Bookmark
PDF
Share
CaseIQ

Prashant Kumar Vidya... v. Central Public Infor...

Central Information Commission

Jun 19, 2020

Judgment

Subsequent
References

CaseIQ

Smart Summary (Beta)

Summary of Opinion — Central Information Commission (Selected File Numbers)

Factual and Procedural Background

The opinion records a series of Right to Information (RTI) requests, second appeals and complaints filed by a complainant/appellant against the Technology Development Board (TDB) concerning multiple subjects. The requests (each identified by a File No.) sought a wide range of documents and information, including but not limited to:

Details of an inquiry, suspension and termination of contractual employees (e.g., an inquiry against 15 contractual employees and termination of 5 contractual employees).
Formats and legal basis for Office Orders, and questions about validity of unsigned or initialed orders issued by a division (Legal Division).
Payments of salary and allowances to contract and temporary employees for specified months (multiple months in 2018 and 2019).
Details of agreements entered into by TDB for financial assistance (company names, project titles, costs, assistance sanctioned and related minutes of Board meetings) for fiscal years 2015-16 through 2018-19 (till Sept. 2018).
Copies of advertisements for recruitment of Scientists and other posts, recruitment procedures, shortlists, appointments and queries about whether laid down rules were followed.
Communications to internal divisions for inputs on RTI replies, lists of officials and roles, terms of reference of committees, and information about employee-related court cases.
Personal administrative queries such as late bank credits, authorisations, House Building Advance (HBA) approvals, Form 16 issuance and other payroll-related documentation.
Grievances that the Central Public Information Officer (CPIO) did not provide the desired information.

The opinion records that these matters reached the Commission as second appeals/complaints because the CPIO had not provided the desired information (expressly stated as the grounds for the second appeals/complaints).

Procedurally, the applicant (complainant/appellant) submitted written submissions dated 12.06.2020 in which he sought to withdraw a number of the listed appeals/complaints, referencing a prior Commission direction about refraining from filing multiple RTIs with the same public authority. The Commission considered the written withdrawal and subsequently accepted it.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Commission's reasoning and procedural analysis as recorded in the opinion is concise and limited to the following steps and findings (derived strictly from the text):

The record notes the ground for the second appeals/complaints: "The CPIO did not provide the desired information." (Paragraph 20).
The applicant submitted written submissions dated 12.06.2020 requesting withdrawal of a number of his second appeals/complaints. In those submissions the applicant referred to a decision of the Commission in his earlier second appeals/complaints against the Department of Science and Technology and indicated compliance with the Commission's direction to refrain from filing multiple RTIs with the same public authority (Paragraph 21).
The applicant specifically listed the file numbers he wished to withdraw in the submission (these file numbers are reproduced below under "Withdrawn File Numbers").
On consideration of the written withdrawal application, the Commission accepted the withdrawal and "hereby closes the above mentioned cases." (Paragraph 22).
The Commission recorded the procedural outcome succinctly: "The cases are disposed of accordingly." (Paragraph 23).

The opinion contains no extended legal analysis, statutory interpretation, or discussion of precedent; it records the procedural facts, the withdrawal application and the Commission's administrative acceptance of that withdrawal.

Holding and Implications

CORE RULING: The Commission accepted the applicant's withdrawal application and closed the specified appeals/complaints. WITHDRAWAL ACCEPTED; CASES CLOSED AND DISPOSED OF.

Direct Implications

The specific second appeals/complaints listed by the applicant were administratively closed by the Commission.
The procedural disposition means those closed matters are no longer pending before the Commission as recorded in this opinion.

Broader Implications

The opinion does not discuss or pronounce any broader legal precedent. It records an administrative, case-specific disposition based on the applicant's voluntary withdrawal; no new precedent is stated or established in the text.

