had not completed three years in the pay scale of Rs 12000-18300 as follow.
1) Dr R A Christan
2) Dr G J Jsohi
3) Dr Mansoor M Ahamed
4) Dr Rakesh Kumar
5) Dr J Banerjee
6) Dr A A Shaikh
7) Dr S Kumar
8) Dr Anandita Chowhary
9) Dr Mausami Chakraborty
10) Dr A K Shukala
11) Dr K N Pathate
12) Dr Smita Jahari Also furnished this Information.
a) How many Assistant Professors promoted to the post of Associate Professor vide No. E/advt /3200 dated 5th January, 2018.
b) The copy of rules on which ground they are promoted to the post of Associate Professor.
c) Whether the institute has taken care off the final judgment of the Honorable High Court of Punjab and Haryana at Chandigarh (LPA No. 1482 of 2018.
(O&M)) Dated 5-12- 2019 in the context of Assistant Professors promoted to the post of Associate Professor vide No: E/advt/3200 dated 5th January, 2018.
Page 2 of 6d) 4. Whether the institute has taken care off the final judgment of the Honorable Supreme Court of India, the Special Leave Petition (Civil) Diary No.21233/2020 in the context of Assistant Professors promoted to the post of Associate Professor vide No. E/advt/3200 dated 5th January, 2018.
2. The CPIO replied vide letter dated 25.08.2022 and the same is reproduced as under :-
(i) Refer 50 (Spl.) BCG minutes dtd: 12/09/2019, Item-1 for details available on the Institute's Website
(ii) Refer NITSER statutes 2009 and its amendment in 2017are available on the NITSERWebsiteLohttp://nitcouncil.orgin/index.php/site/console/site/Administra tion.
(iii) No specific information is available in Institute's records.
(iv) No specific information is available in Institute's records.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.09.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 19.10.2022 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 23.11.2022.
5. The appellant and on behalf of the respondent Dr. Pramod Mahajan, Registrar and Mr. K.K Singh, Dy. Registrar, attended the hearing through video conference.
6. The appellant inter alia submitted that documents sought had not been furnished by the respondent.
7. The respondent while defending their case inter alia submitted that a point-wise response to the RTI application in accordance with the provisions of the RTI Act, 2005, had already been furnished to the appellant vide their letter dated 25.08.2022. He further Page 3 of 6 submitted that no specific information was available in their office records w.r.t point no. 3 and 4 of the RTI application. The written submission of the respondent is reproduced as under:-
"The applicant in the 1" para of his RTI Application dated 26-07-2022 advised the Institute to review and withdraw the promotion of Assistant Professor to Associate Professor vide Advt. No. E/adv/3200 dated 5th January 2018 and all beneficiaries should be reverted back to their original position. He sought all relevant documents in Point 1 at Page 1 and certified copies of orders issued by Ministry in Point No.2 at Page-1. In point No. 3 he is seeking certified copies of recovery of 12 Associate Professor(s) who have not completed three years in the Pay Scale of Rs 12000-18300. In addition to above, he has requested to furnish 4 more information(s) at page 2. The details are enclosed as Appendix-I. In-view-of the above, it is most respectfully submitted that:
1. The promotion for faculty cadre in NITs has been dispensed vide Ministry of Education, GOI Order dated 14th March 2012 & 18th March 2013 and has been replaced with Four Tier Flexible Cadre structure scheme for faculty. The details are enclosed as Appendix-II. The Qualification and other terms and conditions of appointment of Academic Staff is as per Schedule 'E' of the NITSER Statute 2017 Therefore, it has been reiterated in the RTI reply vide Point No. 1 and RTI Appeal dated 19-09-2022 that "No Assistant Professor was promoted against the Advt.
No. E/Advt/3200 dated 5th January 2008."
The applicant has given Advisory Remarks in Para 1 to the Institute, which is entirely an administrative decision and does not fall under the purview of RTI Act 2005. The Information sought in Point No. 2 at Page No. I of his RTI Application is irrelevant and hence no information could be provided.
2. At page 2, the applicant has sought certified copies of recovery of enlisted 12 faculty members without specifying any order/ reason for recovery. It may be noted that, the Institute has pending court cases with Hon'ble Hig Court of Page 4 of 6 Gujarat vide SCA No. 23242 of 2017 challenging recovery orders by the concerned employees wherein the recovery has been prohibited pursuant to the impugned order till the next date by the Hon'ble High Court of Gujarat. That's why the information could not be provided. The details are enclosed as Appendix- III
3. The institute has already provided the information sought at page no 2, Point No. 1, 2, 3 & 4 vide RTI Reply dated 23/08/2022 and Appeal Order dated 19-10- 2022. The details are enclosed as Appendix-IV
4. It is submitted that the appellant has been refrained from entering into the SVNIT Campus as per recommendations of Women Cell of the institute vide Letter no E/1384 dated 26/07/2017. The details are enclosed as Appendix-V."
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act vide letter dated 25.08.2022. The Commission finds no scope of intervention in the matter. With this observation, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 14.03.2024
Authenticated true copy
Col S S Chhikara (Retd) कन ल एस एस िछकारा, ( रटायड ) Dy. Registrar (उप पंजीयक) 011-26180514 Page 5 of 6 Addresses of the parties:
1. The CPIO, RTI Cell, Sardar Vallabhbhai National Institute of Technology, Surat, ICHCHHANATH, Surat - 395007
2. Ramesh D. Sarasia Page 6 of 6