Central Information Commission
C M Nimje vs Central Water And Power Research ... on 12 December, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CWPRS/A/2024/625204
C M Nimje .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Central Water and Power
Research Station(M/o. Jal
Shakti), Khadakwasla RS PO,
Sinhagad Road, Pune-411024
(Maharashtra). .... ितवादीगण /Respondent
Date of Hearing : 09.12.2025
Date of Decision : 11.12.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 27.01.2024
CPIO replied on : 24.02.2024
First appeal filed on : 21.03.2024
First Appellate Authority's order : 12.04.2024
2nd Appeal/Complaint dated : 11.06.2024
Information sought:
1. The Appellant filed an RTI application dated 27.01.2024 (online) seeking the following information:CIC/CWPRS/A/2024/625204 Page 1 of 8
"1) Kindly provide the inspection of all my promotional correspondence records / all my promotional concerned files and concerned certified copies for repeated clarification after the same subject clarified by DoPT under OM No 36012/12/2013-Estt (Res) dated 24rth July 2020.
2) Kindly provide the updated all information for withholding my promotional effect after the clarification/instructions of DoPT is already available under OM No 36012/12/2013-Estt (Res) dated 24rth July 2020
3) Kindly provide the information regarding rules/provisions for undertaking of repeated clarification after the same subject clarified by DOPT under OM No 36012/12/2013-Estt (Res) dated 24rth July 2020
4) Kindly provide the information regarding all correspondence letter numbers and concerned file numbers for repeated clarification sought by CWPRS, Pune after the same subject clarified by DoPT under OM No 36012/12/2013-Estt (Res) dated 24rth July 2020"
2. The CPIO furnished a point-wise reply to the Appellant on 24.02.2024 stating as under:
"1. The inspection of files related to your promotional records etc. were offered to you in response to your earlier RTI bearing No. to CWPRS/R/E/23/00024 dated 19.07.2023 and you were replied to visit Admin section, CWPRS at mutually convenient date. However, you (applicant) did not show any interest regarding the same. Further to this related CIC hearings dated 14/09/2023 for your RTI applications, as per judgement of CIC, you have in person witnessed/inspected the files on 18/10/2023 at Admin. Section of CWPRS with regard to your promotional matter and other aspects also and records were provided to you as per RTI norms/rules/guidelines. Thus, considering the above facts it is to mention that you have already inspected the files/records and certified copies were already provided to you as per RTI guidelines.
2. Information sought is not clear and office are not supposed to generate and interpret information under RTI.CIC/CWPRS/A/2024/625204 Page 2 of 8
3 Information sought is not clear and office is not supposed to generate and interpret information under RTI.
4 Information sought is not clear and office is not supposed to generate and interpret information under RTI."
3. Being dissatisfied, the Appellant filed a First Appeal dated 21.03.2024. The FAA vide its order dated 12.04.2024, upheld the reply of CPIO.
4. 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: Mrs. Sushma J. Vyas, Scientist 'D'/CPIO, appeared through video conference.
5. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 11.06.2024 is available on record.
6. The Respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 02.12.2025 disclosing complete facts of the case and requested the Commission to place the same on record. The relevant paras of the written submission are reproduced as under:
"This has reference to the CIC order No. CIC/CWPRS/A/2024/625204 dated 11/11/2025 the undersigned is in receipt of Notice of hearing by post for appeal before Hon'ble Information Commissioner Mr. Vinod Kumar Tiwari on 09-12-2025 at 12:35 PM through online mode. It has been mentioned in the order that hearing will be at NIC Studio in Pune at location NIC, 5th floor, Collector office in front of Sassoon hospital, Pune 411001.CIC/CWPRS/A/2024/625204 Page 3 of 8
This hearing is for the appeal filed by Shri. C.M. Nimje who is also working at CWPRS, Pune. He has sought the information with regard to his updated status for withholding his promotion for which he has filed RTI application dated 27/01/2024. The then CPIO, CWPRS provided the reply dated 24/02/2024 based on the information received by him from concern DPIO (Admin, Chief Administrative Officer), CWPRS. Further as applicant was aggrieved has filed 1st appeal on 21/03/2024 and the then First Appellate Authority (FAA) & Additional Director, CWPRS vide order dated 12/04/2024 uphold the reply given by the then CPIO, CWPRS. The FAA has also mentioned that the appellant may take necessary appointment to visit Administrative Section, as he sits in the same building and premises wherein Administration section office also exists. It was also mentioned that he may go through the relevant papers/records/correspondence and copies required shall be provided to him. However, the appellant did not visit the Administration section and the appellant filed 2nd Appeal and CIC desires to have hearing in this regard.