Withdrawn File Numbers (as listed by the applicant)

The applicant's written submission dated 12.06.2020 listed the following file numbers for withdrawal. These are reproduced exactly as they appear in the opinion:

CIC/TDEVB/C/2019/635769
CIC/TDEVB/C/2019/637743
CIC/TDEVB/C/2019/638134
CIC/TDEVB/C/2019/638493
CIC/TDEVB/C/2019/639402
CIC/TDEVB/C/2019/123739
CIC/TDEVB/C/2019/642309
CIC/TDEVB/C/2019/127061
CIC/TDEVB/C/2019/643556
CIC/TDEVB/C/2019/646639
CIC/TDEVB/C/2019/647294
CIC/TDEVB/C/2019/652244
CIC/TDEVB/A/2019/659946
CIC/TDEVB/C/2019/659952
CIC/TDEVB/A/2019/659990
CIC/TDEVB/C/2019/661582
CIC/TDEVB/A/2019/661583
CIC/TDEVB/C/2019/661601
CIC/TDEVB/C/2019/635995

Disposition

As recorded in the opinion:

The Commission accepted the withdrawal application (Paragraph 22).
Accordingly, "The cases are disposed of" (Paragraph 23).

This summary is confined to the information contained in the provided opinion. No additional facts, interpretations or inferences beyond the text have been added.

Show all summary ...

1. The complainant has sought the following information:

1. An inquiry was initiated against 15 contractual employees by illegally suspending them by the person against whom the alleged complaint was made. Provide the rules under which such action was taken.

2. Provide convenient date and time to examine the files relevant to the suspension of 15 contractual employees, inquiry conducted by the Internal Inquiry Committee and termination of 5 contractual employees. Also provide extract of relevant portion of noting file/correspondence file.

File No. CIC/TDEVB/C/2019/637743

2. The complainant has sought the following information:

1. Prescribed format for issuing an Office Order. Whether it can be issued without any reference number and with sd/- in place of signature by a division, namely Legal Division, without signature. Whether it has got any legal validity, if yes, under which rule.

2. TDB in its 52 Board Meeting had freezed the number of contractual employees at 21. Mention the grounds on which additional contractual employees have been appointed by Dr. Bindu Dey. Confirm whether settlement of own appointed staff by Dr. Bindu Dey was the prime reason behind torturing and termination of the other contract employees who were working for so long to the full satisfaction of the organisation.

3. The Board in its 52 meeting had approved finalization of a comprehensive manpower plan. Inform the action taken by the organization on it.

4. And various other information.

File No. CIC/TDEVB/C/2019/638134

3. The complainant has sought the following information:

1. Complete note of payment of salary and other allowances to contract employees for the month of April, 2018 till October, 2018 as required under Section 4(1)(b)(x) of the RTI Act.

2. Complete note of payment of salary and other allowances to contract employees for the month of January and February, 19.

3. Complete note of payment of salary and other allowances to TEMPORARY (including Scientist & TA) employees for the month of June, 2018 to December, 2018.

4. And various other information.

File No. CIC/TDEVB/C/2019/638493

4. The complainant has sought the following information:

1. Details of agreements signed during 2015-16, 2016-17, 2017-18 and 2018-19 (till September, 18) with name of company, project title, total cost, assistance sought, assistance sanctioned, sector wise, State-wise, details, etc.

2. Extracts of Minutes of Board Meetings where the Board has given its approval for sanctioning loan assistance to all the companies with whom TDB signed agreements during 2015-16, 2016-17, 2017-18 and 2018-19 (till September, 18).

3. And various other information.

File No. CIC/TDEVB/C/2019/639402

5. The complainant has sought the following information:

1. Copy of the advertisement published by TDB in the year 2017 regarding selection of Scientists.

2. Copy of the advertisement published by TDB in the year 2017 regarding selection of Section Officer, Under Secretary & Director/Dy. Director.

3. And various other information.

File No. CIC/TDEVB/C/2019/642309

6. The complainant has sought the following information with reference to RTI reply dated 03.05.2019:

1. Copy of communication issued to Legal Division for input with copy of input received from them may be provided w.r.t RTI No. 50011.

2. Copy of communication issued to Project Coordinator for input with copy of input received from them may be provided w.r.t RTI No. 50012.

3. Copy of communication dated 21/02/2019 issued to Project Divisions for input with copy of input received from them may be provided w.r.t. RTI No. 50015.

