Central Information Commission
Mrharbanns Singh Jaswal vs Ministry Of Defence on 3 June, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus,New Delhi110067
Tel: +911126106140/26179548
File No.
CIC/CC/A/2014/000502/DP
CIC/CC/A/2014/000229/DP
CIC/CC/A/2014/000672/DP
CIC/CC/A/2014/000270/DP
CIC/CC/A/2014/000587/DP
Date of Decision:03/06/2016
Relevant facts emerging from the Appeal:
Appellant : Harbans singh Jaswal
Pocket - E, 138 - C, 2nd Floor,
Opp. Hans Raj Sampark School,
Dilshad Garden, Delhi - 110095
Respondent : CPIO
Bharat Electronics Limited
L - 1, MIDC Industrial Area
Taloja Navi Mumbai - 410208
CPIO
Bharat Electronics Limited
Outer Ring Road, Nagavara,
Bangalore560045.
CPIO
Bharat Electronics Limited
Bharat Nagar
Ghaziabad201010.
RTI application : 17/12/2013,08/05/2014,11/5/2014,08/05
filed on /2014, 31/03/2014
PIO replied on : 22/01/2014,03/06/2014, No reply,
28/06/2014, 24/04/2014
First appeal filed : 26/02/2014,29/06/2014,03/07/2014,01/0
on 7/2014, 24/05/2014
First Appellate : 04/04/2014,No order, No order, No
Authority order order, No order
Second Appeal dated : 14/08/2014,23/08/2014, ,23/08/2014,
30/07/2014
Information Commissioner : Shri Divya Prakash Sinha
Information sought:
File no.
CIC/CC/A/2014/000502/DP 1 The Appellant sought information related to letter No. 12901/01/AGM/(P&A)/GAD dt 07/08/2011 addressed to Principal, Modern School Dilshad Garden by Surendra Kumar and its reply by the school vide letter No. GMS/MISC/2001 dt 10/08/2001 by Vice Principal Smt. Neelam Singhal regarding attendance enquiry of his Children.
FILE No .
CIC/CC/A/2014/000229/DP The Appellant sought various information related to CPIO, BEL about his educational qualification, recruitment, salary, etc. FILE No. CIC/CC/A/2014/000672/DP The Appellant sough information on educational qualification, recruitment, service matters, etc. of Diler Singh Kuhar.
FILE No. CIC/CC/A/2014/000270/DP The Appellant sought information related to CPIO, BEL Taloja unit such as his name, designation, department, phone no., fax no., qualifications, etc. He also wanted to know about educational qualification of Chandan Shiv TV.
FILE No. CIC/CC/A/2014/000587/DP The Appellant sought information on appointment of Chandan Shiv TV.
He also sought information related to educational qualification, recruitment etc. of T Sunder, CPIO.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present: Appellant: Present and assisted by his wife Neelam Bala Jaswal in person.
Respondent:
CIC/CC/A/2014/000587/DP and CIC/CC/A/2014/000270/DP Krishna Devikar, Manager(MS) & APIO and A.K. Singh, BEL Mumbai present through VC.
Appellant wanted in his RTI applications qualification and recruitment related information about T. Sunder and Chandan Shiva TV both senior officials in BEL. He alleged that the 2 educational qualifications of both the officials are not recognised by UGC, AICTE etc and on that ground wants to challenge their appointment.
CPIO submitted that though most of his RTI queries did not fall in the category of information under RTI Act and were pointed queries about individuals. They have provided all the available details.
CIC/CC/A/2014/000672/DP V. Ramiah, CPIO, Corporate Office, BEL, Bangalore present through VC.
Appellant stated that he has not received any reply in respect of the RTI application. He presented before Commission a reply dated 1.6.2015 from the CPIO in a different RTI on same subject. His RTI application is concerning qualification and recruitment related information about Diler Singh Kuhar, a retired senior officer. Applicant submitted that CPIO has not enclosed documents mentioned in his reply.
CPIO submitted that he will send enclosures of the RTI reply dated 1.6.2015, if the same has not received by the appellant. He also submitted that the appellant is in the habit of abusing RTI Act for seeking information about senior officials. He has submitted 148 RTI applications in Ghaziabad Unit and 155 RTI applications in Corporate Office Bangalore. Out of the total RTI applications 39 relate to information on Diler Singh Kuhar.
CIC/CC/A/2014/000502/DP and CIC/CC/A/2014/000229/DP Prakalpa Sharma, Dy. Manager(Legal) & CPIO, BEL, Ghaziabad present in person.
Appellant has demanded qualification, recruitment and promotion related information about Dibyendu Bidyant, then CPIO of BEL, Ghaziabad in the first RTI application.
In the second RTI application he has questioned the conduct of Surendra Kumar, then AGM(P&A) in asking the Principal of Greenway Modern School to give attendance details of three children of the appellant to check the genuineness of medical claims in respect of them. In his reply the CPIO had given him a copy of the letter written to the Principal of Greenway Modern School which is not on the letter head of the Company.3
CPIO submitted that they have provided all available information to the appellant regarding the first RTI. Regarding copy of the letter written to the Principal of Greenway Modern School he will provide him a certified copy of the same. He further submitted that the appellant is of the habit of filing numerous RTI applications on similar subjects. Most of his applications are regarding qualification and recruitment of senior officials of the company. In respect of Diler Singh Kuhar, AGM retired he has submitted 39 applications to CPIO, BEL Ghaziabad unit.
Decision CIC/CC/A/2014/000587/DP and CIC/CC/A/2014/000270/DP Commission observes that the appellant is unhappy with senior officials of BEL and feels victimised at their hand. He wants to challenge the recruitment of Chandan Shiva TV and T Sundar on the basis that their educational qualification is not recognised by concerned Govt. of India Bodies. Commission does not take cognizance of the allegations of the appellant as the same is outside the purview of RTI Act.
CPIO is directed to provide any additional information which he may have in his custody on the two RTI applications to the appellant within 15 days of receipt of this order.
CIC/CC/A/2014/000672/DP Commission observes that the appellant has grudge against Diler Singh Kuhar and has filed 39 RTI applications on various issues regarding him. Current RTI application is regarding his appointment and promotion on the basis of qualification which the appellant feels are not recognised by the concerned Govt. of India Bodies. Majority of the queries in the RTI application do not fall under the category of information under the RTI Act. CPIO has provided available information to the appellant. He is directed to send the enclosures of his reply dated 1.6.2015, which the appellant claims that he has not received within 15 days of receipt of this order.
CIC/CC/A/2014/000502/DP and CIC/CC/A/2014/000229/DP CPIO is directed to send certified copy of letter written to the Principal of Greenway Modern School which is not on the letter head of the Company to appellant within 15 days of receipt of the order.4
The appeals are disposed of accordingly.
(Divya Prakash Sinha) Information Commissioner Authenticated true copy (Raghubir Singh) Dy. Registrar/Designated Officer 5