Considering the above facts, as desired by CIC the written submission is made by the present CPIO to the commission and is as follows:
At the outset CPIO would like to bring to the notice of CIC that; CWPRS, Administration vide Office Order No. 604/35/Estt.III/2023/06 dated 02/01/2023 (Annexure-I) has offered Shri C.M. Nimje departmental promotion based on the recommendation of departmental promotion committee with mention that he shall submit an undertaking stating the benefit earned by him are subject to outcome of clarification on decision (w.r.t . his Halba caste under ST category). However, Shri. C.M. Nimje has not given any undertaking.
Further to this the applicant Shri C.M Nimje vide his application dated 19.07.2023 has sought information with regard to updated status of his promotion on Superintendent post, file noting's, copy of submitted report w.r.t DoPT OM No. 36012/12/2013-Est(Res) dated 08/04/2019, 24/07/2020 and DoPT OM No. 604/35/EstIII/2013/06 dated 02/01/2023. In this regard the then CPIO has requested him to visit Administration section as he is working in same premises, based on the reply received from the then DPIO(Admin-CWPRS), the then CPIO has provided reply dated CIC/CWPRS/A/2024/625204 Page 4 of 8 16/08/2023. However, the applicant did not visit and filed 1st appeal and the then FAA upheld the reply given by the then CPIO and moreover FAA mentions that Shri. Nimje was offered promotion to the post of Superintendent vide office order dated 02/01/2023 subject to submission of an undertaking and charge assumption report but the same is yet to be received from Shri. Nimje and the same was communicated by FAA vide order dated 06/09/2023. However, appellant filed 2nd appeal with CIC.
It is to mention that the then CPIO, CWPRS who is also CPIO in the current RTI application. The the then CPIO attended the CIC hearing which was held on 27.02.2025 in front of Hon'ble Information Commissioner Mr. Vinod Kumar Tiwari (Annexure-II) wherein the Hon. Information commission has given decision dated 03/03/2025 disposing the appeal stating that Quote "In response, the Respondent vide its letters dated 16.08.2023 and 06.09.2023 had categorically asked the Appellant for inspection of records in the office but he did not turn up for the same".
"It further appears that the Appellant is harbouring a grievance related to his promotion and is not seeking information as envisaged under the RTI Act and has also been challenging that to why the Respondent had called him for inspection of records. Despite this, the CPIO has provided a response to the Appellant; in the spirit of RTI Act." Unquote It is to mention that present RTI application dated 27/01/2024 is again filed by appellant with regard to providing the inspection of all files of his promotional records vide RTI application dated 27/01/2024 (wherein there is again a repetition of similar type of queries with regard to his promotion for which he has earlier filed the application dated 19/07/2023 wherein CWPRS has requested him to visit the Administration section at CWPRS for which he did not turned up). Also, moreover CPIO based on information provided he has inspected the files at CWPRS on 18/10/2023 w.r.t CIC judgement dated 14.09.2023 and the certified copies were already provided and information was given to appellant by post as well as uploaded on CIC portal also. Thus, considering the above facts, the then CPIO has CIC/CWPRS/A/2024/625204 Page 5 of 8 provided the reply dated 24/02/2024 based on the information provided by the then DPIO (Admin- Chief Administrative officer), CWPRS to the then CPIO. This reply provided by CPIO dated 24/02/2024 is upheld by the then Appellate Authority, CWPRS vide his order dated 12.04.2024 and requested to visit Administration section for queries and moreover applicant should be specific for queries at Sr. 2,3 and 4 (Annexure-III). However rather than visiting Administration office, appellant has filed the 2nd Appeal with CIC.
