Central Information Commission
Mina Lahiri vs Controller General Of Defence Accounts ... on 20 March, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No: CIC/CGDAC/A/2023/119062
MINA LAHIRI .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
Controller General of Defence
Accounts Ulan Batar, Rao
Tularam Marg, Sport View,
Palam, New Delhi, Delhi 110010 ....प्रनर्वािीगण /Respondent
Date of Hearing : 05-03-2024
Date of Decision : 18-03-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12-01-2023
CPIO replied on : 27-01-2023, 01-02-2023 and 13-02-2023
First appeal filed on : 16-02-2023
First Appellate Authority's order : 06-03-2023
2nd Appeal/Complaint dated : 20-04-2023
Information sought:
The Appellant filed an RTI application dated 12.01.2023 seeking the following information:
"Following information are sought from your office on the following matters & reply should be specific against each points mentioned below:Page 1 of 6
1) As a HQrs office, all of your sub offices are fully monitored under your full responsibility and also to intimate that uniformity is maintained by all of your sub offices or not.
2) Provide the information whether the pay fixation part 2 orders are publishable document or not as few of your PCDA office viz. PCA(Fys) Kolkata uploads in their website. Provide the authority in this regard.
3) The Annual Performance Appraisal Report (APAR) of a Govt. Servant which shows his/her performance report in a particular year is a disclosable document or not. Provide the authority in this regard
4) Provide the information for promotion from Sr. Accounts Officer (Group A pay level 10) to ACDA (Group A pay level 10) attracts any financial benefit or not. Provide the DoPT order/ related thereof in this regard.
5) Provide the information for promotion from Asst. Accounts Officer (NFU) (Group B pay level 9) to Accounts Officer (Group B pay level 9) attracts any financial benefit or not. Provide the DoPT order/ related thereof in this regard.
6) Provide information on the activities of Administration section under your office or under your sub offices regarding the matters related to pay or service.
whether the Administration Section goes by the Govt. order/s and rules or at the will of the Officer posted therein to favour any one of a staff beyond rule.
7) Provide the information on the implementation of your circular No:
AT/II/2701/Orders-II dated 16/05/2018 on "Implementation of CCS(RP) Rules 2016-Exercising of option for fixation of pay" have been fully implemented in all of your sub offices including your HQrs. Office or not.
8) Provide the information whether the individuals who are promoted between 01/01/2016 and 01/07/2016 under all of your offices are given the opportunity to exercise option under FR22(1)(a)(1) and join 7th CPC from DNI or not. If not, then reply to the reason behind it.
9) Provide the information on OM no: 4-21/2017-IC/E IIIA dated 15th April 2021 on "Date of next increment under Rule 10 of CCS(RP) Rules 2016- clarifications-
regarding have been fully implemented in all of your sub offices including your HQrs. Office or not.
10) Provide the information if a staff of your office is admitted in a Govt. Hospital away from his/her Hometown as well as Office under Emergency Page 2 of 6 condition, how he/she will take station leave permission or else there is provision of exemption in this regard.
Information as sought for please be forwarded in hard copy (legible) to the under mentioned addressee so that it can be used if required for legal purposes also."
The CPIO furnished a point-wise reply to the Appellant on 27.01.2023 stating as under:
"1 to 2: Not pertain to this CPIO and reply may be awaited from concerned CPIOS.
3. Copy of D.O.P.T. O.M. No. 21011/1/2005-Estt (A) (Pt-II) dated 14.05.2009 is enclosed.
4 to 9: not pertain to this CPIO and reply may be awaited from concerned CPIOS."
Subsequently, the CPIO vide letter dated 13.02.2023 provided reply on point Nos. 4, 5, 6, 8 & 9 of the RTI application and the same is reproduced as under:
"Point 4: A copy of Gol, Ministry of Finance, Dept. of Expenditure OM No. 10/02/2011-Ε.ΠΙ/Α dated 07.01.2013 is enclosed.
Point 5: A copy of FAQs No. AB. 14017/47/2011-Estt. (RR) dated 01.08.2012 available on DoP&T website and a copy of this HQrs letter No.AN/XIV/14162/7th CPC/Vol-II dated 13.11.2020 is enclosed.
