Central Information Commission
Shri. Hari Gopal Poddar vs Ntpc Limited on 1 April, 2009
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.3834/IC(A)/2009
F. No.CIC/MA/A/2009/000167
Dated, the 1st April, 2009
Name of the Appellant: Shri. Hari Gopal Poddar
Name of the Public Authority: NTPC Limited
i
Facts:
1. The appellant was heard on 1/4/2009.
2. The appellant, an employee of the respondent, has grievances regarding service matters, mainly transfer and promotion. In this context, he has sought for the following information:
(i) Certified copy of approval of competent authority deciding the transfer of the applicant from BTPS, New Delhi to SSTVP, Shaktinagar;
(ii) Certified copy of all the documents referred in the approval of transfer as above;
(iii) Certified copy of approval of competent authority deciding the effective date of promotion from E3 to E4 from 8/9/04;
(iv) Certified copy of all the documents referred in the approval as on '3' above;
(v) Certified copy of approval for issue of IOM dated 4/8/08 by DGM (Promotion) and documents referred therein.
3. The CPIO and the Appellate Authority have replied. But, refused to furnish the information u/s 8(1)(j) of the Act, on the ground that the disclosure of information is not in public interest.
4. In the course of hearing, the appellant cited the following decision of this Commission and pleaded for providing the information asked for by him:
i "If you don't ask, you don't get." - Mahatma Gandhi 1 "Under Section 4(1)(d) of the Act, a public authority is required to state reasons for its administrative or quasi-judicial decisions to affected persons. Accordingly, there is no justification for withholding the information relating to grounds for transfer of the appellant as approved by the competent authority. In view of this, the denial of information relating to notesheet containing the remarks of the concerned officials on the basis of which the transfer of the appellant was effected, is untenable."
(Decision No.2996/IC(A)/2008 dated 5th August 2008) Decision:
5. The appellant has asked for information relating to his transfer and promotion. Since he is directly affected in the matter, there is no justification for denial of information about the action taken by the respondent in respect of regulation of his services to the respondent. The denial of information u/s 8(1)(j) of the Act is, therefore, un-acceptable. The CPIO is, therefore, directed to furnish a point-wise response and provide the requested information within 15 working days from the date of issue of this decision, failing which penalty proceedings u/s 20(1) of the Act would be initiated.
6. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari) Central Information Commissioner ii Authenticated true copy:
(M.C. Sharma) Assistant Registrar Name & address of Parties:
1. Shri. Hari Gopal Poddar, Dy. Manager (Fin.), NTPC-SSTPPS, PO:
Shantinagar, Dist. Sonebhadra (U.P.)
2. Shri. O.P. Khorwal, CPIO, NTPC Ltd., NTPC Bhawan, Core-6, Scope Complex, Lodhi Road, New Delhi - 110 003.
3. Shri. R.K. Rustagi, Appellate Authority, NTPC Ltd., NTPC Bhawan, Core-
6, Scope Complex, Lodhi Road, New Delhi - 110 003.
ii "All men by nature desire to know." - Aristotle 2 3