Central Information Commission
Mr.K K Dawar vs Ministry Of Communications And ... on 1 August, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2012/000715/3144
01 August 2013
Relevant Facts emerging from the Appeal:
Appellant : Mr. K. K. Dawar
Assistant, D/o Posts
CWP Section, Dak Bhawan,
Sansad Marg, New Delhi-01
Respondent : CPIO & Assistant Director General (Admn.)
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-01
RTI application filed on : 17/02/2012
PIO replied on : 14/03/2012
First appeal filed on : 21/03/2012
First Appellate Authority order : Not mentioned.
Second Appeal received on : 30/05/2012
Information sought:
(a) Please intimate and confirm that Department of Posts, New Delhi (Administration Section) is very well aware that 27 vacancies in the grade of UDC of CSCS were created and 27 posts of LDCs were abolished in the Department of Posts Cadre Vide Order No. 23-19/94-PE-Il dated 19.10.1994 retrospectively w.e.t. 1.4.1994 as per the orders issued by the DOP&T Vide their O.M. No. 12-8/90-CS-li dated 30.3.1994. Also intimate the names of the officials promoted against created post of UDC as on 1.4.1994 in the Department of Posts cadre, if any, for the Select List of UDCs of CSCS for the year, 1993, under RTI Act, 2005.
(b) Please intimate and confirm that even 27 vacancies in the grade of UDCs of CSCS were available in the Department of Posts cadre as on 1.4.1994, even then "NIL" vacancies was reported to the Department of Personnel & Training, New Delhi by the Department of Posts (Administration Section) for the Select List of UDCs of CSCS for the year, 1993, under RTI Act, 2005.
(c) Please intimate and confirm that no eligible LDCs of CSCS of the Department of Posts cadre was included in the Select List of UDCs of CSCS for the year, 1993 due to non reporting of newly created 27 posts of UDCs as on 1.4.1994 well in time for inclusion in the Select List of UDCs of CSCS for the year, 1993 by the Department of Posts cadre to the Department of Personnel & Training, New Delhi, under RTI Act, 2005.
(d) Please intimate and confirm that number of eligible LDCs of CSCS were available in the Department of Posts cadre for inclusion of Select List of UDCs of CSCS for the year, 1993 against available 27 posts of UDCs of CSCS, even then the post of UDCs of CSCS were carry forward (for subsequent another years) without any justifications. Please indicate the ruling of DOP&T for taking such action, if any, under RTI Act, 2005.
Page 1 of 3(e) Please intimate and confirm that the action taken/proposed to be taken against the concerned Officials/Officers of the Administration Section of the Department of Posts for submission of wrong/misleading information to the Nodal Ministry in view of points ( a) to (d) mentioned above, under RTI Act,2005.
(f) Please intimate and confirm that as per the Department of Personnel & Training, New Delhi Vide their Office Memorandum No. 25/9/2011-CS-ll(B) dated 23 June, 2011, Department of Posts cadre had not intimated the posts created on the basis of the cadre restructuring neither against Select List year 1993 nor against Select List year, 1994 of UDCs of CSCS to the Department of Personnel & Training, New Delhi, under RTI Act, 2005.
(g) Please intimate and confirm that Compassionate appointment can be made only against the direct recruitment quota and applicants should fulfill all eligibility conditions in Recruitment Rules prescribed by the Department of Personnel & Training, New Delhi under RTI Act, 2005.
(h) Please intimate and confirm that the period of Select List of LDC for the year, 1984 cover the period from 1st July, 1984 to 30th June, 1985 as per the existing CSCS Rules, 1962. Official appointed during the Select List Period of 1984 also included in the relevant Select List of LDC for the year, 1984 against direct recruitment quota, under RTI Act, 2005.
(i) Please intimate and confirm that Compassionate appointments can be made only up to 5% of Direct Recruitment vacancies which may be calculated on the basis of total direct recruitment vacancies for Group "C" posts that have arisen in the year and no compassionate appointment can be made if there is no vacancy as per the Govt. Orders, under RTI Act, 2005.
(j) Please intimate and confirm that candidate appointed against the carry forward vacancy of earlier recruitment year as an LDC of CSCS , allow the seniority of the subsequent year as per the Department of Personnel & Training ( Establishment -- D), New Delhi instructions issued from time to time in this regard, under RTI Act,2005.
(k) Please intimate and confirm that the procedure followed for fixation of seniority of a person appointed on compassionate grounds as an LDC of CSCS in the Department of Posts cadre, under RTI Act, 2005.
(m) Please intimate the details of the staff working in the grade of LDCs, UDCs and Assistants of Department of Posts( Postal Directorate ) with more than 4 (Four) years along with their date of posting in a particular Section etc. as on date, under RTI Act, 2005.
(n) Please intimate the name of the Division/Sections comes under the grading of Sensitive in the Department of Posts, Oak Bhawan, New Delhi, under RTI Act, 2005.
(o) Please intimate and confirm that the guidelines issued by the Government from time to time in connection with Posting and Transfer and the criteria followed by in the Department of Posts (Postal Directorate) in this regard, under RTI Act,2005.
Grounds for the Second Appeal:
The PIO has not given complete and satisfactory information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Mr. Manoranjan Samal CPIO The CPIO stated that the information requested by the appellant in his RTI application dated 17/02/2012 has been furnished to him vide letter dated 14/03/2012. He pointed out that the appellant has a service related grievance regarding his promotion and has filed multiple RTI application seeking all types of information which have been provided to him from time to time and under the guise of seeking information he is trying to pressurize the public authority to redress his grievance. He also stated that the appellant had agitated his grievance before the CAT but the Page 2 of 3 department went in appeal to the High Court which has squashed the CAT order. He added that the appellant has inspected the relevant records and has been provided copies of several documents and in case he still needs any further information/document(s) he is free to inspect the records again. The appellant is not present for making his submissions/contesting the facts.
Decision notice:
From the CPIO's submissions it appears that the information has been provided. If, however, the appellant needs any further information relating to his RTI application dated 17/02/2012 the CPIO should permit him to inspect the relevant records and also take photocopies/extracts therefrom, free of cost, up to 20 pages within 15 days from the date of receipt of this order.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(A.K.Jha) Deputy Secretary and Deputy Registrar Page 3 of 3