CENTRAL INFORMATION COMMISSION
Appeal No.2676 to 2678/ICPB/2008
F. Nos. PBA/2008/385 & 345
File No. PBC/2008/247
August 12, 2008
In the matter of Right to Information Act, 2005 - Section 19
[Hearing at 28.7.2008]
Appellant: 1. Mr. Iddya Umesh, Mumbai
2. Mr. Manohar Gupta, Mumbai
Public authority: National Institute for Research in Reproductive Health
Ms. Shanti Ganeshan, CPIO
Dr. Vrinda V.Khole, First AA
Parties Present: For Respondent:
Dr. Balaiah Donta, Deputy Director (Sr. Grade)
Ms. Shanti Ganeshan, LIO & CPIO
For Appellants:
Mr. Iddya Umesh
Mr. Manohar Gupta
DECISION
Both these appeals were taken together for hearing on 28.7.2008 since
they have been filed against the same public authority, viz., National Institute for
Research in Reproductive Health, Mumbai (“the Institute”) for same sort of relief.
The hearing was attended by the following officials:
Dr. Balaiah Donta, Deputy Director (Sr. Grade)
Ms. Shanti Ganeshan, LIO & CPIO
The appellants have also attended in person. After hearing the parties in detail
and after going through the records the matters are decided and disposed of as
under:
File No. CIC/PBA/2008/385: The appellant no.1, viz. Mr. Iddya Umesh,
has sought information under RTI Act by his application dated 26.10.2007
regarding information against two paras as under:
(i) Copy of guidelines, rules and eligibility criteria such as
educational qualification, experience, feeder cadre when
promotees from feeder cadre considered for the post of
Technical Officer during the period 1994 to 22nd March 2000;
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(ii) Details submitted to Indian Council of Medical Research, New
Delhi with reference to the letter NO. 73/2/i/12/86-RB-Pt-III
dated 13.9.2000.
The PIO vide letter dated 28.12.2007 has intimated the appellant that the
information will be provided as soon as possible. Before receiving any reply from
PIO, the appellant preferred appeal before the First AA on 26.11.2007. This
appeal has been responded by the Officer-in-charge on 28.12.2007 who has
assured the appellant for doing the needful for the remaining information.
Aggrieved the appellant preferred this appeal on 5.2.2008 before this
Commission. Comments were called for from the public authority vide letter
dated 12.5.2008 which has been received from CPIO vide letter dated 28.5.2008.
File Nos. CIC/PBA/2008/345 & CIC/PBC/2008/247: These are the
appeals filed by the appellant no.2, viz., Mr. Manohar Gupta regarding his
promotion against the same Institute. In these appeals also the issues involved
are the same that of the appellant in File No. CIC/PBA/2008/385 and the Institute
has given reply from the CPIO. However, there is no disposal from the Appellate
Authority.
2. I have gone through the RTI application and other replies received in this
connection. During the hearing, the CPIO has stated that the appellant has
asked for the seniority list of Lab Technician and Research Assistants and they
have been given to him. However, the appellant no.1 wanted to see the DPC
proceedings of 1994, 1998 and 2000, which will contain feeder cadre seniority list
of person who are considered for promotion and this the appellant can go
through. The appellant has also stated that the he has already got the
Recruitment Rules from ICMR and he has produced those RRs to Director of the
Institute along with his representation regarding his case since he has not been
given promotion since 1994. The whole point at issue is this person has not
been considered for promotion in 1994, 1998 and 2000. According to him, he is
eligible for being considered for promotion since he was in feeder cadre. As far
as this particular appeal is concerned though they have filed first appeal before
the then first AA, since he has already retired and new AA has taken over, there
seems to be no disposal of the appeal. The CPIO expressed her opinion that
she is not in-charge of administration and whatever she gets from the
Administrative Officer she has handed over the same to the appellant.
3. Hence, during the hearing it could not be understood what exactly the
appellant is requesting for, nor the CPIO was able to explain the matter. Apart
from this in both the cases they have filed appeals before the AA and the AA has
not disposed of these appeals by giving speaking orders. According to RTI Act,
both the CPIO and AA are designated authorities and they have to dispose of the
appeal within 30/45 days. During the hearing the CPIO has stated that she could
give information only that was made available to her and she is not in-charge of
the Department. Therefore she is not able to explain whether a person who has
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submitted application is in the feeder cadre or not. I, therefore, direct the Director
of the Institute, who is also the AA in these cases to give proper disposal after
giving a due hearing to both the appellants and CPIO and give a speaking order
within one month from the date of receipt of this decision. While considering the
appeal, the AA should take into consideration the representation made by the
appellant no.1 to the Institute along with a copy of the RR which he has obtained
from ICMR. Thereafter if they are not satisfied they can once again approach the
Commission. It has also been noticed the person whom the Institute has
appointed as CPIO could not manage the affairs of the RTI, hence, the Director
of the Institute should consider appointing a suitable officer as CPIO so that they
will be able to provide proper information to the applicants.
In these lines, all three appeals stand disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Ms. Shanti Ganeshan, CPIO, National Institute for Research in Reproductive
Health, Ministry of Health & Family Welfare, Merwanji Street, Parel, Mumbai –
400012.
2. The Director & First AA, National Institute for Research in Reproductive
Health, Ministry of Health & Family Welfare, Merwanji Street, Parel, Mumbai –
400012.
3. Mr. Iddya Umesh, Technical Officer, National Institute for Research in
Reproductive Health, Bio Statistics Department, J.M. Street, Parel, Mumbai-
400012.
4. Mr. Manohar G.Gupta, 214, Rakhangi Mahal, Block-12, Dr. A. B. Road, Worli,
Mumbai – 400018.
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