Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2010/000106
Name of the Appellant : Dr. J.M. Lall
Name of the Public Authority : Indian Council of Agricultural
Research (ICAR), New Delhi.
ORDER
Dr. J.M. Lall, retired Senior Scientist, hereinafter known as the
Appellant, filed an application dated 05.08.2006 before the Secretary, Indian
Council of Agricultural Research, New Delhi seeking to know the decision of
the ICAR regarding the status of the Five Yearly Assessment Form which was
sent by him in response to a communication of ICAR dated 26-4/ 14.5-1992.
The CPIO by his letter dated 3.7.2007 informed the Appellant that in spite of
best efforts the relevant file/ assessment paper submitted to ICAR/ASRB are
not traceable. Not satisfied with the reply, the Appellant filed an appeal before
the Director General ICAR on 12.7.2007. This was disposed of by Shri A.K.
Upadhyay, Addl. Secretary DARE and Secretary ICAR/First Appellate
Authority on 7.8.2007, wherein with a view to redress the grievance of Dr.
J.M. Lall, he was requested to provide a copy of the assessment papers that
he had forwarded so that the process of assessment is initiated de-novo.
In his second appeal submitted before the Commission, the Appellant
submits that subsequent to submission of his assessment papers originally,
he had followed it up with 16 reminders. The reminders were sent to ICAR at
varying intervals and at different levels in spite of which the decision of the
Council was not communicated to him. He therefore submits that the
Respondent be asked:
a) to submit action taken on the assessment papers in connection with
Five Yearly Assessment in response to ICAR letter No. F.No.82(16)/89-Per.III
dated April, 22 / 14th May, 1992.
b) Action Taken Report on the 16 reminders sent by the Appellant to
the ICAR regarding the Five Yearly Assessment and;
c) Action Taken /Report on the 4 representations sent by the Appellant
to the DARE regarding his assessment.
The matter was heard on 1.06.2010.
The Appellant was not present.
Shri J. Ravi, Deputy Secretary (Personnel), ICAR Hqrs, Krishi Bhawan
was present on behalf of Respondent Public Authority.
During the hearing Shri J. Ravi submits that even though the original
file was not traceable, with a view to redress the grievance of Dr. J.M. Lall, Dr.
Lall was requested to provide a copy of the assessment order which he had
forwarded earlier on 12.7.2007. On 24.9.2007 instead of forwarding a copy
of the earlier information, Dr. J.M. Lall furnished a resume for the assessment
which was not in the prescribed format that was sent in 1992 by ICAR. This
was clarified to him by a letter dated 9.1.2008. In a written statement, the
Respondent submits that:-
“In response on 15.1.2008 Dr. J.M. Lall had mentioned that he was not
a regular Scientist of the ICAR and was on deputation and no specified format
is required in such cases. This was also subsequently clarified vide our letter
of 21.1.2008. On 6th February, 2008 Dr. J.M. Lall requested the ICAR to
forward the papers as sent by him to the ASRB. Accordingly, all the available
papers were sent to the Board on 7th March, 2008. Subsequently the Board
had called for the ACRs of Dr. J.M. Lall for the period of his assessment due
from 1.7.1981. Since Dr. J.M. Lall was on deputation in another department
during that period our efforts to get his ACRS did not meet with any success.
The ASRB after initial scrutiny had responded on 16.6.2008 that the papers
sent are incomplete and as per rules they have expressed their inability to
consider his assessment. A final reply on this issued was given to Dr. Lall on
26th June, 2009”.
The Respondent submits that there has been no intentional delay on
their parts. The initial delay occurred because of certain facts beyond control
and lack of clarity and was not in no way a deliberate attempt to harass or
deny the information.
After hearing the Respondent and on perusal of relevant documents on
files, the Commission directs the Secretary, ICAR to get an inquiry conducted
by a senior official into the alleged non-traceability of the desired information
and to complete the inquiry within 30 days on receipt of this order and take
suitable action to fix responsibility and accordingly provide the inquiry report to
the Appellant.
With these observations/directions the matter is disposed of.
(Sushma Singh)
Information Commissioner
1.06.2010