Central Information Commission
Nityananda Das vs Indian Council Of Agricultural ... on 15 December, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File No. CIC/ICARH/A/2020/669947
+ 9 other files(As per Annexure)
In the matter of:
Nityananda Das
... Appellant
VS
Central Public Information Officer
Indian Council of Agricultural Research (ICAR),
Krishi Bhawan,
New Delhi - 110001.
...Respondent
Date of Hearing : 14/12/2021 Date of Decision : 14/12/2021 The following were present: Appellant: Not present
Respondent: Pramod Kumar, Deputy Secretary and CPIO, present over VC at CIC File No. CIC/ICARH/A/2020/669947 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 06/11/2019 05/05/2020 11/12/2019 07/05/2020 06/05/2020 Information Sought:
The appellant has sought the following information:
1. Provide the date from which CCS (Revised) Pay Rules, 2016 became applicable for the scientists of ICAR.
2. Copy of the complete file noting wherein it was decided that CCS (Revised) Pay Rules, 2016 would be applicable for the scientists of ICAR.
3. Provide the date when it was decided that the Rules 6(2) of CCS (Revised) Pay Rules, 2016 (in respect of seeking option to accept the revised pay structure as Per 7th CPC) would be applicable for the scientists of ICAR.1
File No. CIC/ICARH/A/2020/670080 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 12/12/2019 07/05/2020 03/02/2020 08/05/2020 09/05/2020 Information Sought:
The appellant has sought the following information:
- Copy of the ICAR endorsement of relevant government rule / order / office memorandum etc. that is followed / referred while determining the date of next increment in respect of the pay of scientists working at ICAR Headquarter, especially after the implementation of the 7th CPC with effect from 01.01.2016.
File No. CIC/ICARH/A/2020/670488 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 11/11/2019 07/01/2020 12/12/2019 08/05/2020 13/05/2020 Information Sought:
The appellant has sought the following information:
1. Copy of the Office Order / Circular / Note etc. wherein it has been mentioned that the Non-Practicing Allowance (NPA) would be considered (as Pay) while revision of pension (as per recommendations of the 6th CPC) in respect of the ICAR veterinary scientists (drawing NPA before retirement) who retired before 01.01.2016.
2. Copy of the Office Order / Circular / Note etc. wherein it has been mentioned that the Non-Practicing Allowance (NPA) would be considered (as Pay) while revision of pension (as per recommendation of the 7th CPC) in respect of the ICAR veterinary scientists (drawing NPA before retirement) who retired on or after 01.01.2016.
3. Copy of the Office Order / Circular / Note etc. wherein it has been mentioned that the Non-Practicing Allowance (NPA) would be considered (as Pay) while revision of pension (as per recommendation of the 7th CPC) in respect of the ICAR veterinary Technical Officers (drawing NPA before retirement) who retired on or after 01.01.2016.
4. And other related information.2
File No. CIC/ICARH/A/2020/670687 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 19/03/2020 11/05/2020 03/05/2020 14/05/2020 15/05/2020 Information Sought:
The appellant has sought the following information:
1. Provide the date when the ICAR received the recommendations of the committee constituted under the Chairmanship of Dr. K. M. Bujarbaruah vide ICAR Office Order F. No. 1(10)/2018-Per.IV(Pt.) dated 03.01.2020.
2. Provide the date when the Personal Section, ICAR received the recommendation(s) of the said committee.
3. The details of the action taken till date by the Personal Section, ICAR on the recommendation(s) of the said Committee.
4. The date when the Finance Section of ICAR received the recommendation(s) of the said Committee.
5. And other related information.
File No. CIC/ICARH/A/2020/670998 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 01/11/2019 07/01/2020 01/12/2019 31/01/2020 19/05/2020 The appellant has sought the following information:
1. Entire correspondence (that has been / is being made in e-office and is produced / held in electronic form in ICAR computer during the period from 01.07.2019 to 01.11.2019) regarding pay fixation of scientists drawing Non- Practicing Allowance, NPA (which was examined by the Personnel - IV on 12.04.2019, thereafter the Director on Special Duty asked, the concerned officer on 22.04.2019 to discuss. Shri Pramod Kumar, US wrote on 01.07.2017 that he discussed with Director (SD) and Director (P) and advised the concerned officer to resubmit as discussed.
2. Complete details of the day to day action taken by both, Internal Finance Division and Personnel Division of ICAR, since 02.07.2019, in respect of examination of the matter regarding pay fixation of Scientists drawing NPA.
File No. CIC/ICARH/A/2020/671336 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 05/11/2019 07/01/2020 08/01/2020 08/05/2020 22/05/2020 3 Information Sought:
The appellant has sought the following information:
1. Copy of order for inclusion of Non - Practicing Allowance (NPA) for calculation of pension that was issued by the ICAR, with reference to 7th CPC, to be used while authorization of pension in respect of retired ICAR scientists.
