Central Information Commission Sandeep vs National Highways Infrastructure ... on 21 September, 2022 के ीय सूचना आयोग Central Information Commission बाबागंगनाथमाग , मुिनरका Baba Gangnath Marg, Munirka नई द ली, New Delhi 110067 File No : CIC/NHICL/A/2022/626734 Sandeep ......अपीलकता /Appellant VERSUS बनाम CPIO, DGMHR, National Highways & Infrastructure Development Corporation Limited, PTI Building, 3rd Floor, 4Parliament Street, New Delhi110001 .... ितवादीगण /Respondent Date of Hearing : 20/09/2022 Date of Decision : 20/09/2022 INFORMATION COMMISSIONER : Saroj Punhani Relevant facts emerging from appeal: RTI application filed on : 01/11/2021 CPIO replied on : 21/12/2021 First appeal filed on : 09/01/2022 First Appellate Authority order : 07/02/2022 2nd Appeal/Complaint dated : 12/05/2022 Information sought: The Appellant filed an RTI application dated 01.11.2021 seeking the following information: 1 1 "Whether DoPT or any of its offices has given exemption to NHIDCL (CPSE/PSU under MoRTH) for non filling up of sanctioned posts. If yes, please provide copy of such order/guidelines. 2 Whether DoPT or UPSC has any say in recruitment of below board level posts in NHIDCL. If yes, please provide information in whatever form available. 3 As per DoPT guidelines no retired person shall be appointed on reemployment basis or consultant basis if attempts are not made to make the selection on regular basis, hence please provide copy of orders, if any, issued to MORTH or NHIDCL for not making appointment to sanctioned posts but filling them temporarily by retired persons. 4 Provide information on whether any PSU can engage retired persons of age beyond 62 years even upto 67 years without obtaining any approval from any authority. If yes please provide copy of such circulars, if not please provide the details of any step taken towards it by DoPT or any of its connected offices. 5 Provide information on whether any employee engaged on deputation in PSU like NHIDCL can be engaged without absorption and the limit of deputation period if its allowed. 6 What steps have been taken by DoPT or its connected offices to monitor the recruitment against sanctioned posts in NHIDCL. 7 Whether NHIDCL can engage retired persons without going for regular selection first as per DoPT guidelines. 8 Whether a PSU like NHIDCL can engage persons from defence services on deputation. If yes, please provide copy of relevant orders. 9 What is the role of DoPT in recruitment matters of CPSE/PSUs like NHIDCL. 10 Please provide information as to whether CPSEs/PSUs can engage persons on outsourcing basis for doing its core functions. 11 Please provide information as to whether any of investigating agencies like CBI can investigate outsourced staff of NHIDCL for any allegations in any dispute/inquiry against Govt employees deployed on deputation in NHIDCL. If yes, whether such employees are to be considered temporary government employees on absorption basis. 12 Whether a person deployed on outsourcing basis in CPSE/PSU like NHIDCL can make an FIR in police station on behalf of NHIDCL/Government. 13 Department of Public Enterprises (DPE) has also laid some guidelines for recruitment in CPSEs but they are not mandatory to be followed as per NHIDCL. DPE also categorize each CPSE/PSU based on compliance to its guidelines wherein NHIDCL has been performing very poorly as reflected in DPE report also. Please confirm if any kind of effect is recorded in ACR of Govt officers or any action taken against officers responsible for such incompetency/ wilful negligence to guidelines. 2 14 Please inform if CPSE/PSU can function with officers engaged on deputation basis or with retired persons only without actually making any appointment on sanctioned posts. If yes, please provide copy of relevant orders/exemption to guidelines." The CPIO furnished a point wise reply to the appellant on 21.12.2021 stating as follows: Point No. 1 to 14: "This information asked for under para (5) &(6) are not complete/available in the print out received. The information asked for are mostly in the nature of seeking clarification/confirmation and the same are not available in HHIDCL." Being dissatisfied, the appellant filed a First Appeal dated 09.01.2022. FAA's order dated 07.02.2022 upheld the reply of CPIO and further stated as