CENTRAL INFORMATION COMMISSION
Appeal No.2946/ICPB/2008
F. No. PBA/2008/00125
October 22, 2008
In the matter of Right to Information Act, 2005 - Section 19
[Hearing on 13.10.2008 at 11.30 a.m.]
Appellant: Mr. Irfan Khan
Public authority: National Library
Dr. R. Ramachandran, Principal Library & PIO
Mr. M. Kabasi, Sr. Admn. Officer & Appellate Authority
Parties Present: For Respondent:
Dr. R. Ramachandran, Principal Library
Mr. M. Kabasi, Sr. Admn. Officer
Mr. Irfan Khan-Appellant.
FACTS
:
The appellant has sought information under RTI Act by his letter dated
13.7.2007 addressed to the Sr. Admn. Officer & PIO, National Library, Kolkata
regarding status of the post of Library & Information Assistant in the Library.
The PIO by his letter dated 10.8.2007 has given his reply to the RTI application.
Not satisfied with this reply the appellant preferred first appeal on 23.8.2007
before Director and Appellate Authority and the AA has disposed of the appeal
on 21.9.2007 stating that the appeal of the appellant is under way of discussion
with Ministry of Law, Justice and Company Affairs, Kolkata for their legal opinion.
Aggrieved with the reply the appellant preferred this appeal before the
Commission on 7.1.2008. Comments were called for from the public authority
vide letter dated 28.2.2008.
DECISION:
2. I have gone through the RTI application and other replies received in this
connection.
The case is regarding redesignating the post of Library & Information
Assistant in the National Library. According to the PIO, since the appellant has
been given some increase in the pay his post was designated as Sr. Library and
Information Assistant, whereas he has not yet been designated till the
amendment is carried out in the Recruitment Rules which is pending for final
decision in the DOPT. During the hearing, the appellant has shown the Annual
Report of the Library, post is being mentioned as Sr.Library & Inforamtion
1
Assistant in GCS Group B Non-gazetted and non-ministerial and he has stated
that the Circular of the Department speaks differently.
The appellant says he has received notification in the year 1992 by which
he has been designated as Sr. Library and Information Assistant. The appellant
is of the view he has been given the status of Sr. Library and Information
Assistant and CPIO is of the view that he has not yet been given an order to that
effect by the National Library.
The appellant is also requesting for the information regarding the proposal
submitted to Ministry of Culture for amendment of recruitment rules. In this
connection some exercise is going on from 1992 onwards. The CPIO has stated
that the proposal was submitted to Ministry of Culture and the Ministry has
submitted the proposal to DOPT.
Therefore, if the appellant is aggrieved he is at liberty to go through the
whole file regarding both the posts which are coming Group B as well as Group
C in the office of CPIO, National Library at Calcutta and he can also request for
the relevant copies which is related to his case. Hence, I direct the CPIO to
provide all the correspondence which they have exchanged with their Ministry as
well as DOPT and the file containing all the correspondence regarding the
redesigation of the post of Library and Information Assistant who are drawing
pay-scale of Rs.5,500/- to the appellant on a mutually convenient date and time
so that he can request for relevant copies. After obtaining information if he is not
satisfied he has to seek legal remedy from the relevant legal forum. If he feels
he has to be designated as Sr. Library and Information Assistant or otherwise, he
has to take up those issues before the relevant legal forum and not under RTI
Act.
On these lines, the appeal is 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. Dr. R. Ramachandran, Principal Library & PIO, National Library,
Belvedere, Kolkata-27
2. Mr. M. Kabasi, Sr. Admn. Officer & Appellate Authority, National Library,
Belvedere, Kolkata-27
3. Mohd. Irfan Khan, Library 7 Information Assistant, National Library,
Kolkata-700027
2