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Central Information Commission

Prabhakar Kumar vs Nuclear Power Corporation Of India on 23 January, 2017

                    CENTRAL INFORMATION COMMISSION
                   August Kranti Bhawan, Bhikaji Cama Place,
                              New Delhi-110066

                                             F. No.CIC/YA/A/2015/002868

Date of Hearing                      :   04.01.2017
Date of Decision                     :   04.01.2017

Appellant/Complainant                :   Shri Prabhakar Kumar, Mumbai


Respondent                           :   CPIO, Nuclear Power Corporation of
                                         India Limited, Mumbai

                                         Through:
                                         Shri S K Srivatava, CPIO
                                         Shri N Vandevam, DGM


Information Commissioner             :   Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on             :   24.06.2015
PIO replied on                       :   21.07.2015
First Appeal filed on                :   07.08.2015
First Appellate Order on             :   04.09.2015
2nd Appeal/complaint received on     :   10.12.2015

Information sought

and background of the case:

The appellant vide RTI application dated 24.06.2015 sought information under 5 points regarding NPCIL carrier progression scheme as applicable to him. CPIO vide letter dated 21.07.2015 furnished the guidelines issued by the corporate office regarding permission for pursuing higher studies and denied rest of the information being not available. The FAA upheld the reply of CPIO. Feeling aggrieved the appellant approached the Commission.

Relevant facts emerging during hearing:

Both the parties are present and heard at length. The appellant states to be aggrieved by the extant promotion policy of the respondents which does not permit him to reap benefits of his higher qualification. He states to have joined NPCIL as a diploma engineer and obtained higher qualification in course of service. His application for up gradation did not find favour with the employer NPCIL. He is also aggrieved since his application seeking permission for outside employment was rejected. In this factual backdrop, he states to have sought information. Per contra, the CPIO states that the appellant had sought to challenge the promotion policy through the present RTI application which is beyond the scope of RTI Act, 2005. He, however, clarifies that the policy for seeking outside employment has been revised since then and there is no impediment now for the appellant to move an application afresh.

Decision:

After hearing parties and perusal of record, the Commission concurs with the contention of CPIO. It is impermissible for the Commission to comment on a policy decision under the proceedings of RTI Act, 2005. The appellant may seek appropriate legal remedies in this regard. No further action is called for on the part of the Commission.

The appeal is disposed of accordingly.

(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.

(R.P.Grover) Designated Officer Copy to:-

CPIO:

Nodal Officer - RTI Cell, Nuclear Power Corporation of India Limited, 12-N-14, Vikram Sarabhai Bhawan, Anushakti Nagar, Mumbai-400094 (Maharashtra) Shri N. Nagaich ED (CP&CC) & FAA, Nuclear Power Corporation of India Limited, 12-N28, Vikram Sarabhai Bhawan, Anushakti Nagar, Mumbai-400094 (Maharashtra) PRABHAKAR KUMAR QAD 6,ENTRANCE 01,NABHIKIYA URJA BHAVAN, ANUSHAKTI NAGAR MUMBAI 400094 Maharashtra