Central Information Commission
Raj Singh Rana vs Navodaya Vidyalaya Samiti on 1 March, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No :. CIC/NAVVS/A/2019/640037
Raj Singh Rana अपीलकता /Appellant
.....अपीलकता
VERSUS
बनाम
CPIO
NAVODAYA VIDYALAYA SAMITI,
RTI CELL, REGIONAL OFFICE, 18,
SANGRAM COLONY, MAHAVEER MARG,
C-SCHEME, JAIPUR-302001, RAJASTHAN.
CPIO
NAVODAYA VIDYALAYA SAMITI,
RTI CELL, HQ, B-15, INSTITUTIONAL AREA,
SECTOR 62, NOIDA, DISTT. G.B. NAGAR,
UP-201309 .... ितवादीगण /Respondent(s)
Date of Hearing : 01/03/2021
Date of Decision : 01/03/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 01/01/2019
CPIO replied on : 01/02/2019
First appeal filed on : 22/02/2019
1
First Appellate Authority order : 01/03/2019
2nd Appeal/Complaint dated : 27/04/2019
Information soughtand background of the case:
The Appellant filed RTI application dated 01.01.2019 seeking information on following five points;
1. "Provide the certified copies of seniority lists up to 31 December, 2017 of Chandigarh Region and Jaipur region of TGTs Mathematics and English.
2. Provide the certified copies of papers containing the provisions of distributing the available vacancies under promotion quota (TGT to PGT) among different regions of the Samiti and the way (if any) reservation system is maintained in this process.
3. Provide the certified copies of papers containing the implementation status of 7cpc recommendations regarding leave rules of teachers working in NVS.
4. Provide the copies of the provisions of the Samiti which justify the different promotion policies for different categories of staff working in NVS.
5. Provide the certified copies of provisions of passing the (TA/DA, LTC, Medical etc.) claims of employees at RO level. Whether there is any time limit for passing such claims."
The CPIO furnished point wise reply to the Appellant on 01.02.2019 stating as under:-
"Point No. 1:-Tentative Seniority list or RO Jaipur is available at RO Jaipur website: www.nvsrolpr.gov.in.
Point No. 2:- No such information is available in this office, it pertains to NVS (Hqrs.) hence, the same is transfer to NVS (Hqrs.) under Rule 6 (3) (ii) of RTI Act, with the request to provide the desire information to the applicant.
Point No.3:- No such directions have been received from NVS -Hqrs.2
Point No. 4:-It pertains to the NVS (Hqrs.) hence, the same is transfer to NVS (Hqrs.) under Rule 6 (3) (ii) of RTI Act, with the request to provide the desire information to the applicant.
Point No. 5:-The Samitil has adopted the service rules of the Central Govt. Hence, copy of these rules may be obtained from the website of DOPT and Ministry of Finance Govt. of India."
Being dissatisfied with the reply to points no.2 & 4 of the RTI Application, the appellant filed a First Appeal dated 22.02.2019. FAA's order dated 01.03.2019 stated that information has already been furnished to the Appellant vide letter dated 21.01.2019.
NVS Hqrs replied to points no.2 & 4 of the RTI Application stating that the information is available on their website.
Grounds for the Second Appeal:
Feeling aggrieved and dissatisfied with the reply of NVS Hqrs, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent No. 1: Ashok Kumar, Assistant Commissioner & CPIO present through intra-video conferencing.
Respondent No. 2: S. K. Maheshwari, Assistant Commissioner & Representative of CPIO present through video conferencing.
The Commission remarked upon a perusal of the facts on record that the Appellant has contested the reply of Respondent No.2 for points no. 2 & 4 of the RTI Application.
The CPIO submitted that the Appellant was appropriately informed that he can access their website for the desired information.3
Decision The Commission observes from a perusal of the facts on record that though the information sought for at points no.2 & 4 of the RTI Application is not as per Section 2(f) of the RTI Act yet Respondent No.2 has provided a factual reply indicating the availability of the relevant information on their website.
Nonetheless, the Commission recalls that the issue of seniority and promotions in NVS was raised by another Appellant in File No. CIC/NAVVS/A/2019/639916, which was heard on the same day as the instant Appeal and following observations were made therein:
"However, the fact that the seniority list of PGT has not been updated since the year 2010, so much so, that allegedly even names of deceased employees figure in the seniority list that is available in the public domain casts a murky shadow on the promotions accorded by the Respondent office and lends much credence to the aspersions leveled by the Appellant.
In view of the foregoing, in keeping with the principles of probity and transparency, both of which are the touchstones of the RTI Act, the Commission directs the CPIO to place a copy of this order before their competent authority for taking note of the concededly serious allegations of the Appellant as well as to expedite the process of updating the averred seniority on regular intervals."
Since, the instant matter also concerns the issue of promotions and seniority list of TGTs, there appears to be some serious ambiguity in the system of according promotions to teachers by NVS and the dissatisfaction amongst their teachers is rather pertinent in the face of these RTI Applications and Second Appeals.
Having observed as above, adverting to the decision in the earlier Appeal (supra) the CPIO is directed to place a copy of the instant order as well before their competent authority in order for them to gauge a sense of the underlying issue of seniority list inter alia, promotions which prima-facie is reflective of lack of probity in the management of NVS.4
With the above observations & remarks, the appeal is disposed of.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणतस यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5