3 faa decision - with comments

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  • 8/7/2019 3 FAA Decision - With Comments

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    Disposal of First Appeal dated February 09, 2009 filed by

    Mr. Ketan Bhatt, Computer Professional working in the

    Institute.

    Mr. Ketan Bhatt, Computer Professional Working in the

    Institute for the last more than 20 years filed an appeal against

    the response of the PIO, Mr. Kamalesh Joshi of this Institute.

    Mr. Bhatt has been employed in the Institute in a fairly senior

    level for the last more than 20 years. Even after working

    with the Institute he refers the Institute as your institute

    instead of our Institute or the Institute. This is crux

    of his grievances. Had he considered the Institute as ourand contributed for its development, then there would not

    have been any problem.

    I have gone through his appeal, the original application filed

    with the PIO and his response as well as other documents. I

    also had a detailed discussion with the PIO to know the facts.

    There was a request from the applicant as to allow him to

    bring his own videographer as well as RTI expert which

    request has been turned down by me as there is no provision

    in the Act as well as it will not serve any useful purpose.

    Coming to the substantive issue of his letter to the Chairman.

    To the best of my knowledge, he has not specifically written

    any letter to the Chairman. On July 2, 2008 he put up an open

    letter addressed to the Chairman of Board of Governors of the

    Institute in all electronic notice boards of the Institute for the

    entire Institute to read a document couched in satire. A hard

    copy of this has been marked to the Director for sending it to

    the Chairman of the Board of Governors of the Institute.

    The PIO confessed that he was not aware of any letter written

    by the applicant to the Chairman of the Institute as the

    applicant has not marked a copy to him. Secondly, the PIO is

    Institute DOES NOT keep itsemployees informed about their

    performance. NOR does it

    provide information even when

    employee requests the same

    explicitly.

    Institute TRASHES employee

    letters. And nobody even cares

    to get back to the employee to

    tell that his letter is

    trashed. Employee has to file

    an RTI even to know status ofhis letter.

    Official records are destroyed

    on 'our' judgment!!

    Select records go untraceable

    on resignation of its

    custodian. BUT, no inquiry, no

    police complain/FIR, nothing.

    If applicant calls it `OUR'

    institute, First Appellate

    Authority (FAA) advises him(in writing) **NOT** to use

    RTI provisions to be informed

    about his service related

    issues. Else, he passes such

    unwarranted comments as FAA

    under RTI Act.

    PIO has informed that there

    does NOT exist any norms for

    recruitment to the post that

    this FAA is holding.

    HOSE institute is it ???

    How much of it is public ?

    How much private ?

    applicant has not marked a copy to him. NOT true. A softcopy ofletter was delivered to PIO's

    mailbox on 01-Jul-2008.

    Transcript of FAA

    decision received

    by email. Comments

    by applicant.

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    not obliged to scan through all the irrelevant mails appearing

    in the electronic notice board of the Institute which has been

    thoroughly misused by several people including the applicant.

    Director of the Institute was not obliged to send to the

    Chairman whatever trash he received in his office. The

    applicants idea was not to redress any grievances but to

    malign the Institute and its reputation. Otherwise there was

    no need for him to put his communication to the Chairman in

    all notice boards of the Institute which would be read by all

    who are accessible to the electronic notice board of the IIMA.

    Generally matters of serious nature which require policylevel solutions are referred to the Chairman of the

    Institute.

    Officers of the Institute with the help of the Activity Heads

    take care of any genuine grievances. There is a grievance

    redressal mechanism in the Institute which has been re-

    constituted recently. The Redressal Committee has

    formulated certain processes to deal with all genuine

    grievances. This policy is being announced to the Institute

    Staff and Officers. The applicant need not worry about the

    faculty grievances published in the draft hand book of the

    Institute. The PIO has given full information about the

    existence of grievance redressal mechanism in the Institute

    since long. I do not find anything wrong in the action of the

    PIO.

    I fully agree with the terms used by the PIO about the genuine

    grievances. People who work for the Institute may have

    some grievances and they are genuine which need to be

    resolved as early as possible. There are staff members who

    remain in the Institute to generate grievances. Such staff

    members do not contribute anything to the Institute but

    grievances.

    In PIO's language, Genuine

    grievances are amicably

    resolved, rest are trashed, not

    even acknowledged!!!

    This `trashing' business is

    fundamental violation of

    citizen's right to be informed.

    If authority does not care to

    even forward employee letter to

    higher authority, it violates

    citizen's right to be informed

    about views, if any, of higher

    authority.

    As if perverted grievance

    redressal mechanism is NOT

    serious enough to warrant

    Chairman's attention!!

    How does one qualify genuine

    grievance?

    WHY??? Applicant has every

    right to be informed about who

    all are having grievances. And

    what are the grievances.

    These are the words of

    Appellate Authority (under RTI

    Act) of an institute that

    professes management!!!

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    I do not agree with the applicant that there are several people

    with grievances. Other than the applicant himself or couple

    of staff members placed similar to the applicant, there are no

    large scale grievances among the employees in the Institute.

    Since the grievances are limited and by and large all

    grievances are resolved the Institute does not keep any

    register.

    I further suggest to the applicant that rather than wasting

    his time in filing RTI applications one after the other and

    filing appeals one after the other, he should start doingsome meaningful work in the Institute. If he does not

    possess the skills to do the work he should acquire the

    competency. Institute would be more than willing to help

    him to acquire the desired skills so that he can contribute

    positively to the Institute. Time and again, the applicant

    has been assured that as soon as he shows results of his

    work, his grievances will be taken care of. The applicant

    prefers to find short-cuts like misuse of RTI Act etc. which

    has been enacted for the common benefit of the citizen of

    this country.

    The appeal is disposed off accordingly.

    Name and address of the Second Appellate Authority:

    Central Information Commission

    Club Building, Near Post Office

    Old JNU Campus, New Delhi 110067

    NV Pillai

    First Appellate Authority

    !!! `Genuine' grievances

    amicably resolved. Otherstrashed. NOT EVEN REGISTERED.

    !!!! MUST READ PARA!!!!

    But the applicant has

    NOT asked for ANY sort

    of grievance redressal.

    He has only asked forcertain information

    under RTI Act.

    Unwarranted comments.

    Time and again, the applicant

    has been assured that as soon as he shows results of his

    work, his rievances will be taken care of.

    Along with truth, justice

    and spirit of RTI Act.

    disposed off

    Employee communication to top management are vital records for

    any public authority and as such ought to be handled with due

    diligence. Request directions u/s 19(8)(a)(iv).

    Secretary to IIMA

    Board of Governors