Central Information Commission
Mr.Pramod S Tanpure vs Department Of Atomic Energy on 27 April, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/00780/18633
Appeal No. CIC/SG/A/2012/000780
Relevant Facts emerging from the Appeal
Appellant : Mr. Pramod S. Tanpure
TGT (SS) PET, AECS No. 2
DAE Colony, ECIL (PO), Hyderabad
Respondent : Mr. P. Ramakrishnan
PIO & Chief Administrative Officer, Atomic Energy Education Society AEES, Central Office, Near AECS No. 6 Western Sector, Anushaktinagar, Mumbai-94 RTI application filed on : 10/01/2011 PIO replied : 07/10/2011 First appeal filed on : 29/10/2011 First Appellate Authority order : 21/11/2011 Second Appeal received on : 05/03/2012 Information Sought:
1. Please supply the copies of my ACR with overall grading since my date of joining till date i.e 1989 to 2009.
2. Supply the copies of instruction served if any, to the Principal and APIO, ACES, Indore not to forward my appeal made to the Appellant Authority and Secretary AEES, Mumbai as per the provision under RTI Act 2005 made on 18/09/2010 which was submitted to the office of ACES, Indore on 20/09/2010, in a sealed cover.
3. Supply the mode or guidelines issued by AEES or Governing Council time to time in a. Procedure of starting a new i.e. additional section in any of the AEC Schools.
b. Procedure of starting a new i.e. additional subjects in any of the AEC Schools. c. Procedure of purchasing of stationary material, books for TNP, books for library, material for various laboratories, sports material. If any format is issued to the Heads of the schools, supply the same.
d. Maximum no, of students in a section in primary, secondary and Sr, secondary classes
4. Supply the details of the students (Names) who have given their choice to opt for Physical Education subject during 2010-2011 at AECS, Indore,
5. Supply the details of the difficulties arrived in starting Physical Education as a subject during 2010- 2011 at AECS, Indore. Office notings in this connection may please be provided.
6. Supply the details of the students' strength and gender that have opted Biology subject in AEC Schools and the teachers' names teaching in class 11 & 12 since 2009 till date.
7. Supply the detailed correspondence/ office notings in connection with the introduncing of Physical Education as a subject at AECS # 4, Rawatbhata. Supply the details of the teacher who is involved in teaching Physical Education at Rawatbhata for boys and girls respectively at 12th levels since the inception of the subject till date.
8. Supply the details of the expenditure done on the salaries and other perks of the surplus teachers shown as per the circular AEES/R/2009-2010/1572 issued on 17June 2009.
Page 1 of 39. Supply the details of the expenditure done on the salaries nd other perks of the contract teachers appointed during 2009-2010 as per the information supplied as per the letter no. AEES/PIO/RTI Act- 2005/2010/2315 dated 12/07/2010.
10. Supply the details of accommodation of the surplus staff accommodated at various centres in 2010-11. Supply the details of the AEC Schools where still surplus staff is existing. The steps taken for accommodating them at required places in AEES.
11. Supply the details of vacancy positions and staff position in AEES of 2009-10 and 2010-2011.
12. Supply the information about the expenditure incurred in respect of the "Surplus Staff" identified at various AEC schools during 2010-2011 and list of "Surplus Staff" with their names and designations at various AEC Schools.
Reply of the Public Information Officer (PIO):
1. With regard to supplying the copies of ACR of Shri Tanpure, it is conveyed that disclosure of confidential report has been exempted under Clause (j) of sub-section(1) of section 8 of the Right to Information Act, 2005. Hence photocopy of your ACR cannot be given to you under RTI Act. However, ACR gradings of Shri Tanpure from 1989 to 2009 is provided in Annexure-A. Principal, AECS-4, Rawatbhata informed vide his letter dated 12/02/2011 that -
2. As per the practice, all the applications submitted by the staff are forwarded with necessary comments on the mailer, to the competent authority in LMC/AEES or any other agency, Principal cannot forward the sealed cover(s) i.e. without knowing the content of the letter(s) or the material in the sealed cover. In this case, Shri Tanpure was verbally requested to submit the open letter for necessary comments and forwarding as per the procedure. But he did not abide by the instructions. Therefore, he was told to send the sealed cover directly to the Appellate Authority and Secretary, AEES.
3.
a. & b. A proposal regarding starting of new or additional section or starting a new or additional subject needs to be placed before the Governing Council. The condition for opening a new section or starting a new subject is that the number of students in the new section should be appropriate with an exception for the remotely located centres where the number of children is less and there are no junior colleges in the nearby places around 10 kms.
c. Purchase procedure adopted by AEES various procurement is enclosed Annexure-B. d. The strength of students in each section is as follows:
Preparatory 25-30, Primary 30-35, Secondary 35-45 Senior Secondary 40-50.
4. It is not clear from the question for which class of AECS, Indore the information is sought. However, the list of students of class XI who opted Physical Education during 2010-11 at AECS, Indore is enclosed herewith as Annexure-C.
5. No such information available.
6. The required details as furnished by respective AEC Schools are enclosed in Annexure-D.
7. Required copies of correspondence/ Notings are enclosed in Annexure-E.
8. The approximate expenditure done on the salaries and perks of surplus teachers as furnished by respective heads of AEC Schools is enclosed in Annexure-F.
9. The approximate expenditure done on the salaries and perks of contract teachers appointed during 2009-2010 as furnished by respective heads of AEC Schools is enclosed in Annexure-G.
10. A letter dated 17/06/2009 was sent to all Chairmen LMCs and Heads of AEC Schools/JCs regarding effecting of administrative transfers of teaching staff for the academic year 2009-10 on need base. (Copy enclosed). During the year 2010-2011 also, based on the recommendations of Principal & Chairman, LMC of respective schools, the excess staff were transferred to the stations where vacancy exists. Heads of AECS, Hyderabad, Jaduguda, Tarapur and Rawatbhata were also advised by this office vide letter dated 30/06/2010 to affect local transfers by shifting excess teachers to another school at same centre where vacancy exists.
11. A statement showing requirement/vacancy position during the year 2009-2010 and 2010-2011 is enclosed as Annexure-I.
12. Information is not available.Page 2 of 3
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
FAA disposed off the appeal by directing the PIO to make available the information in respect of students who have opted Biology subject in AECS, Indore to the appellant latest by 15/12/2011.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Pramod S. Tanpure on vide conference from NIC-Hyderabad Studio; Respondent: Mr. P. Ramakrishnan, PIO & Chief Administrative Officer on video conference from NIC-
Mumbai Studio;
The PIO is directed to provide the information on query-1 since applicants ACRs cannot be denied to him on the grounds of Section 8(1)(j) claiming that he would invade his own privacy. No individual can invade his own privacy.
As regards query-02 the Respondent states that no instruction of the sort mentioned by the Appellant has been given to the Principal.
Decision:
The Appeal is allowed.
The PIO is directed to provide an attested copy of Appellant's ACR to him before 25 May 2012.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 27 April 2012 (In any correspondence on this decision, mention the complete decision number.)(PN) Page 3 of 3