Central Information Commission
K Lakshminarayanan vs Ut Of Puducherry on 26 February, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मनु नरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No.: CIC/UTPON/C/2023/119320
K Lakshminarayanan ....शिकायतकताा /Complainant
VERSUS
बनाम
CPIO,
Department of Personnel &
Administrative Reforms
(Personnel Wing), Chief
Secretariat, Puducherry - 605001. ....प्रशतवादीगण /Respondent
Date of Hearing : 22-02-2024
Date of Decision : 23-02-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 08-02-2023
CPIO replied on : 07-03-2023
First appeal filed on : 11-03-2023
First Appellate Authority's order : 10-04-2023
2nd Appeal/Complaint dated : 22-04-2023
Information sought:
The Complainant filed an RTI application dated 08.02.2023 seeking the following information:1
"1) Statement: It has been stated by the PIO of Power Secretariat in the RTI reply dated 30.01.2023, for the queries under 3, that the file relating to the post approval for the creation of posts and amendment Recruitment Rules done by the PPCL Board, has been received by Power Secretariat on 14.12.2022 and has been submitted before Secretary (Power) on 25.01.2023, for transferring to AR Wing.
1(a) In this regard, kindly state with certification, whether any file relating to the post approval for the creation of posts and amendment Recruitment Rules done by the PPCL Board as stated in RTI reply dated 30.01.2023, has been received by DP&AR may be furnished (Let the information be in yes or no format).
1(b) If yes, the date of receipt of the file along with certified copies of the complete file received from the Power Secretariat specifically to be furnished (Requested to return the file after taking copies for this applicant).
1(c) Further, kindly state with certification, the subsequent action by DP&AR on this file along with certified copies of all related documents may be furnished (Requested to return the file after taking copies for this applicant).
1(d) Further, kindly state with certification, the present status on the above file along with certified copies of all relevant documents may be furnished (Requested to return the file after taking copies for this applicant).
2(a) Kindly state with certification, whether any file has been sent to DP&AR with regard to the approval of Thiru. K.Ayyapaan, UDC in PPCL, to be absorbed as Legal Assistant in Law Department may be furnished (Let the information be in yes or no format).
2(b) If yes, date of receipt of the above stated file along with certified copies of all related documents including any legal opinion of the Law Department (if any), specifically to be furnished.
2(c) Further, kindly state with certification, the complete subsequent action on this file by the Power Secretariat along with certified copies of all relevant copies of the documents specifically to be furnished.
2(d) Further, kindly state with certification, the present status on the above file along with certified copies of all relevant copies of the documents specifically to be furnished."
2The CPIO furnished a point-wise reply to the complainant on 07.03.2023 stating as under:
Sl. Information Sought For Reply
No.
Statement: It has been stated by the PIO of Power No such file has
Secretariat in the RTI reply dated 30.01.2023, for been received by the queries under 3, that the file relating to the D.P. & A.R. post approval for the creation of posts and (Personnel Wing). amendment Recruitment Rules done by the PPCL Board, has been received by Power Secretariat on 14.12.2022 and has been submitted before Secretary (Power) on 25.01.2023, for transferring to AR Wing.
1 (a): In this regard, kindly state with certification, whether any file relating to the post approval for the creation of posts and amendment Recruitment Rules done by the PPCL Board as stated in RTI reply dated 30.01.2023, has been received by DP & AR may be furnished (Let the information be in Yes or No format).
1 (b): If yes, the date of receipt of the file along with certified copies of the complete file received from 1 the Power Secretariat specifically to be furnished (Requested to return the file after taking copies for this applicant).
1 (c): Further, kindly state with certification, the subsequent action by DP & AR on this file along with certified copies of all related documents may Does not arise. be furnished (Requested to return the file after taking copies for this applicant).
1 (d): Further, kindly state with certification, the present status on the above file along with certified copies of all relevant documents may be furnished (Requested to return the file after taking copies for this applicant).
2 (a): Kindly state with certification, whether any D.P. & A.R. 2 file has been sent to DP & AR with regard to the (Personnel Wing) 3 approval of Thiru K. Ayyapaan, UDC in PPCL, to be received the said absorbed as Legal Assistant in Law Department file from the Law may be furnished (Let the information be in Yes of Department for No format). advice regarding appointment of Legal Assistant.
The said file has 2 (b): If yes, date of receipt of the above stated file been received in along with certified copies of all related documents D.P. & A.R. including any legal opinion of the 2. Law (Personnel Wing) on Department (if any), specifically to be furnished. 16.11.2020. An amount of 40/-
(Rupees Forty only) may be remitted to the Cashier, Chief Secretariat (Estt.) on any working day to receive the available documents.
2 (c): Further, kindly state with certification, the The information
complete subsequent action on this file by the sought for is not
Power Secretariat along with certified copies of all available with the
relevant copies of the documents specifically to be Public Information
furnished. Officer.
2 (d): Further, kindly state with certification, the present status on the above file along with certified copies of all relevant copies of the documents specifically to be furnished.
Being dissatisfied, the complainant filed a First Appeal dated 11.03.2023. The FAA vide its order dated 10.04.2023, held as under:-
"Aggrieved of the response to the first query, this first appeal has been preferred. From the copy of reply dated 30.01.2023 furnished by the PIO, Power Secretariat, enclosed with the first appeal, it is clear that the said file had been referred to AR wing and not to the DPAR. The applicant instead of sending his query to AR wing, sent it to DPAR with the other query. So, the reply furnished by the PIO of the DPAR could not be faulted. However, the 4 PIO is directed to transfer the Q.1 to AR wing immediately, preferably within a week from the date of receipt of this order under intimation to the applicant."
In compliance of the FAA order dated 10.04.2023, the CPIO furnished a reply to the complainant on 10.04.2023 stating as under:
"Pursuant to the directions of the First Appellate Authority vide Order second cited, a copy of the above referred RTI application is transferred herewith, together with enclosures, under Section 6(3) of the Right to Information Act, 2005 with a request to furnish the requisite information in respect of Sl. No.(1) of the RTI application, since no part of the information as sought for by the applicant is available with the undersigned and the subject matter is more closely connected and held by your Public Authority. The requisite information may be furnished directly to the applicant, under intimation to this Public Authority.
The applicant has paid the prescribed fee of ₹ 10/- (Rupees Ten only) in the form of Court Fee Stamp as affixed in the RTI application."
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Shri Rathinavel D, PIO present through video-conference.
Respondent submitted that reply along with relevant inputs has already been provided to the Appellant and again in compliance with the FAA's order.
Complainant stated that he has received the requested information on 08.02.2022 and does not wish to pursue this matter, any further.5
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, finds no scope of action in this matter and dismisses the instant Complaint as withdrawn.
The Complaint is dismissed accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अशिप्रमाशणत सत्याशित प्रशत) (R K Rao) Dy. Registrar 011- 26181827 Date: 23-02-2024.6