CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/000949/3672
Appeal No. CIC/SG/A/2009/000949
Relevant Facts
emerging from the Appeal:
Appellant : Dr. V P Singh
Reader in Statistics,
DEME, NCERT,
Sri Aurvindo Marg,
New Delhi-110016.
Respondent : Ms. Piya Thakur
Dy. Secretary & PIO
National Council for Education Research and
Training,
Sri Aurbindo Marg,
New Delhi-110016.
RTI application filed on : 13/01/2009 PIO replied : 18/02/2009 First appeal filed on : 23/02/2009 First Appellate Authority order : Not Mentioned Second Appeal received on : 28/04/2009
The Appellant in his RTI Application has sought information regarding his appointment in
which he wanted to know that about the rules and regulation by which he had been appointed
in NCERT and name of the officer who appointed him and his designations and related
details. He also wanted to know whether the Hon’ble Lt. Governor or the U. P.
Administration has authority to penalize him when he was in public service and does it a
punishable offence under Indian Penal Code, if the Director of NCERT penalizes him. He has
also asked for the certified relevant documents.
S.No Information Sought PIO’s Reply
1. Name and designation of the officer who Notification No. 12-1/85-EC dated
had appointed the applicant and certified 24.10.1986 has been provided.
copy of the legal rule, which follows the
article 309 of The Constitution of India.
2. Which rule covers the applicant’s public It has been said under the
service like service rule of U P Promulgated Act 46 of NCERT on
Administration or the Service Rule of 12.5.1971 that for all the matters for
NCERT. Certified copy of the service which there is no provision or
manual which follow article 309 of Indian insufficient provision in these
Constitution. regulations, the relationship between
the council and its employee shall be
regulated by the Govt. rules and
regulations as contained in:
a) the P & T compilation of
Fundamental and
Supplementary Rules
b) Civil Service Regulation.
c) The Central civil services
(Classification Control and
Appeal) Rules,
3. Has the Hon’ble Lt. Governor or the The Central Civil Services and other
Director of NCERT right to penalize the relevant rules and regulations
applicant when he is in Public Service? together with amendments and orders
Give the copy of the certified copy of the issued by the Govt. of India to said
service manual which is in compliance with Rules & Regulations from time to
the article 309, 399 of the Indian time. The applicant will have to
Constitution. remain under the rules of the NCERT
during his tenure in NCERT as he has
been directly appointed vide
notification no. 21-1/2001-E.I on
05.2.2001. In this regard the council
has earlier provided information vide
notification no. 12.1/85-EC dated
29.7.1994.
4. Is it a punishable offence under Indian The applicant has been penalized
Penal Code if the Director of the NCERT under the promulgated act 46. Not
penalizes the applicant? Give the details of under Indian Penal Code or Indian
the ruling of Indian Penal Code and the Constitution.
Indian Constitution in this regard.
The First Appellant Authority’s Order:
Not Mentioned.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Dr. V P Singh
Respondent: Ms. Piya Thakur, PIO
The PIO has given information based on records. The appellant states “The NCERT has
informed that the applicants appointing authority is Director to NCERT. In this regard the
appellant states that as per NCERT Rule 41 and 15 the post of Director is no illegible to
become the appointing authority. Also the post of Director NCERT does not fulfill the
requirement of Article 309 of Indian Constitution to become the Authority. The Government
of India DOPT (rule making agency) on CCS Conduct and CCS-CCA Rules has informed
that Dr. V.P.Singh is not covered by the CCS rules and regulations, in view of regulation 46-
D. The NCERT has informed to the appellant that he has been awarded penalty neither under
provision of IPC or Indian Constitution.”
The appellant is raising issues about what he perceives as illegal and unconstitutional acts by
public authority. Information under Right to Information has been provided to him as per
records and he will have to go elsewhere to agitate the points he wants to make.
Decision:
The appeal is dismissed.
The information has been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
12 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(GJ)