Central Information Commission
CIC/AD/A/2010/001010
Dated August 23, 2010
Name of the Appellant : Mr. Sudarshan Nayak
Name of the Public Authority : ICMR, New Delhi
Background
1. The Applicant filed her RTI application Request on 04.02.2010, with the PIO ICMR, New Delhi
seeking information against 5 points including whether any order had been issued by DOPT or
ICMR to ban the posting of Stenographer, LDC & groupD Staff and whether any age relaxation has
been given for the appointment of a project employee (NNMP staff) at RMRC, BBSR? If yes, he
wanted a copy of the order. The PIO replied on 22.03.2010 providing point wise information while
enclosing a rule 4 of the RRs for technical staff providing for one time age relaxation to candidates
working in projects in ICMR Instt./Centre. Not satisfied with this reply, the Applicant filed his First
Appeal on 10.04.2010 seeking correct information regarding ban on posts of Stenographers and
LDC. The Admin Officer, ICMR replied on 03.05.2010 informing the Applicant that there is no such
order issued by DOPT or ICMR to ban the posting of Stenographer, LDC & Group D. He added that
orders of DOPT dated 09.04.2009 are being implemented. Still not satisfied the Appellant filed his
Second Appeal before the Commission on 21.05.2010 seeking the correct information and stating
that he has been working as LDC in Regional Medical Research Centre, Bhubaneswar, Orissa since
1985. He is the senior most LDC of the Institute and is entitled for UDC/steno post. He also stated
that before new RRs for Stenographer/Assistants are notified and without prior approval of HQ, the
Director, RMRC, Bhubaneswar had arbitrarily appointed the NIN, NNMB staff attached to RMRC,
Bhubaneshwar as stenographer though the person is 46 years old. As per RR for Stenographer, age
should not exceed 25 years. He added that the Applicant for the post of stenographer is not entitled
for any age relaxation. The Rule4 of RR provided on time age relaxation to candidates working in
projects in ICMR Institutes/Centres is applicable for Technical Staff only.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for August 23,
2010.
3. Mr. Satinder Pal Singh, Admin Officer, Mrs. Shobha Rani, Sr. AO and Mrs. Anita Nanda, Assistant
represented the Public Authority.
4. The Appellant was heard through Audio Conferencing during the hearing.
Decision
5. The Respondent refuted the contention of the Appellant that the Director, RMRC, Bhubaneswar had
gone against rules and had appointed the NIN & NNMB staff as stenographer though the person was 46 years
old. He stated that the Assistant DG in his letter dated 17.02.2010 addressed to the Director; RMRC, after
obtaining the necessary approval from the DG on a file noting, had intimated the Director RMRC the DG of
the Council had agreed in principle to give one time age relaxation to all the staff of long term projects.
Accordingly, the proposal for relaxation of age for appointment of Mr. D.K. Mohanty to the post of
Stenographer in the scale of pay of Rs. 40006000 at RMRC, Bhubaneswar was approved as also his being
considered as a departmental candidate for this purpose. The Respondent produced the letter dated
17.02.2010 by ADG before the Commission.
6. The Commission after hearing both sides directs the PIO to provide the attested copy of the letter
dated 17.02.2010 along with a copy of the relevant file noting signed by DG, to the Appellant by 26.09.2010.
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Sudarshan Nayak,
Quarter no E11, RMRC Campus,
Regional Medical Research Centre,
Chandrasekharpur,
Bhubaneswar 751023
2. The Public Information Officer,
Indian Council of Medical Research,
V. Ramalingaswami Bhavan
Ansari Nagar,
New Delhi
3. The Appellate Authority,
Indian Council of Medical Research,
V. Ramalingaswami Bhavan
Ansari Nagar,
New Delhi
4. Officer in charge, NIC