Central Information Commission
Mr.Himanshusingh vs Department Of Industrial Policy And ... on 12 October, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/C/2012/900262
Dated: 12.10.2012
Name of Appellant : Shri Himanshu Singh
Name of Respondent : Ministry of Commerce & Industry,
Deptt. of Industrial Policy & Promotion
Date of Hearing : 11.10.2012
ORDER
Shri Himanshu Singh, hereinafter called the appellant has filed the present complaint dated 1.9.2011 before the Commission against the respondent Ministry of Commerce & Industry, Department of Industrial Policy & Promotion (DIPP), New Delhi for providing misleading information in reply to his RTI-application dated 14.6.2011. The matter came up for hearing on 11.10.2012. The appellant was absent whereas the respondent were represented by Shri Gopal Prasad, Deputy Secretary and Shri Naveen Kumar, Assistant. .
2. The appellant has filed an application dated 14.6.2011 under the provisions of the RTI Act, in which he sought information on the following nine queries: "(1) Howe DIPP is associated with NPC and vice versa, in conducting One year Training Programme at Dr. Ambedkar Institute of Productivity (AIP) training wing of National Productivity Council (NPC); (2) What was the role played by DIPP in conducting this programme; (3) Provide the names of various officers with their designation and department concerned, which have given permission to launch this One Year Programme; (4) Is DIPP aware of any 2 Case No. CIC/SS/C/2012/900262 Advertisement published in context of this One Year Training Programme conducted at AIP-NPC in 2009-10; (5) According to letter issued by NPC, Document No. AIP/PG-ENV/09-10 under pt. 3 placement was clearly mentioned that "on successful completion of the training, you will be absorbed as Assistant Director in the pay scale of Rs. 15600-39100 with GP of Rs. 5400 as per merit list and depending upon vacancies in NPC; (6)Has NPC sent any list of candidates (who have successfully completed their One Year Training Programme on 12.11.2010 to DIPP for any approval regarding absorption; (7) If answer to above question is yes, then please provide the list; (8) What DIPP is assuming regarding the status of candidates who have successfully completed their Training Programme during 2009-10; and (9) Is this status, as discussed above equivalent to an Assistant Director under NPC for which this One Year Training Programme was conducted at AIP-NPC in 2009-10, if yes then how." The CPIO vide letter No. 15(39)/2010-UNIDO dated 5.7.2011 provided point-wise reply to the appellant.
3. The main contention is regarding Point No. 6 and 7 of the aforementioned RTI application. The appellant in complaint states that DIPP had replied that the NPC has not provided any list since absorption protocol has not been initiated due to severe budgetary constraints. However, when this was asked from NPC whether NPC had sent any list of candidates who have successfully completed their one year PG Course (2009/2010) under merit, conducted by AIP) to DIPP and/or other authorities, Government bodies, Ministries or Departments for approval to recruit them as Assistant Director in NPC, the NPC had replied that the aforesaid list has been sent to DIPP. On what grounds, therefore, it should not be considered that DIPP had not misguided the appellant, since the DIPP had clearly replied that NPC had not sent any list for approval.
4. During the hearing the respondent submit that the appellant's RTI application dated 14.6.2011 has been replied to by the CPIO vide letter dated 5.7.2011. The fact is that no such list of candidates has been received by this 3 Case No. CIC/SS/C/2012/900262 Department for approval to recruit them as Assistant Director in NPC, nor is it within the purview of the DIPP to make any such direct recruitment. With respect to the RTI reply dated 3.8.2011 of the NPC that the aforesaid list has been sent to DIPP, NPC has been warned vide DIPP's letter dated 12.1.2012 that no such list of candidates has been received by DIPP till date nor has any approval whatsoever given by the DIPP in this regard and also that CPIO/FAA, NPC should have provided correct information to the appellant concerned. In response to this the NPC have vide their letter dated 2.2.2012 submitted that their affirmation to the above query was erroneous due to inadvertence. No such letter was sent along with the list for absorption either to DIPP or to any other Department or Ministry. Thus the statement of the appellant that DIPP had misguided the appellant and false information has been provided is not correct. The complaint filed by the appellant is liable to be dismissed, in so far as DIPP is concerned.
5. The Commission, in an identical appeal filed by the appellant's mother Smt. Suman Rani Singh against National Productivity Council (NPC) in case No. CIC/SS/A/2012/901233, had, vide its order dated 9.8.2012 observed that the FAA, NPC vide his order No. AIP Trainees 2009/2012 dated 2.2.2012 has clarified that "the respondent's affirmation to the above query was erroneous due to inadvertence. No such letter was sent along with the list for absorption either to DIPP or to any other Department or Ministry. The inconvenience caused if any, was deeply regretted."
6. In view of the aforementioned facts, the Commission is of the view that requisite information as per record and permissible under the RTI Act has been provided by the CPIO, DIPP to the appellant. The Commission vide its order dated 9.8.2012 in case No. CIC/SS/A/2012/901233 in the matter of Suman Rani Singh Vs. NPC has already decided an identical appeal filed by the appellant's mother. The Commission finds no reason to disagree with the reply of the CPIO, DIPP.
4 Case No. CIC/SS/C/2012/900262The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Himanshu Singh, C-110, Nanakpura, New Delhi-110021.
The CPIO, Ministry of Commerce & Industry, Department of Industrial Policy & Promotion, UNIDO Section, \Udyog Bhavan, New Delhi-110001.