Central Information Commission
Mrbhakthavastchalam vs Department Of Atomic Energy on 25 January, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No. CIC/RM/A/2014/001643-YA
F.No.CIC/RM/A/2014/001645-YA
Date of Hearing : 25.01.2016
Date of Decision : 25.01.2016
Complainant/Appellant : Mr Bhakthavastchalam
Respondent : S.Velurugan
CPIO BARC Facilities
Mr Bhupathi
PIO Centre for Atomic Research
Information Commissioner : Shri Yashovardhan Azad
Both the parties are same in the above appeals and therefore these are clubbed together.
Relevant facts emerging from complaint/appeal:
RTI application filed on : 29.11.2013 & 29.11.2013
CPIO replied on : 27.12.2013 &12.12.2013
First Appeal filed on : 20.01.2014 &20.01.2014
First Appellate Authority (FAA) order on : 18.02.2014 &05.02.2014
Complaint/ Second Appeal received on : 31.03.2014 &31.03.2014
Information Sought:
The appellant in both the appeals sought information relating to service details of other
employees of BARC facilities, APAR gradings of other employees, Over time payment rules
and other related information.
Background of the case:
In F.No.CIC/RM/A/2014/001643-YA, The appellant filed an RTI application on 29.11.2013 seeking 14 points of information. CPIO gave pointwise reply vide letter dated 27.12.2013 in respect of Point No. 1 to 10 and 12, and denied information in respect of Point No. 13 stating that the information comes under the exemption of Sec 8(1)(j) of the RTI Act, 2005 and denied information in respect of Point No. 14(a)(b)(c) stating that information sought does not come u/s 2(f) of the RTI Act. Whereas in respect of Point No. 11, the CPIO replied that the information sought is not clear. The FAA vide letter dated 18.02.2014 disposed of the first appeal by upholding the reply of the CPIO and in addition provided information in respect of Point No. 11 after clarification of query.
The main issue in the above case is as under:
1. Whether the information sought in respect of Point No. 13 relating to Grade in APAR of other employees comes under personal information exempted u/s 8(1)(j) of the RTI Act, 2005.
In F.No.CIC/RM/A/2014/001645-YA The appellant filed an RTI application on 29.11.2013 seeking 14 points of information .CPIO vide letter dated 12.12.2013 gave pointwise reply in respect of information sought in Point no. 1 to 10, 12 and 14(a), and information in respect of Point No.13, the CPIO had denied to furnish the details of significant contribution by the other employees as a result of which "Outstanding" was graded in their APAR, by taking the plea of Sec 8(1)(j) of the RTI Act 2005. 14(b) and (c) was denied stating that information sought does not come u/s 2(f) of the RTI Act. Whereas in respect of Point No. 11, the CPIO replied that the information sought is not clear. The FAA vide letter dated 05.02.2014 disposed of the first appeal by upholding decision of CPIO and in addition provided information in respect of Point No. 11 and directed the CPIO to provide organisational chart in respect of Point No.7 and Copy of OTA(Overtime Allowance) in respect of Point No. 9 and in respect of Point No. 10 and 14 Copies related to PRIS (G) and PRIS (I) and a copy of the list of employees working in MRPU but on the rolls of IGCAR.
The main issue in the above case is as under:
1) Whether the information sought in respect of Point No. 13 relating to details of significant contribution by the other employees as a result of which "Outstanding" was Graded in their APAR is a personal information and comes under the purview of Sec 8(1)(j) of the RTI Act 2005.
Relevant facts emerging from hearing:
Both parties are present and heard through video conferencing. The appellant states that he is not satisfied with the information provided by the respondent. CPIO on the other hand pleaded that after the directions from the First Appellate Authority, he provided all the information as available on record except those which are exempted under the provisions of the RTI Act 2005.
CPIO further brings to light the facts that the process is transparent as all the information relating to List of employees, Name, Designation, Salary all are available in the website. As per averments of respondent, in both the appeals all information was provided in conformity with provisions of the RTI Act, 2005.
On being asked by the Commission, appellant states that he is not satisfied specifically in respect of information relating to Overtime Allowances. Decision:-
After hearing both the parties and on perusal of record it is observed by the Commission that, the above two issues arose from both appeals and are almost same. In view of the Commission details of the APAR of the other employees are personal information and it comes under the purview of Sec 8(1)(j) of the RTI Act, 2005. Therefore, the Commission holds that the exemptions under Sec 8(1)(j) of the Act has been correctly applied by the CPIO and FAA. Hence, no further step is required.
The appellant was not satisfied with the information provided relating to overtime payment rules and other related information, the Commission is not the proper forum to redress such grievances, where the information is already provided.
Accordingly, both the files are remanded back to Mr Vikraman Nair, First Appellate Authority, Kalpakkam and is hereby directed to conduct a personal hearing and dispose of the matter as per the provisions of the RTI Act, 2005 within 2 weeks of receipt of this order, under intimation to the Commission. Further, the information's which are already in public domain are not to be provided.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy or Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Central Public Information Officer under RTI First Appellate Authority under RTI Deputy General Manager (KNRPC), Facility Director & FAA, Department of Atomic Energy, Department of Atomic Energy, BARC Facilities, Kalpakkam, BARC Facilities, Kalpakkam, District - Kanchipuram (T.N.). District - Kanchipuram (T.N.).
Shri Bhakhavastchalam M.D., I.C.No.-433, EMP Code-792 - (JPA), Madras Regional Purchase Unit (MRPU), Directorate of Purchase & Stores (DPS), Department of Atomic Energy (DAE), 6th Floor, Shastri Bhawan, Chennai-600006 (T.N.