Central Information Commission
Piyush Kumar Mohanta vs Ministry Of Micro, Small And Medium ... on 30 September, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क ीय सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका,
नरका नई द ली - 110067
Munirka, New Delhi-110067
File No. CIC/MMSME/A/2020/662974
In the matter of:
Piyush Kumar Mohanta
...Appellant
VS
Central Public Information Officer
Ministry of MSME, Udyog Bhavan,
New Delhi-110 011
...Respondent
RTI application filed on : 24/08/2019 CPIO replied on : 14/10/2019 First appeal filed on : 25/10/2019
First Appellate Authority order : 05/12/2019 Second Appeal filed on : 13/02/2020 Date of Hearing : 30/09/2021 Date of Decision : 30/09/2021 The following were present: Appellant: Present over VC Respondent: Shri P.K Singh, Under Secretary and CPIO, present over VC Information Sought:
The appellant has sought the following information with regard to the framing of Recruitment Rules (RR) for various posts in KVIC:
1. Copy of the DOPT guidelines followed while framing of the RR for the post of Assistant Director Grade-II.
2. Copy of guidelines of DoPT wherein period of promotion from Pay Band 1 to Pay Band 2 has been defined to be 10 years. Whether DOPT guidelines have been implemented in full or partially?
3. Provide information for misrepresentation and overlooking the laid down rules issued by DoPT while framing of the RR for the post of Assistant Director Grade-II.1
4. And other related information.
Grounds for filing Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO as no information was provided to him particularly on points no. 2 to 5 of the RTI application. He submitted that DoPT guidelines 2009 was not followed by the respondent.
The CPIO submitted that an appropriate reply was given to the appellant on 14.10.2019. He further submitted that they consulted DoPT and some notesheets where the RRs in question were examined, are available where it was mentioned that they do not require to follow these RRs verbatim and in toto.
Observations:
From a perusal of the relevant case records, it is noted that a point-wise reply was provided by the CPIO vide his letter dated 14.10.2019 whereby for point no. 1, the appellant was directed to the website, for point no. 6, a categorical reply was given and for the rest of the points, it was stated that since these are hypothetical in nature, no information could be provided. Thereafter, the FAA in his order had stated that no information with regard to upgradation of the pay scale from Rs 5200-20200 with grade pay of Rs 2800 to pay band 2(9300- 34800) with grade pay of Rs 4600 is available with them and the appellant was also informed that they have followed the guidelines of DoPT for framing the Recruitment Rules of KVIC, in toto. The Commission is unable to find any flaw in the reply of the CPIO as what is not available cannot be provided. However, some additional information is available with the CPIO as informed by him, he is directed to provide the same to the appellant.2
Decision:
In view of the above, the CPIO is directed to provide a copy of the note-sheet of DoPT of 2014 as per the discussions held during the hearing, wherein the points raised by the appellant had been discussed. This direction is to be complied with within a period of 07 days from the date of receipt of the order.
The appeal is disposed of accordingly.
वनजा एन.
Vanaja N. Sarna (वनजा एन सरना) सरना सूचना आयु ) Information Commissioner (सू Authenticated true copy (अिभ मािणत स यािपत ित) A.K. Assija (ऐ.के . असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3