Central Information Commission
Mr.Sanjeev Kapoor vs Ministry Of Power on 30 January, 2014
Central Information Commission
Room No. 306, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in
Case No. CIC/LS/A/2013/001691/SS
Dated: 30.01.2014
Name of Appellant : Shri Sanjeev Kapoor
Name of Respondent : N.T.P.C. Ltd.
Date of Hearing : 29.01.2014
ORDER
Shri Sanjeev Kapoor, hereinafter called the appellant, has filed the present appeal dated 2.7.2013 before the Commission against the respondent N.T.P.C. Ltd. for not providing requested information in response to his RTI-application dated 20.3.2013. The appellant was present whereas the respondent were represented by Shri M.K. Goyal, AGM, Shri Sandeep Sah, Manager and Shri G.R. Panwar, AGM (HR).
2. The appellant through his RTI application dated 20.3.2013 sought information on the following three queries: "(1) Seniority list and Seniority Rules (from1995 to 2012) for promotion duly approved by competent authority; (2) Complete DPC procedure duly approved by the competent authority and (3) Number of vacancies with the office order of competent authority for the years 1.7.1995, 1.1.1996, 1.1.2000, 1.1.2004, 1.7.2004, 1.7.2008, 1.7.2009 and1.7.2012 in which the applicant was also a candidate to be considered for promotion to next higher Grade/Post" The CPIO vide letter No. 01:CP:RTI-4996/2013 dated 29.4.2013 informed the appellant on Point No. 1 and 2 of the RTI application that Promotion Policy is available in NTPC Intranet and in reply to Point No. 3 the appellant was informed that the 2 Case No. CIC/LS/A/2013/001691/SS details/status in respect of number of vacancies for the concerned years could physically be inspected on any working day.
3. Aggrieved with the reply of the CPIO, the appellant filed first appeal on 7.5.2013 before the FAA. The FAA vide his order No. RTI-4996/AA dated 6.6.2013 concurred with the reply of the CPIO.
4. During the hearing the respondent CPIO states that the appellant was allowed inspection as sought for at Point No. (3) of his RTI application. However, he did not present himself for the inspection. In response to query No. (1 and 2) the appellant was informed that copy of promotion policy is available at NTPC's Intranet. The CPIO also produced a copy of NTPC's Policy regarding promotion of employees in workmen categories. Point No. 2.4 the said policy is reproduced below: "The seniority lists of the employees in various grades/channels will be prepared and updated from time to time by the concerned Personnel Department in accordance with the Rules framed for this purpose". On the other hand the appellant states that the information provided to him is only an extract from the NTPC's Policy on promotion, whereas he has asked for a copy of the Seniority List and Seniority Rules. The appellant submits that the Seniority List of employees is never circulated to the employees.
5. There is merit in the contention putforth by the appellant. The Commission is of the view that the appellant is entitled to know about the seniority rules and seniority list. The CPIO is hereby directed to provide categorical reply to the appellant about seniority list and seniority rules of NTPC. The CPIO will comply with the directions of the Commission within two weeks of receipt of this order.
(Sushma Singh) Chief Information Commissioner Authenticated true copy:
3 Case No. CIC/LS/A/2013/001691/SS(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/LS/A/2013/001691/SS Address of the parties:
Shri Sanjeev Kapoor, C-34, Dev Nagar, Gulab House, Opp. Kamal & Company, Tonk Road, Jaipur-302015 The CPIO, NTPC Limited, NTPC Bhawan, Scope Complex, 7, Institutional Area, Lodi Road, New Delhi-110003.
The ED to CMD /FAA NTPC Limited, NTPC Bhawan, Scope Complex, 7, Institutional Area, Lodi Road, New Delhi-110003.