Central Information Commission
Girija Sankar Tummala vs Centre For Dna Fingerprinting And ... on 8 September, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File no.: - CIC/CDFAD/C/2021/633503
In the matter of
Girija Sankar Tummala
... Complainant
VS
Central Public Information Officer
Centre for DNA Fingerprinting and Diagnostics (CDFD)
(Ministry of Science & Technology)
Inner Ring Road, Uppal, Hyderabad- 500 039
...Respondent
RTI application filed on : 06/05/2021 CPIO replied on : 05/07/2021 First appeal filed on : 05/06/2021 First Appellate Authority order dated : 05/07/2021 Complaint Filed on : 29/07/2021 Date of Hearing : 07/09/2022 Date of Decision : 07/09/2022 The following were present: Complainant: Present over VC
Respondent: Varsha, Scientist (V) and CPIO, present over VC alongwith G.Ravindran Information Sought:
The complainant has sought the following information:
1. Whether terminal benefits such as Gratuity, Leave Encashment, etc. were paid to the following officials who served in COEs on completion of their project tern in CDFD.
(i) Sh. B Jagannathacharyulu, Technical Officer IV, COE-I, CDFD
(ii) Mrs. K Nanci Rani, Technical Assistant, COE-II, CDFD
(iii) Mrs. Shruti Das Gupta, Technical Assistant, COE-II, CDFD
- Provide head wise payment details of each official separately. Also provide copies of Note sheet and payment vouchers etc. 1
2. Whether the three officials stated above in point No. 1 were considered for retention in CDFD immediately on completion of their tenure in CoEs or otherwise. If so, provide copies of Note sheets initiated for their retention in CDFD and orders passed for their retention after completion of tenure at CoEs and their continuation thereafter.
3. Whether Dr. Abhijit Sardesai, COE-I and Dr. Hari Narayanan, COE-II, who served in COEs were considered for absorption in CDFD.
- Provide copies of Note sheets, Board proceedings, their absorption or appointment orders in CDFD etc.
4. And other related information.
Grounds for filing Complaint:
The CPIO did not provide the desired information. Submissions made by Complainant and Respondent during Hearing:
The complainant vide written submissions dated NIL submitted that after rendering 21 years of continuous service in MHA/GOI the complainant had opted for joining in DBT's CoE, CDFD Hyderabad through proper channel and after fulfilling all the formalities prescribed, had joined in CDFD on 01.06.2009 and served therein for eleven and half years i.e upto 07.12.2020. He further submitted that when he requested for terminal benefits out of his service rendered in DBT's CoE MST GoI, he was denied all the benefits without any valid reasons. However, he came to know that the above officials were granted the terminal benefits whose payments and service conditions were the same. He also highlighted the delay in providing a reply. The then CPIO failed to explain the delay. However, he submitted that information was in the nature of queries.
Observations:
Based on a perusal of the record, it was noted that the CPIO denied the information sought u/s 2(f) of the RTI Act stating that the information sought is in the nature of query.
The Commission finds no flaw in the reply given as the queries as to whether terminal benefits such as Gratuity, Leave Encashment, etc. were paid to certain officials are in the nature of seeking answers and is not strictly within the ambit of Sec 2(f) of the RTI Act besides being third party information. Moreover, the reply given to another applicant as submitted by the complainant was examined and it was seen that for point no. 5 of that application the list of employees was sought, however, in this RTI application confirmation of the names of some employees getting terminal benefits was sought.2
Decision:
The Commission cautioned both the CPIOs to be careful regarding the timelines. As far as information sought is concerned, the same is in the nature of queries and related to third parties, therefore, there was no scope for disclosure of information by the CPIO.
The complaint is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3