Central Information Commission
Mr. N.K.Aggarwal vs O/O The Assistant ... on 11 December, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002604/5849
Appeal No. CIC/SG/A/2009/002604
Relevant Facts emerging from the Appeal:
Appellant : Mr. N.K.Aggarwal
R/o G-7, Ground Floor,
Plot no. 10, Sector-10, Manish Plaza-II,
Dwarka, New Delhi
Respondent : Dr. Madhulika Sharma
Public Information Officer & Assistant Director Govt. of NCT of Delhi O/o the Assistant Director(Chemistry), Home Department-Forensic, Science Laboratory, Madhuban Chwok, Sector-14, Rohini, New Delhi RTI application filed on : 26/06/2009 PIO replied : 22/07/2009 First appeal filed on : 17/08/2009 First Appellate Authority order : 15/09/2009 Second Appeal received on : 17/10/2009 Date of Notice of Hearing : 29/10/2009 Hearing Held on : 11/12/2009 The Appellant had sought following information from PIO, Home Department-Forensic:
Sl. Information Sought PIO's Reply
(a) Provide the information that "What are the steps taken Requisitions for filling of the vacant posts have by the department to fulfill the vacancies in the FSL, been sent to the UPSC/DSSSB as applicable. Rohini, Delhi to facilitate quick investigation into Candidates for some of the posts have been criminal cases" after making of submission by the selected and their appointment is under process. Principle Home Secretary Mr. O.P.Kelkar, when he The applicant may obtain copies of the specific appeared before a bench of Justice T.S.Thakur and documents required from this office on payment Justice S.N.Aggarwal" and also provide the true copy of Rs.2/- per page. of the notification/ circular/ order etc. on the basis of which, information is to be provided.
(b) Provide the notification that "How many people are 85 employees and 41persons on the contract working at present in the criteria of absorption by the basis are working in FSL, it is not clear what office of FSL,Rohini, Delhi with specified designation, the applicant means by "specified designation"; and how many are on deputation and how many are no person working on deputation and all of 85 permanent, with the years of experience in specific employees are regular; no compiled data is field." available on the years of experience in specific field.
(c) Provide the information that how many officials, those 09 officials who are on deputation were were on deputation, were absorbed by the officials of absorbed in FSL as per court orders. The FSL, Rohini, Delhi and what is the criteria of applicant may specify the document of which absorption of officials on deputation, kindly provide the copy is required. copy of the procedure of absorption of deputed Official Parent officials. Kindly provide the information that from department Page no. 1 of 4 which department, the deputed officials originally Dr.V.K.Goyal,Director CFSL/CBI, New belongs and whether any permission is required prior to Delhi absorption from the principle office, provide the Mr. Rajendra Verma, LNJN, NICFS, notifications/ circulars/ guidelines etc, on the basis of AD delhi which, procuration of staff on deputation is to be done, Mrs. Deepa Verma, GEQD, Shimla and absorption of deputed officials, what is procedure AD(Documents) of giving promotion to the absorbed deputed official at Dr. Madhulika FSL, Jaipur the deputed office. Who is the authority, who can pass Sharma,AD(Chemistry) order for the appointment on deputation and also for the Mr. K.C.Varshney, AD Delhi Police absorption of deputed official at the deputed office. (Ballilstics) Mr. A.K. Shirvastava, FSL, Patna AD (Bio) Dr. Dhruw Sharma, FSL, Lucknow SSO (Bio) Mrs. Shashi Bala, SSA Delhi Police (Bio) Mr. Min. of Finance V.Shankaranarayanan, SSA (Bio) NOC from parent department is required for absorption. Deputation, absorption, promotion of absorbees are governed by DOPT.
(d) Provide the information that if the vacancies shall be It is a hypothetical question and is not covered opened/created, then on what basis, the same shall be under the definition of "information" under fulfilled, like whether on the basis of old RRs of New Section 2(f) of the RTI Act, 2005. RRs for the post of Senior Scientific Officer. Kindly provide copy of RRs.
(e) Provide the information that whether there exist, a The amendment of RRs is done as per specific procedure for the amendment/ revision of the discussion with UPSC and as per DOPT, Govt existing Rules and Regulation for appointment, of India's guidelines which are not "information promotion etc. and also provide the true copy of the held by FSL." procedure.
(f) Provide the information that who is the appointing The appointing authority for Senior Scientific authority in the office of FSL Delhi for the appointment officer is the Lt. Governor. Delhi and for Sr. of Senior Scientific Officer or Senior Scientific Scientific Assistant is the Chief Secretary, Assistant, kindly provide the true copy of the Delhi. The application may specify the constitution, bye law, circulars, notifications etc. on the document of which copy is required. basis of which, a person can be appointed in the FSL Delhi.
(g) Provide the information that whether there is a The deputation of an officer is governed by procedure for the appointment of an officer on DOPT, Govt. of India's guidelines which are deputation, if yes, then whether there is a specified time not "information held by FSL:"
period or maximum time period of stay at the deputed place, kindly provide the true copy of the guidelines/notifications/circulars etc issued with regard to deputation.