2. Copy of order for inclusion of NPA for calculation of pension (issued by the ICAR, with reference to 6th CPC) that was used while authorization of pension in respect of ICAR scientists retired before 01.01.2016.
3. Copy of order for inclusion of NPA for calculation of pension that was issued by the ICAR, with reference to 7th CPC to be used while authorization of pension in respect of retired Technical staff, who were drawing NPA.
File No. CIC/ICARH/A/2020/682779 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 05/12/2019 05/05/2020 07/01/2020 13/08/2020 22/08/2020 Information Sought:
The appellant has sought the following information:
1. The designation of the competent authority at ICAR who decided that for payment of Non-Practicing Allowance (NPA) and its related Dearness Allowance to the scientists working at ICAR Headquarter, the ICAR O.O No. 1(1)/2018-Per. III dated July 24th, 2019 would be used / consulted/ referred by the ICAR Finance Officer(s) during the financial year 2019-20.
2. Certified copy of the complete file noting wherein the competent authority at ICAR, New Delhi decided that the ICAR O.O No. 1(1)/2018-Per. III dated July 24, 2019 would be used / consulted/ referred by the ICAR Finance Officer(s) for the payment of NPA and its related Dearness Allowance to the scientists working at ICAR Headquarter, New Delhi during the financial year 2019-20.
3. Certified copy of the complete file noting wherein the competent authority at ICAR, New Delhi decided that Department of Expenditures OM No. 1/1/2016-E-III(A) dated 26.07.2017, read with Department of Expenditure Resolution dated 06.07.2017 (as mentioned in the ICAR O.M. No. 1(10)/2018-
Per.IV dated 13 March 2019 on the subject: Revision of allowances of scientists of ICAR as per recommendation of the 7th CPC - reg.) would be used / consulted/ referred by the ICAR Finance Officer(s) for payment of the Family Planning Allowance (FAA), Fixed Medical Allowance (FMA), High Altitude 4 Allowance, House Rent Allowance (HRA) and Leave Travel Concession (LTC) etc. to the scientists working at ICAR Headquarter, New Delhi.
File No. CIC/ICARH/A/2020/683227 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 11/06/2020 28/07/2020 22/07/2020 13/08/2020 26/08/2020 Information Sought:
The appellant has sought the following information:
1. Provide the date when the Department of Pension and P.W issued O.M. No. 38/31/11-P&PW(A)(Vol.IV) dated 18 February, 2015, was received at ICAR Headquarter, New Delhi.
2. Provide date when the Department of Pension and P.W O.M. No. 38/31/11-
P&PW(A)(Vol.IV) dated 18 February, 2015 was uploaded on ICAR Website and e-office for information.
3. Copy of the endorsement letter issued in respect of the Department of Pension and P.W O.M. No. 38/31/11-P&PW(A)(Vol.IV) dated 18 February, 2015, (that was received at the ICAR, Delhi from Department of Pension and P.W.).
4. And other related information.
File No. CIC/ICARH/A/2020/683619 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 16/05/2020 28/07/2020 30/06/2020 13/08/2020 28/08/2020 Information Sought:
The appellant has sought the following information:
1. Copy of complete file noting where the competent authority at ICAR, New Delhi took the decision to constitute Dr. Bujarbaruah Committee and thereafter notified the constitution of the same vide ICAR Office Order F. No. 1(10)/2018-Per.IV(Pt.) dated 03.01.2020.
2. The name and designation of the officer at ICAR Headquarter who received the above mentioned Dr. Bujarbaruah Committee Report on 14.02.2020.
3. The name and designation of officer(s) at ICAR Headquarter who examined the recommendations given by Dr. Bujarbaruah Committee during the period from 14.02.2020 to 14.05.2020 (3 months).
4. And other related information.5
File No. CIC/ICARH/A/2020/683661 RTI Application CPIO Reply First Appeal FAA Order Second Appeal 17/05/2020 28/07/2020 21/07/2020 13/08/2020 29/08/2020 Information Sought:
The appellant has sought the following information:
1. Copy of the complete file noting (preferably in electronic form, if available in the ICAR computer) where the competent authority at ICAR Headquarter, New Delhi examined / processed the matter regarding the Non Practicing Allowance (NPA) for veterinary scientists during the period from 03.01.2019 to 11.05.2020.
2. Provide name and designation of the officer(s) at ICAR Headquarter, New Delhi, who examined / processed the matter regarding Non Practicing Allowance (NPA) for veterinary scientists during the period from 03.01.2019 to 11.05.2020.
3. Copies (preferably in electronic form if available in the ICAR computer) of all documents / records / reports / notes / letters etc., which were referred / mentioned / consulted while examining / processing the matter regarding NPA for veterinary scientists in the concerned file during the period from 03.01.2019 to 11.05.2020 at ICAR Headquarter, New Delhi.
Grounds for filing Second Appeals The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present before the CIC for hearing despite due service of notice on 27.11.2021 vide speed post acknowledgment no. ED800808457IN.
The CPIO submitted that suitable replies were given to the appellant in all the above-mentioned cases.
Case no. CIC/ICARH/A/2020/669947 Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 05.05.2020 replied to the applicant that although the information sought does not come under the purview of information, however, it was informed that pay 6 revision of scientists of ICAR has been done in terms of ICAR letter no.
1(4)/2017-Per.IV dated 27.03.2018 which is available on ICAR website www.icar.org.in. The information sought is in the form of queries and therefore does not come under the purview of Sec 2(f) of the RTI Act. The FAA vide order dated 07.05.2020 again replied and stated that the information sought does not come under the purview of information, however, it is informed that pay revision of Scientists of ICAR has been done in terms of ICAR letter no. 1(4)/2017-Per.IV dated 27.03.2018 which is available on ICAR website www.icar.org.in.
The CPIO vide written submissions dated 06.12.2021 submitted that a suitable reply was already given to the appellant. He further submitted that a large number of appeals/complaints submitted by the appellant were disposed of by the same bench on 29.06.2020 vide case no. CIC/IGFRI/C/2019/656382 etc. The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given.
Case no. CIC/ICARH/A/2020/670080 Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 07.05.2020 replied that the information sought is in the form of queries and therefore does not qualify as information as defined under section 2(f) of the RTI Act, 2005. The FAA vide order dated 08.05.2020 disposed of the first appeal and held that the information sought is in the form of queries and therefore does not qualify as information as defined u/s 2(f) of the RTI Act.
The CPIO vide written submissions dated 06.12.2021 submitted that a suitable reply was already given to the appellant. He further submitted that a large number of appeals/complaints submitted by the appellant were disposed of by the same bench on 29.06.2020 vide case no. CIC/IGFRI/C/2019/656382 etc. The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into 7 consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given.
Case no. CIC/ICARH/A/2020/670488 Observations:
The CPIO vide letter dated 07.01.2020 replied that the issues related to Non- Practicing Allowance are under consideration in the Council and the decision in the matter shall be communicated to all concerned in due course. The FAA also vide order dated 08.05.2020 disposed of the first appeal and reiterated the CPIO's reply.
The CPIO vide written submissions dated 06.12.2021 submitted that a suitable reply was already given to the appellant. He further submitted that large number of appeals/complaints submitted by the appellant were disposed of by the same bench on 29.06.2020 vide case no. CIC/IGFRI/C/2019/656382 etc. The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given. The CPIO was also asked during the hearing whether the final decision was taken by the Council and intimated to the appellant, to which he submitted that on 08.11.2021 the matter was referred to the Ministry of Finance for approval and is pending with the Ministry.
Case no. CIC/ICARH/A/2020/670687 Observations:
Based on a perusal of the record it was noted that the CPIO replied that Dr. Bujarbaruah Committee submitted its recommendations on 14.02.2020 and the matter regarding Non-practicing Allowance is under process / consideration in the Council.
The applicant has been informed on 11.05.2020 that Dr. Bujarbaruah Committee submitted their recommendations on 14.02.2020 and the matter regarding Non-practicing Allowance is under process / consideration in the Council.
The CPIO vide written submissions dated 06.12.2021 submitted that a suitable reply was already given to the appellant. He further submitted that a large 8 number of appeals/complaints submitted by the appellant were disposed of by the same bench on 29.06.2020 vide case no. CIC/IGFRI/C/2019/656382 etc. The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given.
Case no. 7 CIC/ICARH/A/2020/670998 The CPIO vide letter dated 07.01.2020 replied that the issues related to Non- Practicing Allowance are under consideration in the Council and the decision in the matter shall be communicated to all concerned in due course. The FAA also vide order dated 31.01.2020 disposed of the first appeal and reiterated the CPIO's reply.
The CPIO vide written submissions dated 06.12.2021 submitted that a suitable reply was already given to the appellant. He further submitted that a large number of appeals/complaints submitted by the appellant were disposed of by the same bench on 29.06.2020 vide case no. CIC/IGFRI/C/2019/656382 etc. The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given. The CPIO was also asked whether the final decision was taken by the Council and intimated to the appellant, to which he submitted that on 08.11.2021 the matter was referred to Ministry of Finance for approval and is pending with the Ministry.
Case no. CIC/ICARH/A/2020/671336 The CPIO vide letter dated 07.01.2020 replied that the issues related to Non- Practicing Allowance are under consideration in the Council and the decision in the matter shall be communicated to all concerned in due course. The FAA also vide order dated 08.05.2020 disposed of the first appeal and reiterated the CPIO's reply.
The CPIO vide written submissions dated 06.12.2021 submitted that a suitable reply was already given to the appellant. He further submitted that a large 9 number of appeals/complaints submitted by the appellant were disposed of by the same bench on 29.06.2020 vide case no. CIC/IGFRI/C/2019/656382 etc. The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given. The CPIO was also asked whether the final decision was taken by the Council and intimated to the appellant, to which he submitted that on 08.11.2021 the matter was referred to Ministry of Finance for approval and is pending with the Ministry.
Case no. CIC/ICARH/A/2020/682779 Based on a perusal of the record, it was noted that the CPIO vide letter dated 05.05.2020 replied that the information sought is in the form of queries and therefore does not come under the purview of Sec 2(f) of the RTI Act. He however, informed that the matter regarding non-practising allowance is still under process in the Council.
The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given. The CPIO was also asked whether the final decision was taken by the Council and intimated to the appellant, to which he submitted that on 08.11.2021 the matter was referred to Ministry of Finance for approval and is pending with the Ministry.
Case no. CIC/ICARH/A/2020/683227 Based on a perusal of the record, it was noted that the CPIO vide letter dated 28.07.2020 referred to CIC decision dated 29.06.2020 with reference to his RTI application to NPA. In the above context, it is informed that the matter relating to NPA is under consideration / process.
The appellant was not satisfied with the reply and had filed a first appeal. The FAA vide order dated 13.08.2020 held that the applicant has been informed by the CPIO on 28.07.2020 to refer to CIC decision dated 29.6.2020 with reference to his RTI applications relating to NPA.
10The CPIO vide written submissions dated 06.12.2021 submitted that a suitable reply was already given to the appellant. He further submitted that a large number of appeals/complaints submitted by the appellant were disposed of by the same bench on 29.06.2020 vide case no. CIC/IGFRI/C/2019/656382 etc. The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given. The CPIO was also asked whether the final decision was taken by the Council and intimated to the appellant, to which he submitted that on 08.11.2021 the matter was referred to Ministry of Finance for approval and is pending with the Ministry.
Case no. CIC/ICARH/A/2020/683619 Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 28.07.2020 referred to CIC decision dated 29.06.2020 with reference to his RTI application to NPA. In the above context, it is informed that the matter relating to NPA is all under consideration / process.
The appellant was not satisfied with the reply and had filed a first appeal. The FAA vide order dated 13.08.2020 held that the applicant has been informed by the CPIO on 28.07.2020 to refer to CIC decision dated 29.06.2020 with reference to his RTI applications relating to NPA. The CPIO vide written submissions dated 06.12.2021 submitted that a suitable reply was already given to the appellant. He further submitted that a large number of appeals/complaints submitted by the appellant were disposed of by the same bench on 29.06.2020 vide case no. CIC/IGFRI/C/2019/656382 etc. The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given. Case no. CIC/ICARH/A/2020/683661 Observations:
11Based on a perusal of the record, it was noted that the CPIO vide letter dated 28.07.2020 referred to CIC decision dated 29.06.2020 with reference to his RTI application to NPA. In the above context, it is informed that the matter relating to NPA is under consideration / process.
The appellant was not satisfied with the reply and had filed a first appeal. The FAA vide order dated 13.08.2020 held that the applicant has been informed by the CPIO on 28.07.2020 to refer to CIC decision dated 29.06.2020 with reference to his RTI applications relating to NPA. The CPIO vide written submissions dated 06.12.2021 submitted that a suitable reply was already given to the appellant. He further submitted that a large number of appeals/complaints submitted by the appellant were disposed of by the same bench on 29.06.2020 vide case no. CIC/IGFRI/C/2019/656382 etc. The Commission observed that the appellant is in the habit of filing repeated RTI applications seeking similar information. On 29.06.2020 also his 37 complaints were disposed of by this bench. Therefore, taking into consideration the CPIO's plea, the Commission could not find any deficiency in the reply given. Moreover, the appellant had not availed of the opportunity to plead his case or to point out the deficiency in the reply given.
Decision:
In view of the above observations, in all the 10 appeal cases, the Commission finds no flaw in the respondent's reply. Moreover, the appellant failed to attend the CIC hearing to plead his case, hence, no action lies.
The appeals are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 12 011- 26182594 / दनांक / Date Annexure S. No. File No.
1. CIC/ICARH/A/2020/669947
2. CIC/ICARH/A/2020/670080
3. CIC/ICARH/A/2020/670488
4. CIC/ICARH/A/2020/670687
5. CIC/ICARH/A/2020/670998
6. CIC/ICARH/A/2020/671336
7. CIC/ICARH/A/2020/682779
8. CIC/ICARH/A/2020/683227
9. CIC/ICARH/A/2020/683619
10. CIC/ICARH/A/2020/683661 13