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Service rules applicable to SCOPE employees - CIC: Issue for determination is not whether SCOPE is a public authority or not; DPE to provide a revised reply incorporating general information related to the service rules applicable to SCOPE employees

7 Mar, 2022

Information related to the service rules applicable to SCOPE employees - CIC: The issue for determination is not whether SCOPE is a public authority or not, but it is to ascertain if the information sought for in the RTI Application is available with or under the control of DPE - CIC: DPE to provide a revised reply to the Appellant incorporating general information related to the service rules applicable to SCOPE employees; If such information is not readily available in recorded form, a categorical reply to this effect shall be stated

Information sought:

The Appellant filed an RTI application dated 07.07.2020 seeking the following information:

1. With regard to age of Superannuation, Service Norms and Recruitment in SCOPE:

a. What is the age of superannuation & age for continuity on roll in SCOPE and whether the same has been followed uniformly since 2009 in SCOPE?

b. What is the date of joining as per Terms of Appointment in SCOPE AND can a person be denied to join during that period if she/he comes to join SCOPE ?

c. What is the period of notice for release from service in SCOPE? Can a person be relieved on one day notice or same day, if so provision of norms thereon?

d. What have been recommendations of preliminary interviews held earlier in 2015 and the Selection Committee held on 29th January 2016 in SCOPE for the post of GM/DGM HR and Corporate Communication and approval thereon?

e. is there any person working on the roll of SCOPE who is above 60, if so, list of such cases and justification and for continuation on roll of SCOPE thereon?

2. With regards to Pay & Perks and conditions of employment:

a. What is the Grade Pay, Perks to a person joining SCOPE, deviations in the last 20 years with reasons?

b. What has been Grade Pay (as per 6th Pay Central) for the post of Head/GM-HR and Head-Corporate Communication and whether uniformly applied in all cases?

c. What has been the Pay and Perks given to ADGIDDG/DG, SCOPE? What was given in 2009 and changes or deviations if any with reasons? Similarly, during joining of DG in 2019 if terms of appointment changed reasons thereon?

d. Whether last pay and perks are protected in SCOPE? If so, only for persons coming after superannuation or even during active employment before 60? Details of cases protection granted and denied since 2009?

3. What has been the tenure of DG SCOPE and extensions given since 2009 with reasons, approving authority for appointment and extension thereon?

4. Can a person be ungraded or promoted after attaining the age of 60 in SCOPE, if so, details and provision of promotion rules thereon?

5. Whether departmental promotions were being conducted since 2018 onwards, if so details of promotions made and if not reasons thereon?

The CPIO furnished a reply to the appellant on 21.07.2020 stating as follows:-

“Para’s I (a), (b), (c) & (d):- CSR division does not maintain information regarding employees of SCOPE, their appointment and services conditions and therefore has no information to furnish in this regard.

Para’s II (a), (b), (c) & (d):- CSR division is not the custodian of the information sought by the applicant and therefore has no information to furnish in this regard.

Point III (1), (2)& (3):- CSR division is not the custodian of the information sought by the applicant and therefore has no information to furnish in this regard.”

Being dissatisfied, the appellant filed a First Appeal dated 01.08.2020. FAA’s order dated 17.08.2020 upheld the reply of CPIO. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present through audio conference.

Respondent: Kranti Kumar, Assistant Director & CPIO present through audio conference.

The Appellant stated that he is aggrieved with the denial of the information by SCOPE.

The CPIO submitted that the Appellant has been only informed about the factual position of the unavailability of said information with DPE and further urged that DPE does not exercise any administrative control over SCOPE except that one member of DPE is elected as an ex-officio member in the Executive Board of SCOPE and has one vote. Yet, they had written to the Chairman and other members of the Board with respect to the instant RTI Application and in response to which SCOPE had provided a reply to the Appellant on 04.08.2020 wherein it was emphasised that SCOPE is not a public authority as per section 2(h) “public authority” means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; of the RTI Act while also indicating that the RTI queries are in the form of seeking clarifications and seeks third party’s personal information.

Decision:

The Commission based on a perusal of the facts on record observes that concededly the information sought for in the RTI Application is more in the nature of seeking clarifications and requires inferences to be drawn by the Respondents, which is not in conformity with Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. The Commission also takes on record the assertion of the CPIO that he has already communicated with SCOPE on the subject, however, in the facts of the present case, it is relevant to bring out the provisions of Section 2(j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; and 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act which clearly stipulate that:

Section 2(j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; - “....“right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—...........”

Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; - “....“information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force...”

The issue for determination before this Commission is not whether SCOPE is a public authority or not, but it is to ascertain if the information sought for in the RTI Application is available with or under the control of DPE or whether DPE can access the same from SCOPE under any law for the time being in office.

Although, DPE has already liaised with SCOPE and vide its reply dated 04.08.2020, SCOPE has inter alia harped on the aspect of their amenability to RTI Act, but DPE has not clarified whether it can access the information from SCOPE as envisaged under Section 2(j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; & 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.

Adverting to the foregoing observations and according a liberal interpretation to the information sought for in the RTI Act, the Commission directs the CPIO, DPE to provide a revised reply to the Appellant incorporating general information related to the service rules applicable to SCOPE employees, that may answer the concerns raised by the Appellant in his RTI Application. In the event that DPE cannot access such information or if such information is not readily available in recorded form, a categorical reply to this effect shall be stated in the CPIO’s revised reply.

The above direction shall be complied with by the CPIO within 30 days from the date of receipt of this order under due intimation to the Commission.

The appeal(s) are disposed of accordingly.

Saroj Punhani

Information Commissioner

Citation: Pramod Kumar Sinha v. Department of Public Enterprises in File No: CIC/DPENT/A/2020/134217 & CIC/DPENT/A/2020/134216, Date of Decision: 24/01/2022

Service rules applicable to SCOPE employees - CIC: Issue for determination is not whether SCOPE is a public authority or not; DPE to provide a revised reply incorporating general information related to the service rules applicable to SCOPE employees

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