Central Information Commission
Mr.C M Nimje vs Central Water And Power Research ... on 23 November, 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/A/2012/001013
Dated: 23.10.2012
Name of Appellant : Shri C.M. Nimje
Name of Respondent : Central Water and Power Research
Station, Pune.
Date of Hearing : 17.09.2012
ORDER
Shri C.M. Nimje, hereinafter called the appellant, has filed the present appeal dated 30.11.2011 before the Commission against the respondent Ministry of Water Resources, Central Water and Power Research Station (CWPRS), Pune for providing incomplete, false and unsatisfactory information in response to his RTI-application dated 8.7.2011. The matter came up for hearing on 17.09.2012. The appellant was absent whereas the respondent were represented by Shri R.K. Kamble, Joint Director.
2. The appellant has through his RTI application dated 8.7.2011 sought information on the following twenty three queries: "(1) Procedure to verify the caste certificate of Central Govt. Employees; (2) Attested copy of letter which had received to CWPRS, Pune on the basis of that every ST caste certificate was verified in the year 2005; (3) Attested copies of Circulars or orders of Central Government regarding caste Verification certificates which are verified in the year 2005; (4) Attested copies of Circulars or Orders of Central Government regarding caste verification of SC/ST/OBC; (5) Attested copy of age-relaxation 2 Case No. CIC/SS/A/2012/001013 certificate of SSC, Graduate Level Examination, 2011; (6) Attested copy of first page of service book of myself; (7) Attested copy of letter of Maharashtra Government regarding rules to verify the caste certificate through the Tribal Research and Training Instt. Pune which had received to CWPRS before August, 2010; (8) Attested copy of letter of Central Government regarding rules to verify the caste certificate through the Tribal Research and Training Instt, which had received to CWPRS before August, 2010; (9) Provide information regarding number of cases of verification of caste certificates after promotion as per rules' (10) Provide rules to apply direct recruitment through proper channel may be given. Attested copy of rules for non-accepting my application for NOC for ACIO-II/ Extractive Officer examination; (11) Attested cop of letter which is received from the Controller of Accounts, New Delhi requesting for extension of 4th year deputation period; (12) Attested copies of all correspondence regarding absorption of the post of Accountant in PAO, CWPRS and its reply after March 2010; (13) Attested copy of letter for extension of 4th year deputation period of Shri C.M. Nimje in PAO, CWPRS and its acknowledgement receipt or dispatch proof if any; (14) Attested copy of every LPC which is received from PAO, CWPRS after repatriated from the deputation; (15) Attested copy of letter for extension of 4th year deputation period of Shri A.S. Dabak, Accountant, PAO, CWPRS and his total length of service in PAO, CWPRS. (16) Attested copy of letter of CWPRS regarding transfer on deputation to PAO, CWPRS in respect of Smt. R. Vaidya, Accountant, PAO, CWPRS and Office Order of her relaxation from the OM No. AB-14017/89/2007-Est (RR) dated 1.1.2008 of DOPT; (17) All information may be given regarding number of employees recruited in PAO, CWPRS on deputation as well as loan basis; (18) Information regarding rules which is made for Shri C.M. Nimje only not for others may be given. The information regarding due date of my promotion as UDC and reasons may be given for delay for the same; (19) Attested copy of file noting of NOC regarding the application for ACIO-II/Executive examination; (20) Attested copies f every file noting of NOC for absorption of the post of Accountant, PAO, CWPRS; (21) Attested copy of file noting for the NOC of Smt. R. Vaidya for deputation in PAO, 3 Case No. CIC/SS/A/2012/001013 CWPRS; (22) Attested copy of rules for non-accepting of Vigilance Officer reports by Administration regarding Caste Verification; and (23) Attested copy of file noting f NOC for extension of 4th year deputation period in respect of Shri A.S. Dabak, Accountant, PAO, CWPRS.". The CPIO vide his letter No. 525/1/PIO-RTIA/2011/CWPRS-246/3508 dated 5.8.2011 replied to the appellant as follows: "Point No. 1, 4, 7, 8 and 10: the appellant was informed that information such as rules, orders, regulations, instructions, office memoranda etc. issued by GOI from time to time, is already available in the public domain as published documents; and is accessible to anybody who wishes to have them. Such information cannot be said to be held by a public authority within the meaning of "information" u/s 2(f) of the RTI Act. As such no information can be given; On Point No. 2, 3, 11, 13, 14, 19, 20 and 22, the appellant was informed that in respect of the items given under column 1, it is noted that the appellant has not explicitly specified the information required - by providing specific details such as: issued by which authority to whom, letter/OM/order number date of issue, etc - as required u/s 6(1) of the RTI Act; On Point No. 5, 6, 15, 16, 21 and 23 the appellant was informed that copies of the relevant documents, as required by him, are now available, the appellant was advised to pay the prescribed fee/charges of Rs. 12/-; On Point No. 9 stated as "Nil", on Point No. 12 and 17 The appellant was informed that the information requested does not pertain to CWPRS. He was advised to seek the requisite information from the relevant public authority, which in this case is understood to be the Office of the Pay & Accounts officer, CWPRS; and on Point No. 18 the appellant was informed that no separate rule exists. Hence the requisite information is nil." On payment of the requisite fee by the appellant the CPIO vide letter dated 16.8.2011 provided information to the appellant on Point No. 5, 6, 15, 16, 21 and 23 of the RTI application.
