CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2010/000426
Dated, the 27 October, 2010.
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Appellant : Shri Raj Kishore Mahto
Respondent : Bharat Coking Coal Limited
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This matter came up for hearing through videoconference (VC) on
04.10.2010 pursuant to Commission’s notice dated 09.09.2010.
Appellant was present through his Counsel, while the respondents were
represented by Shri B. Singh.
2. Appellant’s RTIapplication dated 12.08.2009 sought from the CPIO
the reasons for not giving him (the appellant) increment in pay. He also
wanted to have the rules and instructions governing the procedure for
granting increments.
3. CPIO, through his reply dated 27.08.2009, informed appellant
about the dates on which increments were given to him. As regards the
rules and circulars, CPIO stated that it was not readily available to be
provided to the appellant. Through another letter, dated 20.10.2009,
CPIO again informed appellant that the circulars and the rules about
increments were not available with the Department. Through his other
letter dated 19.02.2010, a further set of information connected with
increments were supplied to inform appellant whether the increment was
due.
4. CPIO wrote to him again on 14.04.2010 in the same matters.
5. Appellate Authority passed an order dated 19.04.2010.
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6. It is fairly obvious that the appellant has been using the procedure
established under the RTI Act for settlement of a grievance which he
seems to be nursing against the public authority about grant of
increments. During hearing, it was stated on behalf of the respondents
that there were no specific rules about increments which was followed in
this department/public authority. Whatever was there, has been provided
already to the appellant.
7. Although, I would have very much liked the public authority to
provide to the appellant the rules which were followed for giving
increments to its employees, I take due cognizance of their statement that
they do not have in their control any such rules or circulars.
8. My advice to the public authority is while increments are important
to the employees of the organisation, it would also be in the interest of
their morale and functioning of the public authority that such rules are
prepared and made generally available for the information of the
employees.
9. I, however, accept the position expressed by the respondents that
there was no further action due in this matter. Appellant should not expect
to receive his increment by filing RTI appeal.
10. Appeal disposed of with these directions.
11. Copy of this direction be sent to the parties.
( A.N. TIWARI )
CHIEF INFORMATION COMMISSIONER
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