Point 6, 8 & 9: It is informed that the Govt. of India, Ministry of Personnel, Public Grievances and Pensions, DoP&T OM No. 1/4/2009-IR dated 05.10.2009 stipulates that only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The Public Information Officer is not supposed to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions. However, Pay fixation is done on the basis of option exercised by the individual subject to the provisions of CCS (RP) Rules 2016 and orders/clarifications issued by the DoP&T/Dept. of Expenditure."Page 3 of 6
The CPIO again vide letter dated 01.02.2023 provided revised point-wise reply on point Nos. 2 to 9 of the RTI application and the same is reproduced as under:
"Para-2:- With reference to information sought for against this Para, it is intimated that the Part-II Office Orders of pay fixation are available, but this office doesn't have any Orders to upload it on the official website.
Para-3:- The Annual Performance Appraisal Report (APAR) of a Govt. servant is a disclosable document in light of provisions contained in Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Office Memorandum No. 21011/1/2005-Estt (A) (Pt-II) dated 14th May 2009. This DOPT OM dated 14.05.2009 is available in public domain.
Para-4:- Fixation of pay on promotion from Sr. Accounts Officer (Group A pay level 10) to ACDA (Group A pay level 10), is carried out as per the provision of Government of India, Ministry of Finance, Department of Expenditure Office Memorandum No. 10/02/2011-E.III/A dated 7th January 2013, as the post is carrying higher duties and responsibilities, but, carrying the same grade pay as the feeder post.
Para-5:- After the grant of NFU to AAOs in Pay level-9 and their pay fixation under Rule-13 of CCS (RP) Rules-2016, there will be no further pay fixation on promotion to the Post of Accounts Officer in Pay Level-9, as per recommendation of 7th CPC-Para 11.12.140- Grant of Grade of Rs.5400 (PB2) i.e. level 9 of pay matrix in case of Assistant Accounts officer of Defence Accounts Department of Ministry of Defence.
Para-6:- Role & responsibilities to be performed by the Admin Section in this Office as per mandate given in OM Part-I Para-7 to 9:- Yes."
Being dissatisfied, the appellant filed a First Appeal dated 16.02.2023. The FAA vide its order dated 06.03.2023, held as under:-
"And whereas, the undersigned finds that the appellant alleged that point- wise information against ten (10) points has not been provided to her (10th point was not mentioned in RTI application but added in appeal only).Page 4 of 6
And whereas, the undersigned observed that the RTI application was forwarded to concerned CPIOs in CGDA office as well as to different Controller offices through online RTI portal on 19.01. 2023 for providing information to the applicant by post as the application was received from applicant through offline mode. Hence appellant is requested to refer to reply from all 34 CPIOs (a list showing names of concerned CPIOs is attached for ready reference) And whereas, the undersigned finds that point wise replies have been provided to appellant by CPIOs and the appeal has been filed by appellant before receiving all the replies from all the CPIOS. Therefore, the appellant's contention in this regard is not tenable."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Appellant's representative Shri Joydip Lahiri, appeared through video conference.
Respondent: Absent The appellant's representative inter alia submitted that the appellant has received a reply from the respondent wherein reply given by the respondent on point Nos. 1, 4, 6, 7 and 8 of the RTI application is not satisfactory. Therefore, he requested the Commission to direct the respondent to provide complete information on point Nos. 1, 4, 6, 7 and 8 of the RTI application free of cost.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the representative of the appellant and perusal of the records, notes that the respondent remained absent despite service of notice and proper reasons for his/her absence could not be ascertained. The absence of the respondent is viewed seriously by the Commission and the CPIO is cautioned to be careful in future.
As regards the information sought by the appellant, the respondent has provided point-wise replies to the appellant vide their letters dated Page 5 of 6 27.01.2023, 01.02.2023 and 13.02.2023 and the same were in conformity with the provisions of the RTI Act. However, the appellant during the hearing submitted that he has not received CPIO's reply dated 01.02.2023. Therefore, the respondent is directed to provide copy of the CPIO's reply dated 01.02.2023 once again to the appellant within two weeks' time from the date of receipt of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 18-03-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date Page 6 of 6