Central Information Commission
Om Prakash Sharma vs Ministry Of Cooperation on 12 February, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos: CIC/MOCOP/A/2023/140929 and
CIC/MOCOP/A/2023/139678
Om Prakash Sharma .....अपीलकता/Appellant
VERSUS
बनाम
1. CPIO,
National Council for Cooperative
Training, 3, Siri Institutional Area,
August Kranti Marg, Hauz Khas,
New Delhi - 110016
2. CPIO,
O/O THE CPIO MINISTRY OF COOPERATION
National Council for Cooperative
Training, 3, Siri Institutional Area,
August Kranti Marg, Hauz Khas,
New Delhi - 110016 .... ितवादीगण /Respondent
Date of Hearing : 27.01.2025
Date of Decision : 11.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant is
common and subject-matter is similar in nature and hence are being disposed
of through a common order.
CIC/MOCOP/A/2023/140929
Page 1 of 13
Relevant facts emerging from appeal:
RTI application filed on : 18.02.2023
CPIO replied on : 14.06.2023
First appeal filed on : 14.07.2023
First Appellate Authority's order : 14.08.2023
2nd Appeal/Complaint dated : 09.10.2023
Information sought:
The Appellant filed an RTI application (offline) dated 18.02.2023 seeking the following information:
"1. Attested copy of all pages of Memorandum of Association of NCCT.
2. Attested copy of all pages of Financial Bylaws of NCCT duly approved by Internal Finance Division of Ministry of Agriculture/Ministry of Cooperation, Govt. Of India.
3. A copy of the approval letter of Ministry of Agriculture/Ministry of cooperation for approving Financial Bylaws of NCCT.
4. Attested copy of all pages of Service Bylaws of NCCT duly approved by DOPT/Ministry of Agriculture/Ministry of Cooperative Govt. Of India.
5. A copy of the approval letter from Ministry of Agriculture/Ministry of Cooperation/DOPT to approve Service Bylaws of NCCT.
6. Copies of the office orders/notifications/circulars issued by NCCT for adoption of Service Bylaws and Financial Bylaws after its approval from DOPT/Administrative Ministry of Govt. Of India.
7. Copy of all pages of agenda notes of item No. 21 (Additional Agenda No. 1) of the Governing Council meeting held on 06.06.2018 pertaining to Absorption of services of Shri Mohan Kumar Mishra in the post of Secretary NCCT.
8. A copy of the NCCT letter No. 29/5/GC/2018-Admn. dated 11.06.2018 to Ministry of Agriculture, Govt. Of India regarding appointment of Sh. M.K. Mishra as Secretary NCCT on absorption basis.Page 2 of 13
9. A copy of the office order for appointment of Sh. M.K. Mishra on the post of Secretary NCCT on absorption basis.
10. A copy of the joining report submitted by Sh. M.K. Mishra to the post of Secretary NCCT on absorption basis.
11. An attested copy of letter No. L-11012/4/2007-CET dated 18.07.2016 from Ministry of Agriculture and Farmer Welfare addressed to NCCT regarding review of SR & P Rules, 2013 of NCCT.
12. Attested copies of all pages of the review report of the constituted committee/consultancy agency with a forwarding letter from NCCT addressed to the Ministry of Agriculture in compliance to point 11 above.
13. Copies of all pages of noting of the proposal prepared by NCCT to pay terminal benefits of Mr. Mohan Kumar Mishra Secretary, out of Training & Development Fund of NCCT, for his past service in NCUI.
14. Copies of all letters written by NCCT to Ministries of Agriculture/Ministry of Cooperation Govt. Of India to seek permission for payment of terminal benefits to Mr. Mohan Kumar Mishra Secretary NCCT out of Training & Development Fund for his past service rendered in NCUI.
15. Copies of approval granted by Ministry of Agriculture/Ministry of Cooperation and other correspondence to permit NCCT to pay terminal benefits of Mr. Mohan Kumar Mishra Secretary out of Training & Development Fund for his past service in NCUI.
16. Please inform if the TDF rules, in force, provide for meeting the expenses regarding proportional terminal benefits of any employee/appointee for his past service with the other employer.
16 (a) If so, please provide the copy of exact rule in this regard."
The CPIO furnished a reply to the Appellant on 14.06.2023 stating as under:
"1. Copy of Memorandum of Association of NCCT is enclosed. at Annexure-1
2. Copy of Financial Bylaws of NCCT approved by Ministry of Agriculture Govt. of India is enclosed at Annexure-11 Page 3 of 13
3. Copy of letter of Ministry of Agriculture/Ministry Cooperation for of approving Financial Bylaws of NCCT is enclosed at Annexure-III
4. No Service Bylaws are available with the PIO.
5. No such information pertaining to approval with regard to Service Bylaws is available with the PIO.
6. No copy of such Office orders/ notifications/circulars issued by NCCT for adoption of Service Bylaws and Financial Bylaws are available with PIO.
7. Under Section 8 (1)(j) of RTI Act, 2005 disclosure of 'personal information' is exempted.
8. Under Section 8 (1)(j) of RTI Act, 2005 disclosure of personal information' is exempted
9. Under Section 8 (1)(j) of RTI Act, 2005 disclosure of personal information is exempted.
10. Under Section 8 (1)(j) of RTI Act 2005 disclosure of personal information is exempted.
11. Copy of letter No. 11012/4/2007-CET L dated 18.07.2016 from Ministry of Agriculture and Farmer Welfare is enclosed at Annexure-IV.
12. No such information is available with the PIO.
13. Under Section 8 (1)(j) of RTI Act, 2005 disclosure of 'personal information' in exempted
14. Under Section 8 (1)(j) of RTI Act, 2005 disclosure of personal information' is exempted
15. Under Section 8 (1)(j) of RTI Act, 2005 disclosure of personal information is exempted.
16 & 16(a). No such information is available with the PIO. Only such information which already exists and is held by the PMO or held under the control of the public authority can be supplied under the RTI Act."
Being dissatisfied, the appellant filed a First Appeal dated 14.07.2023. The FAA vide its order dated 14.08.2023, held as under.
"1. It is observed that the PIO vide his letter dated 14.06.2023 has furnished information rightly in response to the RTI query of the appellant at Point No. 1,2, 3 and 11 as the same was available under his custody. He further informed that appellant in respect of query No. 4,5,6,12,16 and 16 (a) that no such information is available. Therefore, the allegation of the appellant that the information was denied is not sustainable.
2. Pertaining to the information furnished by the PIO in response to RTI query at 7,8,9,10,13, 14 and 15 that the disclosure of such personal Page 4 of 13 information under Section 8(1)(i) of RTI Act, 2005 is exempted, has been found to be justified and sustainable. As per DOPT guidelines and the decisions of the Hon'ble CIC in a number of cases, the RTI applicant is required to establish how such information pertaining to an employee has any relationship to any greater public interest. On the other hand, the disclosure of such personal information would cause unwarranted invasion of the privacy of that individual. It is noticed that the appellant, who is an ex-employee of the NCCT and a pensioner is found to be more interested to know about Shri Mohan Kumar Mishra, in person than anything else. Therefore, the contention of the appellant is not sustainable."
CIC/MOCOP/A/2023/139678 Relevant facts emerging from appeal:
RTI application filed on : 11.01.2023 CPIO replied on : 14.06.2023 First appeal filed on : 17.07.2023
First Appellate Authority's order : 08.08.2023 2nd Appeal/Complaint dated : 26.09.2023 Information sought:
The Appellant filed an RTI application (offline) dated 11.01.2023 seeking the following information:
"1. Copy of the advertisements and list of candidates who applied for the post of Secretary NCCT in response to each advertisement during the period January 2012 till date.
2. Copy of the notifications issued by the Ministry of Agriculture/ Ministry of Cooperation regarding constitution of Selection Committee for recruitment of Secretary NCCT in the year 2012 and onwards till date.
3. Attested copy of the recommendation of Selection Committee for selection of Mr. Mohan Kumar Mishra as Secretary NCCT.
4. Copies of Appointment orders, with terms of reference, issued to Mr. Mohan Kumar Mishra for appointment as Secretary NCCT between January 2012 to December 2022.
5. A copy of the relieving order, containing terms and conditions of deputation, in respect of Mr. Mohan Kumar Mishra Ex-Executive Director NCUI for his deputation as Secretary NCCT in the year 2012.Page 5 of 13
Please inform whether Mr. Mohan Kumar Mishra was repatriated back to NCUI after completion of tenure of deputation at NCCT.
7. If Mohan Kumar Mishra was not repatriated back to NCUI, please inform if NCUI had ever granted the permission/NOC for his extension in deputation period at NCCT.
8. Attested copies of above said permission/NOC be supplied.
9. (a) Please inform if Mr. Mohan Kumar Mishra has been absorbed in NCCT.
(b) If absorbed, please supply copy of relieving order issued by NCUI for joining of Mr. Mohan Kumar Mishra as Secretary NCCT on absorption basis.
(c) Please inform whether Mr. Mohan Kumar Mishra was relieved by NCUI upon submission of resignation/termination on his absorption in NCCT.
10. Please provide copies of the following documents:
(a) Copy of Order of acceptance of resignation of Mr. Mohan Kumar Mishra by NCUI forwarded to NCCT.
(b) Copy of the order of termination of services of Mr. Mohan Kumar Mishra by NCUI (if any) forwarded to NCCT.
11.Also, please provide copies of following documents:
(a) Order, with all terms & conditions, issued by NCCT for absorption of Mr. Mohan Kumar Mishra as Secretary NCCT.
(b) Copy of approval/order of Ministry of Agriculture/Ministry of Cooperation, Govt. of India for absorption of Mr. Mohan Kumar Mishra as Secretary NCCT.
(c) Copy of the Agenda notes and proceedings of Executive Council for approving the absorption of Mr. Mohan Kumar Mishra as Secretary NCCT.
(d) Copy of the Agenda notes and proceeding of Governing Body Meeting of NCCT approving absorption of Mr. Mohan Kumar Mishra Secretary NCCT.
12. Please provide copy of Service, Recruitment and Promotion rules of NCCT approved by Govt in 2013.
13. Please provide copies of any amendments, approved by Govt, made in above mentioned Service rules of NCCT 2013 till 06.06.2018.
14. Please inform whether past services of Mr. Mohan Kumar Mishra at NCUT have been counted as qualifying service at NCCT. In this regard, please supply the following documents:
i) Copy of the order issued by NCCT for counting of past service of Mr. Mohan Kumar Mishra.
ii) Copy of the order of sanctioning of proportionate service benefits to Mr. Mohan Kumar Mishra i.e. Pension contribution, Gratuity Page 6 of 13 contribution, Leave Salary contribution, GPF and others by NCUI as communicated to NCCT.
15. A copy of the concurrence/clearance of DOPT for absorption of Mr. Mohan Kumar Mishra as Secretary NCCT in June 2018.
16. A copy of the concurrence/clearance of DOPT for extension of deputation period of Mr. Mohan Kumar Mishra beyond five years after 21.10.2017.
17. Copies of the NCCT's proposals/letters to Ministry of Agriculture/DOPT to seek concurrence/approvals of DOPT, Govt of India for extension of deputation of more than 5 years in 2017 and for absorption in NCCT service in 2018.
18. Please permit Dr. O.P. Sharma Advocate to physically inspect all the above-mentioned record of Mr. Mohan Kumar Mishra. Please intimate the documentation charges of above record."
The CPIO furnished a reply to the Appellant on 14.06.2023 stating as under:
"1. There is ambiguity in seeking information. No such information is available in this office.
2. No such information is available in this office.
3. No such information is available in this office.
4. There is ambiguity in the information seeking. It needs clarity.
5. The information sought for relates to 'personal information' of an employee and as such disclosure of the information has no relationship to any public activity or public interest. Under Section 8 (1)(j) of RTI Act, 2005 disclosure of 'personal information' is exempted.
6. No such information is available with the office of Public Information Officer.
7. No such information is available in this office.
8. No such Information is available in this office.
9. No such information is available with the office of Public Information Officer, The PIO is not supposed to create information or to solve the problems raised by the applicant or to furnish replies to hypothetical questions.
10. No such information is available with the office of Public Information Officer. The PIO is not supposed to create information or to solve the problems raised by the applicant or to furnish replies to hypothetical questions.
11(a). Under Section 8(1)(j) of RTI Act 2005 disclosure of 'personal information' is exempted.
11(b). Under Section 8(1)(j) of RTI Act, 2005 disclosure of personal information is exempted.Page 7 of 13
11(c). No such information is available in this office. 11(d). No such information is available in this office.
12. The Service, Recruitment and Promotion Rules are available on the NCCT website la. www.ncct.ac. under suo-moto disclosure of information.
13. No such information is available with the office of Public Information Officer.
14(a). No such formation is available in this office.
14)b). No such information is available in this office.
15. No such information is available with PIO
16. No such information is available with PIO
17. No such information in available with the PIO
18. There is no question of inspection when the information is not available or cannot be supplied as 8(1)) of RTI Act, 2005. per Section"
Being dissatisfied, the appellant filed a First Appeal dated 17.07.2023. The FAA vide its order dated 08.08.2023, held as under.
"1. The main contention of the appellant is that the denial of information by the PIO on the ground of Section 8 (1)(j) of the RTI Act, 2005 is not applicable in the case and therefore the has prayed to direct the PIO to furnish information.
2. The contention of the appellant are perused in the light of the guidelines issued by the DOPT, the nodal Ministry of the Govt. of India on the matter and the decisions made by Hon'ble CIC in many previous cases. It is now settled matter that unless it involves a larger public interest and the PIO or the Appellate Authority is satisfied that larger public interest justifies the disclosure of such information, the same cannot be disclosed under Section 8(1)(j) of the Act. It is observed that the appellant has not submitted any relevant point/issue justifying Bonafide public interest in support of disclosure of the information, he has sought, the disclosure of which is not permitted under Section 8 (1)
(j) of the RTI Act, 2005. Besides it is noticed that the appellant has shown his personal interest more on the information of Shri Mohan Kumar Mishra than anything else, which can be construed to cause unwarranted invasion of privacy of the individual and disclosure of such information is not permitted under Section 8(1)(j) of the Act.
3. It is also noticed that the appellant has sought some information on issuance of some orders issued by some other organization and insisting that the PIO of NCCT to furnish the said information, despite the reply of Page 8 of 13 the PIO that such information is not in his possession. Under such situation it is for the appellant to seek such information from the concerned organization, instead of agitating the same in his present First Appeal.
4. On examination of the first appeal and the facts presented by the PIO, NCCT, it is evident that there is no willful denial of information as alleged by the appellant. The appeal is accordingly disposed of."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Shri Manish Bhatia, Deputy Director (PERS)/CPIO, appeared in person.
The respondent while defending their case inter alia submitted that they had provided pointwise reply to the appellant wherein information permissible under the provisions of the RTI Act has been provided vide letters dated 14.06.2023 and 14.08.2023.
The respondent submitted that they had filed detailed written submission on dated 21.01.2025 disclosing complete facts of the case and requested the Commission to place the same on record, a copy of the same was sent to the appellant. The relevant paras of the written submission are reproduced as under:
With reference to the Notice No. CIC/MOCOP/A/2023/140929 and CIC/MOCOP/A/2023/139678 dated 10.01.2025 in the matter of Om Prakash Vs CPIO, Ministry of Cooperation (NCCT), filed by Shri Om Prakash, ex-employee of NCCT under Section 19(3) of RTI Act, 2005, it is submitted that the appellant-RTI applicant vide his RTI application dated 18-02-2023 sought information which pertains to the period as old as 2012. Normally the files which contain such information belong to Class 'C' category under classification of files for the purpose of retention of records. As per Manual of Office Procedure issued by the Deptt of APRG and as followed in the Union Ministries/Deptts, the retention period of Class 'C' files is up to a maximum of ten years.Page 9 of 13
2. The following written submissions are furnished in the form of para wise reply/response to the Second Appeal including the grounds of appeal filed by the aforesaid appellant.
BREIF FACTS ABOUT THE APPELLANT Shri Om Prakash Sharma, a retired Hindi Stenographer w.e.f. 30.06.2021 is a pensioner of NCCT.
RTI application dated 11.01.2023 Reply sent by the CPIO on 14.06.2023 18.02.2023 submitted by Shri Om Prakash Sharma, Mohali (Punjab) 1st Appeal dated 14.07.2023 submitted Order of 1st Appeal sent by the First by Shri Om Prakash Sharma, Mohali Appellant Authority on 08.08.2023 and (Punjab) 14.08.2023.
Application of 2nd Appeals preferred by Notice from Central Information Shri Om Prakash Sharma, Mohali Commission is fixed for hearing on 27- (Punjab) on 23.09.2023 and 03.10.2023. 01-2025 at 12:25PM.
5 Mr. Mohan Kumar Mishra has placed an No specific information is agenda item in the Executive Council referred in this Para. The Meeting of 08.12.2022 to count his pas RTI platform is not meant service of NCUI into NCCT Service, which is for grievance redressal, unlawful and absolutely on wrong footing hence, outside the purview as he has not been issued any NOC nor been of RTI Act 2005. paid terminal benefits of the past service by NCUI. So, question of his counting of past service does arise at all.
6 Letter No. NCUI/Pers/MKM/7/2018 dated No specific information is 04.07.2018 by NCUI to Shri S.K. Pattnayak, referred in this Para. The Secretary, Govt. of India, Ministry of RTI platform is not meant Agriculture clearly confirms all the facts for grievance redressal, stated above (Copy enclosed). hence, outside the purview of RTI Act 2005.
7 Therefore, the procurement of all desired No specific information is information is must to apprise Ministry of referred in this Para. The Cooperation, Govt of India about the mala RTI platform is not meant fide intention of Mr. Mohan Kumar Mishra for grievance redressal, for cleverly siphoning off funds of NCCT. hence, outside the purview of RTI Act 2005 Page 10 of 13
8. He is liable to be prosecuted under Reply to Para 8 & 9 is as following Sections of IPC by CBI: under:
Section Remarks No specific information is 119 Public servant concealing referred in this Para. The design to commit offence RTI platform is not meant 120 B Criminal Conspiracy for grievance redressal, hence, outside the purview of RTI Act 2005.
409 Criminal breach of trust by public servant 420 Cheating and inducing.
dishonestly 425 Mischief 463 Forgery 464 Making a false document.
468 Forgery for purpose of cheating 471 Using a genuine a forged document.
10 d) All in formation demanded about Counte selection, relieving from NCUI, NOC from NCUI, Office-orders issued by NCCT/NCUI, in respect of service of Mr. Mohan Kumar Mishra are open to everybody in the Organization and other citizens of India and never covered under section 8(1)(j) of RTI Act, 2005.
(e) The information sought is neither confidential nor against any kind of public/personal interest of any person.
(f) NCCT, a public sector autonomous institution of Ministry of Cooperation serves the nation with its dedicated and Page 11 of 13 committed employees. So, the information about the service matters of its Chief Executive Officer cannot be denied.
(g) The CPIO has to apply mind and give reasons as to why the information sought is considered against the privacy of an individual or against the larger public interest which dictates non-disclosure of information.
(h) Article 19(1). (a) of the Constitution of India guarantees 'Right to Know' to all its citizens. It states :-
"All citizens shall have the right to freedom of speech and expression. For proper enjoyment of freedom of speech and expression, it is imperative that correct information is available to the citizens."
(i) i) The RTI Act provides that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person
5. In view of the submission made in the Para-wise reply above, it is submitted that Second appeal of the appellant is not sustainable.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, noted that point-wise reply has been given by the respondent vide letters dated 14.06.2023, 08.08.2023 and 14.08.2023. The respondent submitted that information permissible under the RTI Act has been provided to the appellant whereas personal information of the employee Shri M.K. Mishra was denied under section 8 (1) (j) of the RTI Act. The appellant neither in his RTI application nor in the first appeal nor in the second appeal established any larger public interest warranting the disclosure of information.Page 12 of 13
The respondent has filed detailed written submissions dated 21.01.2025, disclosing completing facts of the case and also clarified the issues raised by the appellant in his second appeals, contents of the same were reproduced in the above paras and copies of which were marked to the appellant. The appellant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the respondent and further agitate the matter.
In view of the above, the Commission finds that appropriate replies have been given by the respondents and intervention of the Commission is not warranted in these matters.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, National Council for Cooperative Training, 3, Siri Institutional Area, August Kranti Marg, Hauz Khas, New Delhi - 110016 Page 13 of 13 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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