Central Information Commission
Bhavana Nath vs Indian Telephone Industries Ltd on 24 January, 2025
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/ITILT/A/2023/132726
Ms. Bhavana Nath ...
VERSUS/बनाम
PIO, ...प्रनतवा
Indian Telephone Industries Ltd
Date of Hearing : 22.01.2025
Date of Decision : 22.01.2025
Chief Information Commissioner : Shri Heeralal Sama
Relevant facts emerging from appeal:
RTI application filed on : 04.12.2022
PIO replied on : 26.12.2022
First Appeal filed on : 20.01.2023
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 27.07.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 04.12.2022 seeking information on following points:-
1) "Whether MBA-HR degree from Pondicherry University (UGC and AICTE approved, Central University) is considered or not by the Corporate-HR ITI Limited?
2) I wanted to know that ITI Ltd has some specific Universities in their panel list for the enhancement of qualification during service period?
3) What was the reason for already given PQ Status but not considered by Corporate -HR Management during PRCs, ie. PRC- 2019, 2020 & 2021?
4) What was the specific reason for the Cancellation of PQ Status?
5) PQ Status awarded to me (Bhavana Nath) vide Memorandum letter Ref. COHR/MKTG/30261 on dated 02/07/2018, is cancelled without any information. The reason for cancellation is not known to me till date."
The Chief Manager (HR)(Estb) & CPIO, Indian Telephone Industries Ltd., Bengaluru vide letter dated 26.12.2022 replied as under:-
A.1 "Yes. It is considered w.e.f.18.05.2022. A.2 Degree from any recognized University considering w.e.f.18.05.2022.
Page 1 A.3. Please refer answer to Q.I and your case was not through internal advertisement.
A.4 Absence of a Policy decision for officers not selected through internal advertisement.
A.5. As at point No.4."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.01.2023 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 15.01.2025 has been received from the Appellant and same has been taken on record for perusal.
Written submission dated 18.01.2025 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
4. It has been submitted that following are the questions which has been raised by the appellant under Second Appeal under Section 19(3) of the RTI Act,2005 and the submissions regarding them are as enumerated below:
a) Query No.1: Whether MBA-HR degree from Pondicherry University (UGC and AICTE approved, Central University) is considered or not by the Corporate - HR ITI Limited?
Though the approval, to acquire higher educational qualification was given to the applicant, the approval doesn't state that the Qualification status will be changed upon completion of Higher education.
ii)It is pertinent to mention that MBA-HR degree from Pondicherry University acquired in distance mode was not considered as professional Qualification by ITI Limited till 2022. (Documents in this regard are attached as Annexure 2).
b) Query No.2: I wanted to know that ITI Ltd has some specific Universities in their panel list for enhancement of qualififcation during service period?
i) Only Qualifications from specific Universities i.e.. IGNOU, NIPM were recognized by ITI Limited till 2022. Though the PQ status was conferred to the officer, it was not in consonance with the extant policy of ITI Limited. It is submitted that corporate management is the competent authority to decide on any such deviations. The decision given by denying the PQ status by corporate management is in accordance to the extant rules/policy of ITI Limited (Supporting Documents attached as Annexure 3)
c) Query No.3: What was the reason for already given PQ status but not considered by Corporate-HR Management during PRC's i.e., PRC-2019, 2020&2021.
Kindly refer to clarification given for Query No.2.
Page 2
d) Query No.4: What was the specific reason for cancellation of PQ status?
Kindly refer to clarification given for Query No.2.
e) Query No.5: PQ Status awarded to me (Bhavana Nath) vide Memorandum letter Ref.COHR/MKTG/30261 on dated:
02/07/2018, is cancelled without any information. The reason for cancellation is not known to me till date Kindly refer to clarification given for Query No.2.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: Mr. Sajan Abraham- GM(HR)- participated in the hearing through video-conferencing.
The Appellant stated that the relevant information has not been furnished till date. She requested to direct the PIO to furnish the information.
The Respondent stated that the relevant information as sought by the Appellant has ben duly provided to her. Furthermore, the queries raised by the Applicant in his RTI Application is clarificatory in nature.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. Hence, no further intervention of the Commission is required in the instant matter.
Appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 3 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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