Central Information Commission
Manzoor Ahmad War vs Power Development Department Ut Of J & K on 2 December, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/PDDJK/A/2024/600090.
द्वितीय अपील संख्या / Second Appeal No. CIC/PDDJK/A/2023/656823.
Shri Manzoor Ahmad War. ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, ...प्रतिवादीगण /Respondent
Power Development Department UT of J & K.
Date of Hearing : 29.11.2024
Date of Decision : 29.11.2024
Chief Information Commissioner : Shri Heeralal Samariya
Second Appeal No. CIC/PDDJK/A/2024/600090
Relevant facts emerging from appeal:
RTI application filed on : 18.09.2023
PIO replied on : NA
First Appeal filed on : 17.10.2023
First Appellate Order on : NA
2ndAppeal/complaint received on : 03.01.2024
Second Appeal No. CIC/PDDJK/A/2023/656823
Relevant facts emerging from appeal:
RTI application filed on : 03.03.2022
PIO replied on : NA
First Appeal filed on : 13.09.2022
First Appellate Order on : NA
2ndAppeal/complaint received on : 30.12.2023
(1) द्वितीय अपील संख्या / Second Appeal No. CIC/PDDJK/A/2024/600090
Information soughtand background of the case:
The Appellant filed an RTI application dated 18.09.2023 seeking information on following points:-
"1/ That pertinent to mention here that a complaint was lodged by the undersigned against Mohammad Shafi Wani, the then Chairman District Page 1 Level DPC PDD/PDC (Superintending Engineer EM&RE Wing North Circle Sopore) before the SSP Crime Branch Srinagar regarding illegally/ fraudulently promoted non deserving Class-IV officials/employees as "Meter Readers" (Executive Cadre) abusing of official position and violation of SRO-381 of 1981 (The J&K PDD Subordinate Service Recruitment Rules of 1981) vide his Order No. SEN/M&RE/6th-Level DPC/176 of 2019, Dated; 28-05-2019.
2/ That as per report of SSP Crime Branch Srinagar addressed to Principal Secretary to Government, PDD (J&K) copy of report of SSP enclosed. In the subsequent Para of enquiry report that designation of Meter Reader of the said promotes/officials has been discontinued by Chief Engineer (EM&RE) Wing Kashmir vide his letter No.CE/M&RE/9122-26/DPC, Dated: 01-06-2019, but factually the illegal designation of Meter Reader has not been discontinued as all the promotees are still working as Meter Readers and no one illegally promoted employee reverted to his/her original lower grade. Etc."
PIO, Power Development Department UT of J & K vide letter dated 27.09.2023 transferred the instant RTI Application to KPDCL, Srinagar.
Aggrieved by non-receipt of any information from the CPIO within the time limit, the Appellant filed a First Appeal dated 17.10.2023 which was not adjudicated by the FAA.
The CPIO vide letter dated 15.12.2023 stated as under:-
"I am directed to forward herewith a copy of joint RTI application of Mr. Manzoor Ahmad War S/o Wali Mohammad War R/o Khowaja Bagh, Baramulla, Shri Abdul hamid Mir s/o Bashir Ahmad Mir R/o Boniyar and Shri Gh. Rasool Shah s/o Gh. Nabi Shah ro Buchan Uttersoo Shangas seeking information under RTI Act 2005 with the request to kindly provide the information under section 19(1) of the RTI Act 2005 directly to the applicant within a stipulated time frame under an intimation to this department."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 21.11.2024 has been received from the CPIO, Power Development Department UT of J & K and same has been taken on record for the perusal. The relevant extract whereof is as under:
I am directed to refer your notice bearing No. CIC/PDDJK/A/2024/600090 dated 01.11.2024, regarding the subject cited above and to submit that the department had received an RTI application from Mr. Manzoor Ahmad War, S/o Wali Mohammad War, R/o Boniyar and Sh. Ghulam Rasool Shah, S/o Sh. Ghulab Nabi Shah, Page 2 R/o Buchan, Uttersoo, Shangus on 20.09.2023 and vide this Department's letter dated 27.09.2023, the said RTI application was transferred to the CPIO of the office of Managing Director, KPDCL under section 6(3) of the RTI Act, 2005.
Thereafter, on 03.11.2023, the applicants had filed an appealed before First Appellate Authority in the office of the Principal Secretary, Power Development Department. Since the First Appellant Authority was in the Office of the Managing Director, KPDCL, as such, vide this Department's letter No. PDD-RTI/47/2023-05-PDD dated 15.12.2023, the copy of said appeal was forwarded to the First Appellate Authority, Office of the Managing Director, KPDCL, Srinagar for providing information under RTI Act 2005 directly to the applicants within a stipulated time period. Now, after receiving the Notice from the Hon'ble Commission, immediately, vide this Department's letter dated 20.11.2024, (copy enclosed), the First Appellant Authority in the Office of the Managing Director, KPDCL, Srinagar has been requested to intimate as to whether the requisite information has been provided to the applicants. If not, provide the same to the information seeker within 24 hours under an intimation to the Chief Information Commission. Thus, the department/CPIO, PDD has taken timely action on the RTI application and there is no delay on part of the Administrative Department in the matter.
(2) द्वितीय अपील संख्या / Second Appeal No. CIC/PDDJK/A/2023/656823.
