Can I ask for proceedings of a selection Committee

[Ravindra]

I am a Physically Handicapped person and working as Sr Lib asstt. in IIM, Lucknow. In 2003 a post of Asstt. Librarian was advertised under the special recruitment drive for persons with disabilities. I was an applicant for the same. Selection committee met on 4.2.2004. But till date no appointment is made. I have asked several times about the outcome of committee from authorities but I never received any satisfactory reply. I was given to understand and I also firmly believe that I have been selected on the aforesaid post by the selection committee. Inspite of this fact, no appointment letter was issued to me till date. And I have been expecting the offer of appointment on the aforesaid post . When I did not receive any response, I was compelled to give my representation dated 12.05.2005 which was forwarded on 24.05.2005. It was disposed of by the Sr. Administrative Officer (Estt.) on 25.05.2005 on technical grounds i.e. questioning the period of validity of the selection and hence my representation of 12.05.2005 was not considered/decided on merits. In view of above I may know that How RTI can help me ? Can I ask for the proceedings/recommendations of the selection committee. Please help me.
Thanks.

[nile0611]

Instead of asking informaton directly, You can ask information in other way round i.e
1) Total Number selection held during the year.
2) Out of that total pending selection.
3) As per rule manual of the institution what should be period within which the selection has to be fianlized.
4) Reasons for not fianlizing all pending selection.
5) Name of the officers who are responsible for not finalizing all pending selection....

Since you are the employee of the instituion I would suggest you that, let your friend ask information for you. If you file the application in your name, your offficer will pressurize you to withdraw the same.

[praveen sakhuja]

one should not be afriad of fighting for right, u must file ur application under ur name and stamp

[karira]

Ravindra,
This is your right !
Please use your name.....why be afraid of fighting for your rights.
If you need any help in drafting application, please let me know.

[mpai]

Originally Posted by Ravindra

I am a Physically Handicapped person and working as Sr Lib asstt. in IIM, Lucknow. In 2003 a post of Asstt. Librarian was advertised under the special recruitment drive for persons with disabilities. I was an applicant for the same. In view of above I may know that How RTI can help me ? Can I ask for the proceedings/recommendations of the selection committee. Please help me.
Thanks.

First, since you belong to the Persons With Disability, file a complain with the Chief Commissioner of Disabilities in New Delhi. Redressal through this mode is faster. Further the Commissioner is equally powerful enough to ask for documents from the IIM and provide them to you. He has enough power as a High Court Judge to take action against the defaulters.

Yes, you can file an RTI Application seeking info on the proceedings and recommendations of the selection committee. In fact this comes under Section 4 of the RTI Act and they should put up all this information on the IIM Website. If they havent done this, you can file a direct complain to Rita Sinha, Secretary, CIC, 5th Floor, Old JNU Compound, New Delhi clearly stating that IIM Lucknow has not implemented Section 4 by not putting up such information on the IIM Website.

Do accept Karira's offer in helping you draft the RTI Application for seeking information under Section 6 of the Act.

Best wishes

Manoj

[Ravindra]

Originally Posted by karira

Ravindra,
This is your right !
Please use your name.....why be afraid of fighting for your rights.
If you need any help in drafting application, please let me know.

Dear Sir, I shall be very greatful if you please help me out in drafting the effective application. Kindly let me know, if you need any further information for the purpose.

Thanks

Ravindra Kumar

[karira]

Ravindra,
Will get back to you tomorrow. Slightly rushed today.
Karira

[Ravindra]

Thanks for prompt reply. I will be waiting for your help.

Regards,
Ravindra

[mpai]

Originally Posted by Ravindra

Thanks for prompt reply. I will be waiting for your help.

Ravindra

Karira should have helped you draft the RTI Application by now. Please do file it at an early date. Make sure that one of the entries show that you are Physically handicapped.

Best wishes

Manoj

[karira]

Ravindra,

I am emailing you a draft application. Since I do not know the complete details of the case, please fill in the relevant references, dates, etc. In case you feel that I have put in something that is not correct or factual, please do correct it.
After the draft is final, please submit the application as well as post the final application here so that other members/visitors benefit from it.
In case you need any help in redrafting please let me know by email so that we do not clutter this thread.
I am very sorry for the delayed reply since I was extremely busy and and on a for the past few days.

[kushal]

Hello Karira,
Would you kindly attach the application here at the thread either as zip or PDF file. If that is not possible you can possibly send me so that I put it here.

Thank You!