4. And various other information.

File No. CIC/TDEVB/C/2019/643556

7. The complainant has sought the following information:

1. Confirm whether the laid down rules and procedures were taken into consideration in TDB, if yes, copy of all the advertisements published w.r.t. the post of Under Secretary, Section Officer and Scientists during 2016-17 and 2017-18 category wise, say deputation, contract and/or absorption.

2. Details of applications received and shortlisted under each category for specific posts in 2016-17 and 2017-18.

3. Details of appointments made against various categories in 2016-17 and 2017-18. Specifically mention the category published and category in which appointment made and on what grounds.

4. And various other information.

File No. CIC/TDEVB/C/2019/646639

8. The complainant has sought the following information:

1. Details of all the court cases initiated by ex-officials of Technology Development Board (TDB) (regular/contract) since inception of TDB in the year 1996 till April, 2018 and specify grounds of these court cases and final decision of court of law in respective cases

2. Provide report of the Committee constituted for EOC in 2016-17 along with action taken on recommendations

3. Certified signed copy of the contract between the complainant and TDB for the year 2017 and 2018.

File No. CIC/TDEVB/C/2019/647294

9. The complainant in his complaint has stated that he was not satisfied with the information provided to him on query Nos. 1, 3 and 4:

1. Provide the reason for providing wrong information in reply to Point No. 10 of RTI number 50021. Provide copies of Show Cause Notices dated 09/07/2018 and 12/07/2018 which were issued in context to email conversation with US, TDB along with relevant approval date.

3. Provide the reason for updating the DOE EPFO on 31/08/2018 with relevant note portion and details of individuals involved while knowing that the matter is SUB-JUDICE before Honorable Delhi High Court as it is contempt of Court.

4. As per the note date 14/08/2018 of Vanusri V, the release of one month pay should be considered from the date of issue of termination letter which was approved by Bindu Dey on 04/09/2018 and the termination was issued by US on 05/09/2018. Provide the reason for not releasing 5 days salary till 05/10/2018 of the complainant along with 4 other employees. Provide relevant note portion mentioning the name of the person who has stopped the payment.

File No. CIC/TDEVB/C/2019/652244

10. The complainant has sought the following information:

1. The complainant's bank account statement shows a credit entry from Technology Development Board for an amount of Rs. 5562/- dated 16/07/19. Provide the reason of crediting such an amount to the account of the complainant after almost 10 months of termination.

2. After the termination of the complainant vide letter dated 05.09.2018, he did not authorize any official of the organization to access his account details. Provide information with documentary proof about the authorization for the same.

3. And various other information.

File No. CIC/TDEVB/C/2019/635995

11. The complainant has sought the following information:

1. Copy of the approval taken by Bindu Dey for getting HBA from TDB. If not, what action has been taken for the act of mis-conduct for overruling the laid down procedure.

2. Cost of the house purchased by Bindu Dey with details of relaxations taken, if any.

3. And various other information.

File No. CIC/TDEVB/A/2019/123739

12. The appellant has sought the following information:

1. Certified copy of FIR, certified snapshot from computer of preparing the said noting with creation date, details of officials present on 22/04/2018 for discussion on the matter with certified document for their presence, criteria of defining essential services.

2. Specify rule under which Legal Division issued Show Cause Notice to employees.

3. Details of individuals who assumed the involvement of suspended staffs (despite denial) in the said complaint. Details of officials who were leaking information to the outsiders with proof may be provided.

4. And various other information

File No. CIC/TDEVB/A/2019/127061

13. The appellant has sought the following information:

1. Whether TDB has granted HBA to Dr. Bindu Dey.

2. Total amount of payment made to her.

3. Details of the officer who disbursed the amount to Mrs. Bindu Dey. Also provide the notings of drawing and disbursing officer.

4. And various other information.

File No. CIC/TDEVB/A/2019/659946

14. The appellant has sought the following information:

1. The appellant vide his e-mail dated 04/07/19 requested for issuance of his Form 16 for the financial year 2017-18 and financial year 2018-19 but even after more than 35 days and many reminders through mail and phone, he did not receive the same in hard copy. Provide the above mentioned Form 16 in original.

2. Provide copy of relevant documents wherein calculation towards preparation of Form 16 for the financial year 2018-19 was made which must include details of month-wise salary, allowances and other payment made, if any.