3. Aggrieved with the reply of the CPIO the appellant filed first appeal on 2.9.2011 before the FAA. The FAA vide his order No. 624/GS(1)/2011- Admn/1416 dated 23.9.2011 concurred with the reply of the CPIO. However, the 4 Case No. CIC/SS/A/2012/001013 appellant was advised to approach the CAO, CWPRS for inspection of all relevant files/documents/records, and for taking notes/extracts/copies as needed by the appellant.
4. In his written submissions dated 25.8.2012 filed before the Commission, the appellant states that information sought on Point Nos. 1, 4, 7, 8 and 10 have wrongly been denied to him. He submits that the scope of information that can be accessed under this Act is very wide. The words 'any material in any form' appearing in Section 2(f) it points to an exhaustive definition denoting all types of information in all forms. Hence, procedures, rules, orders, regulations, instructions, O.M. etc. are also information u/s 2(f) of the RTI Act. The MoWR has provided the procedure to verify the caste certificate of Central Government Employees. Hence, the respondent have given misleading information. The information sought at Point Nos. 2, 3, 11, 13, 14, 19, 20, 22 was wrongly denied. All the particulars of the information sought by him, has been specifically mentioned in the RTI application. The information sought at Point No. 12, 17 was wrongly rejected. The respondent have not implemented the provisions of Section 6(3) of the RTI Act. The information provided at Point 23 is wrong. The file noting given was not on extension of 4th year deputation. The fourth year deputation starts from 4.3.2011 and the Administration has not allowed for 4th year deputation to the appellant. Office order of Smt. Rajeshwari Vaidya for relaxation from DoPT's O.M. dated 1.1.2008 has not been provided to him as sought for at Point No. 16.
5. Having considered the submissions of the parties and perused the relevant documents on file, the Commission observes that in reply to the information requested at Pont No. 1, 4, 7, 8 and 10, the CPIO has only replied that the information is available in public domain, without specifying any details and without any mention of the specific documents, their number or date of issue. The CPIO is therefore hereby directed to provide specific information to the appellant about every rule, procedure, file notings on these points to the 5 Case No. CIC/SS/A/2012/001013 appellant and provide him copies of the same. At Point No. 2 the appellant has specifically asked on what basis every ST caste certificate was verified in the year 2005; at Point No. 3 the appellant sought copies of every ST caste certificate, which were verified in the year 2005. The CPIO is hereby directed to provide specific reply to Point No. 2 and 3 of the RTI application. The CPIO will provide requisite information to the appellant including the reasons and the rules and regulations on the basis of which the caste certificate are being verified and whether there is any precedent in this regard. The CPIO will comply with the directions of the Commission within two weeks of receipt of this order. The CPIO is also directed to transfer Point No.12 and 17 of the RTI application to the holder of information under the provisions of Section 6(3) of the RTI Act within five days of receipt of this order who would provide requisite information directly to the appellant.
The matter is disposed of with these directions/observations.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 6 Case No. CIC/SS/A/2012/001013 Address of the parties:
Shri C.M. Nimje, B-101, CWPRS Colony, Kirkatwadi, Khadakwasla, Pune-411024.
The CPIO, Ministry of Water Resources, Central Water and Power Research Station, Khadakwasla, Pune-411024.
The First Appellate Authority, Ministry of Water Resources, Central Water and Power Research Station, Khadakwasla, Pune-411024.