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Decision No. CIC/SM/A/2011/000456/SG/15639
Appeal No. CIC/SM/A/2011/000456/SG
Appellant : Mr. Rajendra Singh
C-3/4, NAPS Township
Narora, Bulandshehar,
U.P - 202 389
Respondent : Mr. S. K. Srivastava
CPIO & Dy. Chief Engineer(Project),
Nuclear Power Corporation of India Limited,
Central Information Office
12-N-11, V S Bhavan,
Anushaktinagar, Mumbai - 400 094
RTI application filed on : 27/04/2009
PIO replied : 03/06/2009
First Appeal filed on : 04/06/2009
First Appellate Authority order : 07/07/2009
Preliminarily:
The Appellant had filed an RTI Application dated 11/07/2007 with the CPIO and received a reply
dated 02/08/2007. This matter was disposed off under File no. CIC/WB/A/2007/01461-SM dated
17/04/2009.
Brief facts:
The Appellant through his application under the RTI Act dated 27/04/2009 sought certain information on
5 points/queries. The Appellant had sought certain clarifications on the Reply dated 02/08/2007 of the
CPIO. He has sought the copies of the entire note sheets concerned with the action taken by the
department prior to initiation of the investigation against him and copies of all office orders in his case.
He has also sought copies of the appointment orders of the Investigation Committee and all note sheets
concerned in that case, copy of the investigation report and copies of letters sent by the CPIO to the Dy.
GM (HR) for seeking his opinion in the matter.
CPIO Reply:
The CPIO through his reply dated 03/06/2009, stated that the information sought in points 1 to 4 of the
RTI application do not fall under the purview of the RTI Act, as the CPIO is not expected to create
information.
With regard to point no. 5, the CPIO stated that the correspondence between the CPIO and the DGM
(HR) are internal correspondence ad does not fall under the purview of the RTI Act.
Grounds for First Appeal:
The Appellant stated that he did not receive satisfactory response from the CPIO.
Order of the First Appellate Authority:
The First Appellate Authority in his order stated that the CPIO in vide letter dated 18/05/2009 has already
provided the copies of the file notings related to termination, revocation, closure of probation, suspension
and promotion in respect of the Appellant as per the decision of the CIC dated 17/04/2009 in File no.
CIC/WB/A/2007/01461-SM.
Grounds for Second Appeal:
The Appellant is not satisfied from the CPIO's Reply.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Rajendra Singh ;
Respondent: Mr. S. K. Srivastava, CPIO & Dy. Chief Engineer(Project) on video conference from
NIC-Mumbai City Studio;
The information as per records has been provided to him and he has also been given inspection of
the records. The Appellant has a grievance that he was suspended because of the criminal charge against
him. He claims that through he has been exonerated in the court he was shown as suspended for long
period because of which he did not get promotion.
Decision:
The Appeal is disposed.
The information available on the records has been provided.
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
14 November 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)