CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 F.No.CIC/YA/A/2015/001700 Date of Hearing Date of Decision : : 20.01.2016 20.01.2016 Complainant/Appellant : Ms. Punam Pandey Bokaro Respondent : CPIO Damodar Valley Corporation Kolkata Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from complaint/appeal: RTI application filed on : 24.09.2013 CPIO replied on : 18.12.2013 First Appeal filed on : 24.12.2013 First Appellate Authority (FAA) order on : 17.12.2013 Complaint/ Second Appeal received on : 29.08.2014 Information sought:
The appellant sought 9 point of information regarding recruitment for the post of Management Trainee (P&A) as under: 1. Name of the person who conducted the scrutiny of the applications for the post of Management trainee(p & A) bearing Post no. 2010/01. 2. Whether Shri Suneel Kumar, Asstt. Manager (HR), BTPS was selected as MT (P&A) after proper verification of his qualification for the post. 3. Whether Shri Suneel Kumar possess 2 years full time with HR/IR/PM as main subject in MBA. 4. As per vacancy notification for the post No. 2010/01, the selected candidates were required to acquire desirable qualification within probation period of one year failing which the probation period was to be extended upto 2 years. whether this stipulation of the vacancy notification was followed while confirmation of Shri Suneel Kumar. 5. Whether Sri Suneel Kumar obtained the desirable qualification before his confirmation to the post of Asstt. Manager(HR). 6. Whether the post of DGM(HR) or DGM exists at BTPS. 7. If the post of DGM(HR) is sanctioned at BTPS then how Shri M K Srivastava, DCE (E) has been posted against the post of DGM vide O.O.No.PL(T)(A)/posting-(A)/Pt.- 11-2012-1199 dated 06.09.2013. 8. Whether Shri M K Srivastava, DCE(E) is having any HR qualification or having previous experience in HR Management. 9. Why the senior most Sr. Manager(HR) was not given the officiating to the post of DGM (HR) instead imposing a non professional person to the post of DGM. Background of the case: In this RTI application dated 24.09.2013, CPIO vide his letter dated 29.10.2013 denied the information in respect of Point No. 1 by taking the plea of personal information u/s 8(1)(j) of the RTI Act, 2005. Whereas in respect of point No. 2 to 3 and 5 to 9 it is informed that it is not information as per section 2(f) of the RTI Act, 2005. Regarding point No. 4, information was furnished. Not satisfied with response of CPIO, the appellant filed first appeal on 15.11.2013. FAA vide his order dated 17.12.2013 upheld the stand of CPIO and observed that the requisite information has been provided to the appellant by the CPIO which appears that it has not been received by the appellant and directed the CPIO to send a copy of the same to the appellant by Registered post within 7 days. In a written submission by the CPIO it is stated that decision of FAA was communicated to the appellant on 17.12.2013. Relevant facts emerging from hearing: Both the parties are absent. The appeal is adjudicated on merits. Decision:-
On perusal of record, the Commission finds that the information on Para 1 is a personal information and exempted u/s 8(1)(j) of the RTI Act, 2005. The information sought on Para 2 to 9 are all information as defined u/s 2(f) of the RTI Act, 2005. Hence, divulgence of the information is mandatory. Sec 2(f) of the RTI Act, defines Information as follows: information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; A bare perusal of the above provision reveals that plea of the respondent is incorrect. The Commission hereby directs the respondent to provide information to appellant except on Para 1, which is a personal information, within 2 weeks of receipt of this order, under intimation to the Commission. The appeal is disposed of accordingly. The appeal is disposed of accordingly. (Yashovardhan Azad) Information Commissioner Authenticated true copy or Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission. (B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Central Public Information Officer Senior Manager & CPIO, Damodar Valley Corporation, DVC Towers, 5 th Floor, V.I.P. Road, Kolkata-700054 (West Bengal). Smt. Punam Pandey Assistant (Grade-I), DVC + 2 High School, CTPS, Quarter No. : F-5/6, DVC Colony, Chandrapura-828403. Bokaro (Jharkhand).