3. And various other information.

File No. CIC/TDEVB/A/2019/659952

15. The appellant has sought the following information:

1. Copy of terms of reference of the Committee on employee on contract, headed by Dr. M.R. Kulkarni for its meeting held in February, 2017.

2. Copy of the roles and responsibility and authorized work profile of Sh. Akshay Lal and Ms. Nalini Negi as ALO.

3. Copy of roles and responsibility and authorized work profile of Under Secretary, TDB

4. And various other information.

File No. CIC/TDEVB/A/2020/659990

16. The appellant has sought the following information:

1. Details of month-wise expenditure, with average number of consignments booked through speed post for the months of June-October, 2018 with a copy of the notice of discontinuation of services received from Department of Post, if any.

2. Details of month-wise expenditure, with average number of consignments booked, on Courier bookings for the month of January-September, 2019.

3. Details of medium of issuance of reply of his first RTI dated 16/05/2018 whether by Speed Post or by Courier, etc.

4. And various other information.

File No. CIC/TDEVB/A/2020/661582

17. The Appellant has sought the following information:

1. Copy of Report of Financial Audit for the FY 2017-18 already laid before Parliament as confirmed by CPIO in reply to RTI Application.

2. List of candidates shortlisted for the post of Project Coordinator, ALO and Technical Assistant in 2019.

3. List of candidates selected for the post of Project Coordinator, ALO and Technical Assistant in 2019 with details of remuneration offered to selected candidates.

4. And various other information.

File No. CIC/TDEVB/A/2020/661583

18. The appellant has sought the following information:

1. The appellant was provided the list of officials with remuneration paid to them in reply to his RTI Application No. 50069. Provide the names of officials involved in the preparation of details about remuneration with documentary proof.

2. Provide the copy of approval granted on the recommendations of the Selection Committee, which selected Akshay Lal and Arpita.

3. Copy of processing note w.r.t his RTI Application no. 50069 along with copy of order issued and reply received from concerned division against point number 14 of the said RTI application.

4. And various other information.

File No. CIC/TDEVB/A/2020/661601

19. The appellant has sought the following information:

1. Recruitment Rules w.r.t engagement of Scientist, say - Deputation, failing which by Contract, failing which by Absorption. Confirm whether laid down rules were followed in recruitment of Scientists in 2017-18.

2. Panel of candidates is created only to fill the gap, if any, of the selected candidate do not join the post but when all the three selected appointees have joined the organisation, then the need of appointing another person from the panel may be specified. Provide approval of Chairman, TDB for appointment of Tarun Jain, as Scientist D as 4 Scientist against three sanctioned posts.

3. Tenure of previous employment of Tarun Jain as his records says that he has been unemployed at the time of applying in TDB.

4. And various other information.

Grounds for Second Appeals/Complaints

20. The CPIO did not provide the desired information.

DECISION:

21. The applicant vide letter dated 12.06.2020 sent his written submissions and submitted that reference to the decision of the Commission in his second appeals/Complaints against Department of Science and Technology, and in compliance with the Commission's direction about refraining from filing multiple RTIs with the same public authority, he wants to withdraw the following appeals/complaints as listed below:

File No. File No. CIC/TDEVB/C/2019/635769 CIC/TDEVB/C/2019/637743 CIC/TDEVB/C/2019/638134 CIC/TDEVB/C/2019/638493 CIC/TDEVB/C/2019/639402 CIC/TDEVB/C/2019/123739 CIC/TDEVB/C/2019/642309 CIC/TDEVB/C/2019/127061 CIC/TDEVB/C/2019/643556 CIC/TDEVB/C/2019/646639 CIC/TDEVB/C/2019/647294 CIC/TDEVB/C/2019/652244 CIC/TDEVB/A/2019/659946 CIC/TDEVB/C/2019/659952 CIC/TDEVB/A/2019/659990 CIC/TDEVB/C/2019/661582 CIC/TDEVB/A/2019/661583 CIC/TDEVB/C/2019/661601 10 CIC/TDEVB/C/2019/635995

22. In respect of the above submissions, the Commission accepts the withdrawal application of the applicant and hereby closes the above mentioned cases.

23. The cases are disposed of accordingly.