2022 Supreme(Online)(CIC) 5263
के(cid:7008)(cid:7076)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:6981),मुिनरका
Baba Gangnath Marg, Munirka नई (cid:7408)द(cid:7016)ली, New Delhi – 110067 ि(cid:7367)तीय अपील सं(cid:6990)या/ Second Appeal No. CIC/NITRK/A/2020/698014 In the matter of:
Dharmendar Pandey … अपीलकता(cid:6981)/Appellant VERSUS बनाम CPIO, …(cid:7079)ितवादीगण /Respondent National Institute of Technology, Sector 1, Rourkela, Odisha -769008 Relevant dates emerging from the appeal:
| R TI Application filed on | : | 12.09.2020 |
| CPIO replied on | : | 09.12.2020 |
| First Appeal filed on | : | 05.11.2020 |
| First Appellate Authority order | : | 24.12.2020 |
| Second Appeal received on | : | 28.12.2020 |
| Date of Hearing | : | 25.05.2022 |
Appellant: Absent (Despite being served hearing notice)
Respondent: Shri. Uttam Kumar Biswal, Assistant Registrar, NIT Rourkela PIO, NIC Sundergarh
ORDER
Information sought:
The Appellant filed an online RTI Application dated 12.09.2020 seeking information on the following twenty two points:
1) “Highest Level (according to 7th CPC)/highest grade pay (according to 6th CPC) to which compensatory leave provided.
2) Certified copy of all rules in which point 1 is specified.
3) The authority which approves compensatory leave.
4) Certified copy of all rules in which point 3 is specified.
5) Time duration to avail of the compensatory leave.
6) Certified copy of all rules in which point 5 is specified.
7) The maximum limit for the accumulation of compensatory leave.
8) Certified copy of all rules in which point 7 is specified.
9) Amount of mobile phone allowance provided to teaching employees according to their Grade Pay (GP)/Academic Grade Pay (AGP)/Level.
10) Certified copy of all rules in which point 9 is specified.
11) Amount of mobile phone allowance provided to non-teaching technical employees according to their GP/Level.
12) Certified copy of all rules in which point 11 is specified.
13) Amount of mobile phone allowance provided to non-teaching non-technical employees according to their GP/Level.
14) Certified copy of all rules in which point 13 is specified.
15) Amount of internet allowance provided to teaching employees according to their Grade Pay (GP)/Acadmic Grade Pay (AGP)/Level.
16) Certified copy of all rules in which point 15 is specified.
17) Amount of internet allowance provided to non-teaching technical employees according to their (GP)/Level.
18) Certified copy of all rules in which point 17 is specified.
19) Amount of internet allowance provided to non-teaching non-technical employees according to their (GP)/Level.
20) Certified copy of all rules in which point 19 is specified.
21) Name of all allowance and facilities provided to teaching employees, non-teaching technical employees, and non-teaching, non-technical employees according to their post group (group-A, group-B, group-C) and grade pay (level in 7th CPC) with the amount of allowance.
22) Certified copy of all Rules through which the name of all allowance and facilities are provided in point no. 21.”
The CPIO vide online reply dated 09.12.2020, informed to the Appellant as under:
“Q1-8: Information not available.
Q9-14: Information provided as attachment.
Q15-20: Nil
Q21-22: Information is available in the website of Department of Expenditure, Ministry of Finance, GOI at the link http://doe/gov/.in/seventh-cpc-pay-commission.”
Being dissatisfied, the Appellant filed a First Appeal dated 05.11.2020. The First Appellate Authority vide online reply dated 24.12.2020, informed as under:
“Information has been provided by the CPIO on 09.12.2020.”
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice.
The Respondent submitted that they have adequately and categorically responded to the instant RTI Application vide reply dated 09.12.2020. Upon being queried by the Commission regarding the compensatory leave rules, to which the respondent submitted that since the NIT Rourkela is an autonomous institution, it has its own rules and regulations and there is no mention about the compensatory leave rules in the said rules, therefore, no information is available with the respondent with respect to the instant RTI Application.
A written submission has been received by the Commission from Shri. Uttam Kumar Biswal, Assistant Registrar & PIO, NIT Rourkela vide letter dated 24.05.2022, wherein the Commission has been apprised as under:

Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that an adequate reply with respect to the instant RTI Appl