(h) Provide the information that how many times Rules and The applicant has not specified the post regulation for the appointment, Promotion etc has been regarding which he desired information.
amended/revised till date. Kindly provide the true copy of all notification of Rules and Regulations.
(i) Provide the information that what is the procedure of The applicant has not specified the post appointment of any person in the FSL, Rohini, Delhi regarding which he desired information.
(j) Provide the detailed information about the different No such data is compiled.
designated officers/ staff working in FSL, Rohni and also about their salaries, nature of work, duties, Page no. 2 of 4 facilities available to them, responsibilities, working hours, accountabilities, etc. on the basis of which information is to be given like notifications/circulars/guidelines/office order etc.
(k) Provide the information that how can be appointed as Some experienced Assistants were empowered Reporting Officer, How many reporting officers are to work as reporting officers by the Home working in FSL. Rohini, Delhi what is the procedure of department, Govt. of NCT of Delhi at particular appointment as Reporting Officer, about their duties times in public interest; at present 08 SSAs are and responsibilities, how many cases can be reported by reporting cases; duties of these reporting each reporting officer per month in various divisions of officers are to examine and report cases and FSL, Delhi attend court evidence as expert witness; they can report maximum number of cases.
(l) Provide the information that how many reports have 43889 cases have been reported as on been prepared and submitted by the FSL, Rohini, Delhi 31.05.2009 and 5150 cases are pending as on in the courts and how many cases are pending for applicant may specify the document of which examination and for preparation of report. Is there any copy is required. fixed number of case have been marked to each testing official/ reporting officer, which has to be done by him/ her per month, and also provide the true copy of the documents, on the basis of which information is to be given like notifications/circulars/guidelines/ office order etc.
(m) Provide the information, whether any guidelines / The vacant posts are being filled through notifications/ circular etc have been passed/ circulated UPSC/DSSSB/FSL. to deal with the situation of scarcity of staff in FSL, Rohini, Delhi and to deal with the increasing of pendency of the cases for examination before the FSL, Rohini, Delhi.
(n) Provide the information that whether there is any time There is not time limit. The second part of limit for the examination of samples/ case property, if query is not covered under the definition of not, then what the department is doing to fix a particular information under Section 2(f) of RTI Act. time limit for the finalization of report and for the examination of the samples.
(o) Provide the information that what the office of Director It is a hypothetical question and is not covered is doing to allocate equal works among the all officials under Section 2(f) of RTI Act. working at the office of FSL, Rohini, Delhi.
First Appeal:
Incomplete information was provided. Moreover certified copies were also not provided.
Order of the FAA:
"The Appellant has stated that he has received incomplete replies to his queries for information in his original applications. The undersigned has gone through the records of the case, contentions of the appellant as well as PIO and directs that the PIO may supply the following additional information to the Appellant within a period of seven days:
a) Copies of advertisements taken out for filling up of posts.
b) Copy of orders of High Court of Delhi regarding absorption of staff and clarification regarding source of information for guidelines for deputation, absorption etc.
c) Information regarding procedure for amendment in Recruitment Rules.
d) Copies of old and amended recruitment rules for the posts of Sr. Scientific Assistant up to Assistant Director."
PIO's Reply after FAA's order on 15/09/2009:
The PIO gave additional information after the order of the FAA were as follows:
Page no. 3 of 4 "a) Copies of advertisements taken out by the Union Public Service Commission. DSSSB and Home Department for filling up various vacant posts by deputation and direct recruitment are enclosed.
b) Copy of orders of the High Court of Delhi regarding absorption of staff that was on deputation is enclosed. The deputation, absorption, promotion etc of staff is governed by the rules/guidelines framed by the Department of Personnel & Training. Ministry of Personnel, Public Grievances & Pensions, Government of India which are not "information held by FSL". These rules/guidelines are freely available in published form and/or on the website of Government of India.
c) Amendment in recruitment rules in respect of any post in this laboratory is either proposed by FSL or the Home Department. Govt of NCT of Delhi, which is the controlling department for this laboratory, Draft of the revised rules is got vetted by the services department of this Government and after obtaining approval of The Lt. Governor. Delhi is sent to Union Public Service Commission for advice. After consideration of the advice of Union Public Service Commission, the rules are notified after the approval of the Lt. Governor, Delhi.
d) Recruitment rules were first framed in 1997 and 1998. These have been revised in 2008. Copies of the old and the revised recruitment rules for the posts of Senior Scientific Assistant up to the post of Assistant Director in various Divisions are enclosed."
Ground of the Second Appeal:
Incomplete information was provided. Moreover certified copies were also not provided.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. N.K.Aggarwal;
Respondent : Dr. Madhulika Sharma, Public Information Officer & Assistant Director;
The Appellant would like to inspect the files relating to the amendments of the RR's which were done in 2008. The PIO is directed to ensure that all the files relevant to this are made available to the Appellant on 22 December 2009 at 12.00noon when the appellant will visit the office of the PIO for inspecting.
Decision:
The Appeal is allowed.
The PIO will facilitate an inspection of the documents and give attested photocopies of the any of the documents that the appellant wants free of cost upto 300 pages.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 11 December 2009 (In any correspondence on this decision, mention the complete decision number.)(RM) Page no. 4 of 4