Chandigarh 18th May; The PGI Employees Union has condemned the illegal and arbitrary appointment of Sh. Swarjit Singh Saini,Ex-PPS as Central Public Information Officer under the RTI Act, 2005.
On 25.4.2012, Dr. Yogesh Chawal, DPGI has appointed him as CPIO for Director Office.
It is informed that a CAPIO / CPIO is required to provide the information within 30 days under Section 7 (1) of the RTI Act, 2005. In case, there is delay on the part of ACPIO/CPIO or information is not provided or incomplete or misleading or false information is provided, an appeal lies against the CPIO to the next senior officer i.e. 1stAppellate Authority under Section 19 of the RTI Act, 2005. The Section 19 (5) provides that the onus to prove that a denial of a request was justified shall be on the CPIO, who denied the request.
The 2ndappeal / complaint lies before the CIC also. If the CIC at the time of deciding the complaint or appeal is of the opinion that the CPIO has without any reasonable cause refused to receive an application or has not furnished information within the time specified under sub-section (1) of section 7 or mala fidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information,it shall impose a penalty of two hundred and fifty rupees each day and shall recommend disciplinary action against the CPIO under sub-section (1) and (2) of Section 20 of RTI Act, 2005.
A disciplinary action can be recommended against a serving employee under the CCS (Conduct) Rules, 1964 and CCS (CCA) Rules, 1965.
However, Dr. Yogesh Chawla has appointed Sh. S.S.Saini, Ex-PPS, Consultant (working as OSD/DPGI) as CPIO for Director Office. Sh. Swarnjit Singh Saini had retired on 31.1.2010 at the age of 60 years. He was illegally and arbitrarily granted extension of 2 years in violation of GOI OM No. 26012 / 6 / 2002-Estt. (A) dated 9thDecember, 2002. On 31.1.2012, he has been further appointed as Consultant for one year in violation of GFR, 2005, which are applicable at PGI. The Governing Body in its meeting held on 28.4.2012 has already taken serious note of this illegal and arbitrary action.
However, it is absolutely illegal and arbitrary to appoint a retired employee as CPIO, who can not be answerable under section 19/20 of the RTI Act, 2005 and can not be punished under the CCS (Conduct) Rules, 1964 and CCS (CCA) Rules, 1965 for any misconduct.
The Union has, therefore, requested that the illegal and arbitrary appointment of Sh. S.S.Saini, Ex-PPS, Consultant (Working as OSD) as CPIO under the RTI Act, 2005 may be cancelled and withdrawn immediately.
Copies of complaint have been sent to CIC, New Delhi and Union Health Secretary also.