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Decision No. CIC/DS/A/2010/000202/SG/8441
Appeal No. CIC/DS/A/2010/000202/SG
Relevant Facts
emerging from the Appeal
Appellant : Dr. Sapna
Flat No. 1015, ‘A’ Block
Brigade Komarla Residency Appts,
Utarahalli Main Road, Chikkakallasandra
Bangalore — 560061.
Respondent : Mr. P. K. Tamrakar
PIO & Under Secy. Gov of India,
Ministry of Labour and Employment,
Shram Shakti Bhavan, Rafi Marg,
New Delhi
RTI application filed on : 31/07/2009
PIO replied : 02/09/2009
First appeal filed on : 23/09/2009
First Appellate Authority order : Not enclosed
Second Appeal received on : 08/12/2009
Sl. Information Sought Reply of the Public Information Officer
(PIO)
1. Furnish the criteria adopted by the Ministry of One cadre review has taken place for CLS
Labour and employment for effecting promotions Cadre since 1986.
to the various grades since 1986 in respect of CLS.
2. CLS being an organized group A’ services, whether The promotion of CLS officers are done in
features of organized group Services have been accordance with Recruitment Rules of CLS
adopted? If not why? and DPC guidelines.
3. Furnish necessary guidelines for DOPT for As above
promotion of organized group “A” service.
4. CLS being an organized group “A” service, The features of organized group ‘A’ services
whether features of organized group A services are being adopted as far as possible
have been adopted. If not why.
5. Furnish information about the exact reasons for not It does not constitute any information under
formulating the recruitment rules for CLS on par the RTI Act, 2005 because this platform is
with other organized group ‘A’ Services. meant to provide the information which
already exists.
6. Furnish information CLS has not been empanelled As above
in Central Staffing Scheme though it is an
organized group ‘A’ Services? Is there any proposal
for empanelling Central Labour Services under
Central Staffing Scheme.
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Grounds for the First Appeal:
1. A general reply was offered stating that the promotion of CLS Officers are done in accordance
with Recruitment Rules of CLS and DPC, guidelines
2. A clumsy/casual reply has been given by the Under Secretary stating that the features of
organized group ‘A’ Services are being adopted “as far as possible”.
3. The reply was offered stating that the same does not constitute any information under the RI
Act 2005 as the platform is meant to provide the information which already exists.
Order of the First Appellate Authority (FAA):
Not enclosed
Grounds for the Second Appeal:
Not satisfied with the reply of CPIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. P. K. Tamrakar, PIO & Under Secy. Gov of India;
Most of the queries of the appellant seek the reasons for not formulating recruitment rules and
such other matters. The respondent states that there are no specific records of these. However, DOPT
guidelines are certainly available for promotions. The Commission directs the PIO to furnish the DOPT
guidelines for promotion for organized Group-A services.
Decision:
The Appeal is allowed.
The PIO is directed to provide the DOPT guidelines as described above to the
appellant before 25 July 2010.
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
08 July 2010
(In any correspondence on this decision, mention the complete decision number.)(ARG)
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