Central Information Commission
Pankaj Kumar vs Nuclear Power Corporation Of India on 15 November, 2019
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/NPCOI/A/2018/627130
Pankaj Kumar ... अपीलकता /Appellant
VERSUS
बनाम
CPIO, Nuclear Power ... ितवादीगण /Respondent
Corporation of India Limited,
Mumbai
Relevant dates emerging from the appeal:
RTI : 05.10.2017 FA : 09.01.2018 SA : 27.07.2018
CPIO : 03.11.2017 FAO : 22.02.2018 Hearing : 05.11.2019
ORDER
1. The appellant filed an online application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Nuclear Power Corporation of India Limited (NPCIL), Mumbai seeking information on three points pertaining to the advertisements for various posts in several units of DAE including, inter-alia, (i) soft/hard copy of advertisement for stipendiary trainee category - 1 for physics/chemistry/mathematics/BSc (PCM) discipline in following Page 1 of 4 units of DAE - (a) IGCAR (From 2008-2016), (b) NFC (From 2007-2008), (c) RRCAT (From 2008-2009), (d) HWB (From 2008-2014), (e) VECC (From 1999- 2004), etc. (ii) soft/hard copy of advertisement for scientific assistant/B and scientific assistant/C for physics/chemistry/mathematics/BSc (PCM) discipline in following units of DAE - (a) IGCAR (From 2008-2016), (b) NFC (From 2007- 2008), (c) RRCAT (From 2008-2009), (d) HWB (From 2008-2014), (e) VECC (From 1999-2004), etc., (iii) soft/hard copy of cut off marks and mark list/performance list of candidates in written exam, interview, final merit list for UR, SC, ST, OBC category in above mentioned queried advertisements.
2. The appellant filed a second appeal before the Commission on the grounds that correct and complete information has not been provided by the CPIO and the FAA. The appellant requested the Commission to direct the CPIO to provide the complete information sought by him.
Hearing:
3. The appellant, was not present despite notice. The respondent Shri S.K. Shrivastava, Addl. Chief Engineer & CPIO, NPCIL attended the hearing through video conferencing.
4. The respondent submitted that vide the reply of CPIO dated 03.11.2017, the appellant was informed that no recruitment was done for the posts mentioned by the appellant in the RTI application from 2008-2015 for the headquarters of NPCIL. The respondent admitted that due to lack of adequate of attention to the RTI application it was inferred that the information sought for pertained to NPCIL headquarters. The respondent tendered his unconditional apology for this lapse and requested the Page 2 of 4 Commission to condone the same. The respondent further stated that on receipt of the Notice of Hearing, the matter was re-examined and thereafter a detailed reply in response to the RTI application containing complete information pertaining to the recruitments done from 2008-2015 for the above-mentioned posts in various departments of NPCIL has been provided to the appellant vide letter dated 01.11.2019. The respondent also tendered his unconditional apology for this delay and requested the Commission to condone the same.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that perhaps due to non-application of mind, the respondent had wrongly presumed that the appellant had sought information regarding recruitments done for NPCIL Headquarters only. The Commission also observes that this merely indicates a lack of seriousness and a lackadaisical approach to matter relating to RTI. However, it cannot be said that the respondent deliberately or malafidely withheld the information. Hence, in the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the respondent. Nevertheless, the Commission counsels the CPIO to be more careful in future so that such lapses do not recur and information is provided to the information seeker within the stipulated time. The Commission further notes that due information has been provided to the appellant vide letter dated 01.11.2019.
Hence, no further intervention of the Commission is required in the matter.
6. With the above observations, the appeal is disposed of.
Page 3 of 47. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागव)व) Chief Information Commissioner (मु य सूचना आयु ) दनांक / Date 13.11.2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA) Nuclear Power Corporation of India Limited, 12-N-14, Vikram Sara Bhai Bhavan, Central Avenue Road, Anushaktinagar, Mumbai - 400094
2. The Central Public Information Officer (CPIO) Nuclear Power Corporation of India Limited, 12-N-14, Vikram Sara Bhai Bhavan, Central Avenue Road, Anushaktinagar, Mumbai - 400094
3. Shri Pankaj Kumar Page 4 of 4