[karira]

Kushal,

I did a draft first and also requested Ravindra to share with you and other senior members through email (after his corrections and filling up the details)....reason being did not want to clutter the thread. Once it is final, we can post the application.
If you feel that it should be open for general discussion and inputs from other members also, please send me a pm and I will post it here.

[mpai]

Originally Posted by Ravindra

I am a Physically Handicapped person and working as Sr Lib asstt. in IIM, Lucknow. In 2003 a post of Asstt. Librarian was advertised under the special recruitment drive for persons with disabilities. I was an applicant for the same. Selection committee met on 4.2.2004. But till date no appointment is made.

Ravindra, IIM-A & IIM-B have been conducting lectures on Persons With Disabilities etc. Their work is being covered by the media. Besides IIM-A is also involved with the 6th Pay Commission. If what you say is true, this lets the cat out of the bag.

I guess, you should have filed the RTI Application by now. However, it will also be wonderful if you file a complain with the Disability Commissioner. This can expose the biased nature of IIM Lucknow.

Manoj

[neeraj Chauhan]

hi everybody ,
Dear Ravindra you must go for RTI application as in your case i can easily gauge its a case of typical Bureaucracy and highhandedness. RTI is meant to set such like people ans system to righteous ones. But be extra careful in extending normal courtesies to your bosses. good luck.
Nicky

[karira]

Ravindra,

Please see the following decision of the CIC regarding disclosure of Minutes of DPC meeting:

http://cic.gov.in/CIC-Orders/Decision_11072007_23.pdf

In particular:

6. The Commission heard both the sides. The applicant wanted Minutes of the DPC meeting held on 95.2006 for the post of Assistant Directors in NIPCCD. The Respondents denied the information taking the recourse to Sections 8(1)(j) and 8(1)(e) of the Act, which deals with fiduciary relationship. As for 8(1(j), the Respondent felt that since in the said DPC meeting, other candidates were also involved, they regarded it as third party information. However, as the post is under the public domain, it is in the interest of transparency and also in view of Section of 4(1)(d) of the RTI-Act that the minutes are shown to the Appellant and the Sections 8(1)(e) and (8(1(j) are not applicable in the said issue.

Please keep a ready reference of this with you and it will be helpful.

[kushal]

Very nice information karira, as usual though

[karira]

As reported by Rahul Mangaonkar of TNN in Times of India, Ahmedabad, on 28 March 2008:

After ACRs, now DPC doors open for Officers

Ahmedabad: Government officers have some reason to rejoice. Now they can be privy to what is discussed about them in the Departmental Promotion Committee (DPC) which decides about promotions.

The Gujarat Information Commission (GIC) after its landmark decision allowing officers access to annual confidential reports (ACRs) under Right to Information (RTI) Act, has now thrown open the DPC proceedings. This committee, comprising chief secretary, principal secretary (home), and senior police officers, in the case of IPS, meets regularly to assess officers who are due for promotions.

However, only the information concerning the officer seeking information will be provided. The ACRs and gradings in ACRs of other officers discussed in the DPC have been exempted. This decision was after an application by former additional director general of police H R Gahlot who was superseded. He sought copies of his as well as director general of police J Mahapatra’s ACR, of the last ten years. Both these IPS officers are now retired.

The government promoted Mahapatra who is junior to Gahlot, as DGP. As per the new rules, ACRs of the last 10 years are considered for promotions. Gahlot also wanted to know reasons for his supersession and copy of the DPC held for Mahapatra’s promotion. The home department provided Gahlot the copies of all his ACRs except of 2005-06. It said that this ACR was with the chief minister, awaiting his remarks, and had not come back.

Access to Mahapatra’s ACRs was denied as he was a third party. He had said that his ACRs being his personal information he didn’t want them disclosed. Copy of the minutes of the DPC was denied stating it contains information relating to other officers and on grounds of fiduciary relationship. GIC upheld the home department’s decision to deny Mahapatra’s ACRs, considering him as third party.

The GIC said that such other officers need to be treated as third parties, as the information contained in the ACRs relate to them. It agreed with a Central Information Commission’s decision which held that “the legality, objectivity and equity of these functions (DPC) is a governance related issue.

A process of preparation of the merit list of employees of a public authority in a given category is an essentially public activity”. GIC asked the home department to provide Gahlot, a copy of the full DPC minutes but without any details or the ACRs and the gradings of the ACRs of other officers.

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The decision of GIC is very exhaustive and will help other members in drafting their applications/appeals. Several quotes from earlier decisions of GIC/CIC have been given as well as quotes from Supreme Court judgements.

The full decision of GIC is attached.