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2025 Supreme(Online)(CIC) 2854

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
NITIN AGGRAWAL – Appellant
Versus
PIO, National Productivity Council – Respondent
CIC/NPRCL/A/2024/605824



Advocates:
For the Appellant: Nitin Aggrawal
For the Respondents: Amitava Ray, Jaikaran

The Right to Information Act mandates timely responses to requests, with non-compliance potentially leading to appeals, but ultimately compliance can negate further intervention.

Headnote:(A) Right to Information Act, 2005 - The appellant sought information regarding the actions taken in response to his communication concerning discrimination in promotion and wrongful disposal of representation by National Productivity Council. The CPIO initially stated the information was not available, leading to a first appeal. During the hearing, the Commission noted that further information was provided by the Respondent on 18.06.2024, explaining the delay. (Paras 8-10)

(B) Commission's observation - It was determined that there was a substantial delay in responding to the RTI request, but the CPIO ultimately complied by providing necessary information, hence no intervention was warranted by the Commission. (Para 11)

Facts of the case:
The appellant filed multiple RTI requests regarding the status of his complaint against discrimination in promotions, initially receiving unsatisfactory responses but later receiving detailed information from the NPC.

Findings of Court:
The delay in providing information was noted, but it was acknowledged that the CPIO had ultimately furnished the requested details.

Issues: The main issue was the non-furnishing of complete information related to the appellant's complaint.

Ratio Decidendi: The Commission determined that the subsequent provision of information rendered the need for further intervention unnecessary, as the CPIO complied with the requirements of the RTI Act.

Result: The appeal is disposed of accordingly.

Table of Content
1. appellant's rti application and dissatisfaction with initial replies. (Para 1 , 2 , 3)
2. details on the dpc and promotion-related communications. (Para 4 , 5 , 6)
3. commission's evaluation of the delay and final disposition of the appeal. (Para 8 , 9 , 10 , 11)

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/NPRCL/A/2024/605824 NITIN AGGRAWAL .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, National Productivity Council, Utpadakta Bhawan, 5-6, Institutional Area, Lodhi Road, New Delhi – 110003 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 10.07.2025 Date of Decision : 17.07.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 01.12.2023 CPIO replied on : 27.12.2023 First appeal filed on : 11.01.2024 First Appellate Authority’s order : 07.02.2024 2nd Appeal/Complaint dated : 11.02.2024 Information sought:

1. The Appellant filed an RTI application dated 01.12.2023 (online) seeking the following information:

“I am writing to seek information under the provisions of the Right to Information Act, 2005 , regarding the status and actions taken in response to my communication addressed to the Secretary, DPIIT &

Chairman, NPC, and the Honorable Commerce and Industry Minister. &

President of NPC.

In my initial letter/email dated 04th June 2023, I brought to the attention of the Chairman and President on the matter concerning an appeal against discrimination in promotion and the alleged wrongful disposal of my representation by the National Productivity Council. After that, I sent follow-up letters/emails on the following dates: 24th July 2023, 11th September 2023, 04th October 2023, and 02nd November 2023 (copy enclosed).

I would appreciate it if you could provide me with detailed information on the actions taken, progress made, or any decisions reached in response to my aforementioned communications. Additionally, if there are any documents, records, or correspondences related to this matter, I kindly request copies of the same.

I believe that transparency and accountability are essential in ensuring the effective functioning of government bodies, and as a concerned citizen, I am exercising my right to seek information on this matter.

Please treat this request with urgency, and your prompt response will be highly appreciated. If any fees are applicable for providing the requested information, kindly inform me of the same.

Thank you for your attention to this matter, and I look forward to a timely and comprehensive response.”

2. The CPIO furnished a reply to the Appellant on 27.12.2023 stating as under:

“In this regard, it is informed that the information sought is not available with the undersigned.”

3. Being dissatisfied, the appellant filed a First Appeal dated 11.01.2024.

The FAA vide its order dated 07.02.2024, upheld the reply of CPIO.

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not Present.

Respondent: Shri Amitava Ray, GH (Admin) & CPIO and Shri Jaikaran, Legal Executive present in person.

5. Latest reply dated 18.06.2024 of the Respondent are taken on record and the same is reproduced hereinbelow:

“1. On 28th March 2023, DPC was conducted in NPC for Promotions to the posts of Deputy Director General, Director Grade-I, Director-Il & Deputy Director. In this context, representations have been filed by you, to DPIIT., alleging discrimination in promotion in the above mentioned DPC.

2. In this context, a committee chaired by Joint Secretary. DPIIT examined papers relating to the promotions made and came out with certain recommendations.

3. Further, during the 114th GB meeting of NPC held on 26th February 2024 at Vanijya Bhawan, New Delhi at 11.00 a.m, this DPC matter was placed.

4. The 114th GB directed that:-

i. Appropriate timelines shall be drawn up and adopted in regard to promotion interviews in future.

i

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