Now considering the above facts, past history and circumstances that the appellant even though working in the same building in same premises at CWPRS is not visiting Administration section to inspect files/records despite request by the then CPIO/FAA, the present CPIO has decided to request Administration department of CWPRS to provide the information w.r.t Shri. C. M. Nimje RTI case as well as promotion status of Shri. C.M. Nimje after receipt of CIC notice dated 11/11/2025 by post.
Based on the information received from Administration section of CWPRS, the CPIO would like to make a special mention that after issue of CIC notice dated 11/11/2025, the appellant Shri. C.M. Nimje in the same month of Nov. 2025, has given in writing the undertaking of caste certificate to Chief Administrative officer, CWPRS vide his letter No. 697/4/Bills/2025/847 dated 13/11/2025 (Annexure-IV) in response to the office order earlier given by Administration section bearing No. 604/35/Estt.III/2023/06 dated 02/01/2023. He in this letter states that Quote " I undertake that I am belong to Halba Schedule caste tribe and my mother tongue is Halbi. He also undertakes that my caste certificate is not found forged document hence it is genuine. He further Undertake that I will give my co- operation as per rules, if any type of doubt will take place in future etc."
He also requested in his letter 697/4/Bills/2025/847 dated 13/11/2025 "to look into the matter sympathetically and correct the said office order as per recruitment Rules etc.". Thus, it is understood from updated documents received by CPIO from Administration CIC/CWPRS/A/2024/625204 Page 6 of 8 section of CWPRS that based on Shri. C.M. Nimje's letter dated 13/11/2025, the office order is issued by Administration of CWPRS to Shri. C.M. Nimje bearing No. 604/35/2025/R&P Cell/ dated 26/11/2025 (Annexure-V) for offering the post of Superintendent. Moreover, the Shri C.M. Nimje has taken over the charge of the post of Superintendent vide letter No. 697/4/Bills/2025/882 dated 27th Nov. 2025 (Annexure-VI) along with duly filled in form for option of pay fixation.
Considering the above facts, it is to mention that the appellant is given the promotion to the post of Superintendent as well as Shri. C.M. Nimje has also taken over the charge of the post of Superintendent from 27/11/2025. Thus, this letter along with all necessary documents as well as documents received from Administration section are attached and uploaded on CIC portal for providing information to Hon. Information commission for hearing to be held on 09/12/2025."
Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, notes that the Appellant sought inspection of all records and correspondence relating to his promotion and certain clarifications regarding the Rules and Procedures followed by the Respondent organization, including details concerning DoPT OMs. The CPIO, through a detailed reply dated 24.02.2024, had informed the Appellant that inspection of all relevant files had already been offered to him earlier and, pursuant to the directions of the Commission in an earlier matter, he had in fact inspected the files on 18.10.2023, whereafter certified copies were also provided to him. With respect to the remaining queries, the CPIO clarified that the information sought was vague and appeared to require interpretation or clarification of rules, which does not fall within the definition of "information" under Section 2(f) of the RTI Act.
CIC/CWPRS/A/2024/625204 Page 7 of 88. The Commission finds that the CPIO had furnished an appropriate and adequate reply within the stipulated time and had allowed the Appellant due access to the records. The Commission also observes that several of the queries raised in the RTI application seek interpretation of Rules and reasons for administrative decisions, which is beyond the mandate of the RTI Act. Furthermore, the Appellant has remained absent during the hearing and has continued to file repetitive RTI applications relating to his service grievance, which cannot be adjudicated under the provisions of the RTI Act. It is also noted that the promotional issue underlying these RTI applications now stands resolved as the Appellant has already been promoted and has assumed charge.
9. In view of the above observations, the Commission is of the opinion that intervention is not warranted in the matter.
The appeal is 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, Central Water and Power Research Station, Khadakwasla RS PO, Sinhagad Road, Pune - 411024 CIC/CWPRS/A/2024/625204 Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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