Central Information Commission
Mr. G Lakshmipathy vs Department Of Personnel And Training on 14 June, 2013
Central Information Commission, New Delhi
File No.CIC/SM/A/2013/000111
Right to Information Act2005Under Section (19)
Date of hearing : 14/06/2013
Date of decision : 14/06/2013
Name of the Appellant : Sh. G Lakshmipathy,
No. 40, 14th B Cross, K B Temple Street,
6th Block, Rajajinagar, Bangalore 560
010
Name of the Public Authority : Central Public Information Officer,
Department of Personnel & Training,
US (SMII), O/o the Establishment Officer,
North Blcok, New Delhi 110 003
The Appellant was represented by Shri A.K. Antony Das.
On behalf of the Respondent, Shri Arvind Thakur, Under Secretary was
present.
Chief Information Commissioner : Shri Satyananda Mishra
2. In his RTI application, the Appellant had sought to know about the action taken on the representation dated 14 June 2012 submitted by the SC/ST Employees Welfare Association DGQA (L) Bangalore to the Department of Personnel & Training (DoPT) along with the certified copy of the file noting. The CPIO had informed him that the subject matter of the representation from the aforementioned organization, Bangalore, did not come under his purview and instead pertained to the Ministry of Defence and that it was being forwarded to that Ministry. He also advised him to seek any further information from the Defence Ministry only. Not satisfied with this response, the Appellant had preferred an appeal which the Appellate Authority had disposed of by endorsing the stand taken by the CPIO.
3. We have carefully considered the facts of the case. Rightly or wrongly, the DoPT had decided not to act on the above representation but to send it to the Defence Ministry instead, presumably because the organisation DGQA (L) Bangalore was part of that Ministry. More importantly, the CPIO had sent the representation to the Defence Ministry only after he received the RTI application. We would have appreciated if the CPIO had admitted in his reply that no action had been taken on that representation till then in the DoPT. Now it becomes clear from the facts of the case and the submissions of both the parties that the representation was lying in the Department without any action and was sent to the Defence Ministry only after the Appellant sent his application.
4. From the facts as reported, it appears that the Defence Ministry had formulated some rotational transfer policy which the SC/ST Employees Welfare Association DGQA (L) Bangalore thinks to be contrary to the norms established by the DoPT. Therefore, it would be appropriate if the CPIO of the SM II in the EO's Division would send a copy of this representation to the Establishment Division to take a view in the matter and communicate their findings to the Appellant. We direct that this entire exercise be completed within 20 working days from the receipt of this order and the Appellant duly informed.
5. The appeal is disposed off accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar