Inder Pal vs Indian Agricultural Research ... on 13 June, 2024

[Cites 4, Cited by 0]

Central Information Commission

Inder Pal vs Indian Agricultural Research ... on 13 June, 2024

Bench: Heeralal Samariya

                              के न्द्रीय सूचना आयोग
                     Central Information Commission
                          बाबा गंगनाथ मागग, मुननरका
                     Baba Gangnath Marg, Munirka
                      नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/INARI/A/2023/645233

Shri Inder Pal                                             ... अपीलकताग/Appellant
                                 VERSUS/बनाम

CPIO, Indian Agricultural    Research    Institute     ...प्रनतवािीगण /Respondent
(ICAR), New Delhi

Date of Hearing                      :   11.06.2024
Date of Decision                     :   11.06.2024
Chief Information Commissioner       :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :      01.04.2023
PIO replied on                    :      17.04.2023
First Appeal filed on             :      17.04.2023
First Appellate Order on          :      10.05.2023
2 Appeal/complaint received on
 nd                               :      18.09.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 01.04.2023 seeking information on following points:-

1. "Please provide the details of Technical officer (name, designation) of IARI, New Delhi wherein officials were promoted from erstwhile cadre of T-5 to T6 with qualification in Masters degree of MA (Economics) and Bsc in graduation from year 2010 onwards."

The Admn. Officer (P.V.), Indian Agricultural Research Institute (ICAR), New Delhi vide letter dated 17.04.2023 replied as under:-

"The desired information in not available in material from. Hence, the same cannot be provided under section 2(f) of RTI Act. However copy of any documents available in material form can be provided as per provisions under RTI Act."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.04.2023. The FAA vide order dated 10.05.2023 stated as under:-

"The appeal has been examined in the light of established guidelines of RTI Act 2005. The information sought is not available in the desired format and keeping in view the RTI Guidelines; Direction cannot be issued to the CPIO to prepare the information in the desired format.

Page 1 of 3

Therefore, the appeal is disposed of accordingly."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Represented by Shri Mayank Respondent: Shri Rajesh Sharma, Admin Officer The Appellant's representative stated that before Appellant's retirement, his previous promotion was revoked based on his qualifications. However, after his retirement, promotion of his colleagues having similar qualification was done. Furthermore, there are various ICAR units wherein officials having similar qualifications have been given promoted which was denied to him. Hence, he had filed the instant RTI application.

Shri Rajesh Sharma reiterated his written submission dated 05.06.2024, the relevant extracts of which are as under:

"In this regard I am directed to submit that cases of merit assessment RTI Application promotion of each technical staff at different ICAR Institutes is considered a separately on the basis of his/her ACR marks and marks awarded on the basis of assessment proforma and submitted by concerned technical staff by separate Merit Assessment Promotion Committees. Further different educational qualifications have been prescribed as per nature of job i.e. functional group of technical staff for merit assessment promotion to higher posts. No separate information in format desired by Sh. Inder Pal about staff (technical officer) who have B.Sc. in graduation and MA (Economics) have been compiled as it is not required for considering merit assessment promotion of technical staff. Accordingly, with reference to RT] request dated 01/04/2023 submitted by Sh. Inder Pal, H-301, KDP Grand Savana, Raj Nagar Extn., Ghaziabad, UP-201017, the CPIO vide letter dated 17/4/2023 has intimated that information sought is not available in material form and hence same cannot be provided under Section 2F of RTI Act. However, copy of any document available in material form can be provided as per provisions under RTI Act.

Inder Pal vide appeal dated 17/4/2023 submitted that information is available in APAR / ACR of the employee. HR System / Personal Wing in Computer, Assessment Committee report / DPC report, however the office which is delhi ie. capital is denying the basic information. Since the information in desired format sought by Sh. Inder Pal has not been compiled and hence not available in material form, therefore with reference to RTI appeal dated 17/4/2023, the Appellate Authority vide reply dated FA Order 10/5/2023 informed that information sought is not available in desired format and keeping in view the RTI guidelines, direction cannot be issued to However, in place of seeking specific document / information about particular technical staff, Sh. Inder Pal, 274, Nalanda Town, Page 2 of 3 Samshabad Road, Agra, UP-282004 vide RTI request dated 22/09/2023 again sought the same information i.e. "details of Technical Officer (name designation) of IARI, New Delhi wherein officials were promoted from T-5 to T-6 with qualification in MA (Economics) and B.Sc. in graduation from year 2010 onwards."

Since the information has not been compiled and not available in material form, therefore CPIO vide reply dated 26/09/2023 against informed that the desired information is not available in material form. Hence the same cannot be provided under Section 2F of RTI Act.

Since the information in format desired by Sh. Inder Pal has not been compiled and already short manpower will be required to be diverted for compiling such type of information, therefore it is requested that Sh. Inder Pal may please be directed to seek specific document about specific technical staff so that desired information/document available in material form could be provided as per provisions of RTT Act."

Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent as only such information that is held and available with a public authority can be provided and the CPIO cannot be compelled to collate and compile the information. It is also observed that the Appellant is seeking personal information of third parties which is exempted from disclosure u/s 8 (1) (j) of the RTI act, 2005. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance, the Appellant is advised to approach an appropriate forum.

With the above observation, the instant Second Appeal stands disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)

Unlock Advanced Research with PRISMAI

Central Information Commission