Information sought and background of the case:
The Appellant filed an RTI application dated 03.03.2022 seeking information on following points:-
"1/ Kindly refer your Letter No. CE/KPDCL/51200-04/AS, dated: 20/03/2021 in which it has been surfaced that gross violations have been done in DPC's held by the Chairman District Level DPC's (Superintending Engineer) O&M, KPDCL, Circle Bijbehara/ Pulwama/Ganderbal/Sopore 2/ The undersigned/s have sought some information under RTI Act 2005 regarding that whether the SRO 381 of 1981 (The J&K PDD Subordinate Service Recruitment Rules of 1981) authorizes/permits DPC Convenor to allot designation "Meter Reader" to an official/incumbent (Executive Cadre) having qualification of Matric while granting promoting from the Pay Scale (2610-3540) PR to the Pay Scale of (3050-4910) PR through DPC.
3/ Whereas, in compliance to Chief Engineer Distribution's Letter No. CE/D/KPDCL/Adm- III/RTI/33528-43 dated: 02/02/2021 the concerned Chairman District Level DPC's (Superintending Engineer) O&M, KPDCL, Circle Bijbehara/Pulwama/Ganderbal/ Sopore has furnished / replied in to the questioned para of RTI application that the method for recruitment for appointment / promotion of Meter Reader is not fairly provided in SRO 381 of 1981 as such it seems difficult to clarify the query raised in RTI application. The reply of the concerned SE's / Chairman District Level Page 3 DPC's has clearly indicated that the post of "Meter Reader" (3050-4910) PR being filled by the DPC amongst the Matriculate incumbents of Class- IV carrying pay scale of (2610-3510) PR has resulted full of ambiguities and violation of rules. Copies of which are enclosed herewith for reference at Annexure A. B. C. D. Etc."
Aggrieved by non-receipt of any reply from the CPIO within the time limit, the Appellant filed a First Appeal dated 13.09.2022 which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 21.11.2024 has been received from the CPIO, KPDCL and same has been taken on record for the perusal. The relevant extract whereof is as under:
In reference to aforementioned communication, please find enclosed the point wise /para wise reply with regard to 2nd appeal of RTI filed by applicant Manzorr Ahmad War S/o Wali Mohammad War Rio Khowja Bagh Baramulla as received from O&M circles (District Level DPC offices) for favour of information and necessary action at your end. Besides, the previous 2nd appeal filed by RTI applicant, Shri Manzoor Ahmad War on 29.04.2024 which was disposed by the Central Information Commission, New Delhi is also appended for your perusal and kind information.
PIO has furnished reply dated 21.11.2024 as under:
Point-wise/Para-wise Reply received from the concerned Circles vide references shown here under is enclosed and the copy of the same stands provided to RTI Seeker, directly by the concerned offices as well.
i) KPDCL Circle Bijbehara's No. SE/O&M/Bij/As/5114-18 dated.21.11.2024.
ii) KPDCL Circle Pulwama's No. SEP/Adm/5534-35 dated. 21.11.2024
iii) KPDCL Circle Sopore's No. SE- N/4718-19 dated.21.11.2024
iv) KPDCL Circle Ganderbal's No. SE/O&M/GbI/As/3760-63 dated. 21.11.2024.
v) KPDCL Circle Ist Srinagar's No.SE1/KPDCL/5961-63/GC dated. 21.11.2024.
1. The incumbents in the pay scale of 2610-3540 PR / (4440- 7440)+1400 Grade Pay possessing Matriculation qualification have been considered for promotion as Meter Readers 3050-4590 PR/ Page 4 (5200-20200)+1900 GP upto the year 2010 by the Chairman Divisional Level DPC (Chief Engineer EM&RE Wing Kashmir) and onwards upto 2018 by this Circle as per the past practice adopted by the Department, thereafter none of the employees possessing the said qualification have been promoted after issuance of Government Order No. 181-PDD of 2018 Dated. 13-08-2018. Further the process has been properly convened by the District Level Departmental Promotion Committee headed by the Chairman & Other Members nominated by the Government/ Department from time to time, so the question of violation does not arise at all.
ii. The post of Meter Readers 3050-4910 PR were being filled by the DPC amongst the Matriculate incumbents carrying the pay scale of 2610-3540 PR as per the past practice which has been abandoned by the Govt. Vide order No. 181-PDD of 2018 dated 13.08.2018. As already mentioned at para (i) above, no violation has been done on part of District Level DPC, the promotion of incumbents in the pay scale of 2610-3540 PR have been promoted as Meter Readers 3050-4910 PR strictly on the basis of seniority list issued from time to time. iv. As already clarified in above paras, the District Level DPCs have been conducted and promotion orders issued thereafter under proper procedure communicated by the higher ups from time to time, as such the question of identifying and communicating the names of Officers / Officials responsible for any violation dose not arise at all. V. None of any illegal/ undue promotion has been accorded to any of the official to the post of meter Reader by this office as already mentioned at point IV above.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: Mr. Ajad Muzaffar, Technical Officer, KPDCL, Srinagar and Mr. Shyam Lal, US, Power Development Deptt Srinagar.
PIO, Power Development Department stated that the information sought by the PIO is voluminous in nature and same is spread over various files. He further stated that the matter relates to KPDCL, Srinagar and accordingly the RTI Application was transferred to the KPDCL.
PIO, KPDCL, Srinagar stated that the information sought in both the RTI Applications are similar in nature and information as available in their record has been duly provided to the Appellant.
Decision:
Since the Appellant in the aforementioned Second Appeal is the same, the cases are combined together for final hearing and disposal.
Page 5 At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in these cases under the RTI Act.
Matters are disposed of accordingly.
Heeralal Samariya (हीरालाल सामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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