Central Information Commission
Mrswami Saran Singh vs Cbdt on 9 September, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/RM/A/2014/000335/BS/8552
09 September 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. Swami Saran Singh
S/o Shri B. R. Singh,
H. No - WZ - 160, Naraina,
New Delhi - 110028
Respondent : CPIO / Dy Director of Income Tax (Inv)(Hqrs),
CBDT
O/o the Director General of Income tax (Inv.)
ARA Centre, 3rd Floor, E-2, Jhandewalan
Extn. New Delhi - 110055
CPIO / Dy. Director of Income Tax (HRD)(CMD)
CBDT
Directorate of Income Tax,
ICADR Building, Plot No. 6, Vasant Kunj,
Institutional Area Phase - II,
New Delhi-110070
RTI application filed on : 07/05/2013
PIO replied on : 10/07/2013 & 12/06/2013
First appeal filed on : 22/07/2013
First Appellate Authority order : No Order
Second Appeal dated : 24/10/2013
Information sought:
The appellant has sought the following information:-
(i) In the year 2000, the Directorate General of Income Tax (Investigation) (North) was the Part of Income Tax department or not?
(ii) Whereas, the Directorate General of Income Tax (Investigation) (North) was restructured under the restricting of the Income Tax department in the year 2000 with the approval of Union Cabinet, and after the restructuring Directorate General of Income Tax (Investigation), Delhi was made or not. Please clarify, Yes or No.
(iii) If yes, then why did not the employees of group 'C' & 'D' working under the cadre of Directorate General of Income Tax (Investigation) (North) restructured?
(iv) In continuation of the restructuring of Income Tax Department in the year 2000, the Chairman, Central Board of Direct Taxes had issued the detailed instructions (New Recruitment Rules) to ALL THE CHIEF COMMISSIONERS OF INCOME TAX/ DIRECTORS GENERAL OF INCOME TAX/ ALL THE CADRE CONTROL AUTHORITIES IN THE INCOME TAX DEPARTMENT regarding the manner of filing up of the vacancies in various cadres of group 'B', 'C' & 'D' employees vide letter F Page 1 of 3 No. 48/1/2001-AP/DOMS/141 dated 04 June 2001. When the New Recruitment Rules came into force from 04 June 2001 in the Income Tax Department, all over India, then, why these New Recruitment Rules were not implemented in respect of the employees of 'C' & 'D' Group working under the Cadre of Directorate General of Income Tax (Investigation) (North)?
(v) The Directorate General of Income Tax (Investigation) (North) was not in existence since the restricting of the Income Tax Department in the year 2000. Then, why the Recruitment Rules under the title of the "Directorate General of Income Tax (Investigation) North (Group 'C' and 'D') Recruitment Rules 1991" is being adheres for the group 'C' & 'D' staff working under the cadre of Director General of Income Tax (Inv.) (North) only since the Directorate General of Income-Tax (Inv.) (North) had already been abolished in the year 2000.
Whereas the Income Tax department did not implement the New Recruitment Rules 2001 till date, in respect of the employees of 'C' & 'D' group working under the cadre of Directorate General of Income Tax (Inv.) (North) or Delhi and hence, clarify for whose fault, the employees of 'C' & 'D' Group have to be penalized for more than a decade and why?
(vi) In the absence of non-implementation of the New Recruitment Rules 2001 the employees of 'C' & 'D' group working under the Cadre of Directorate General of Income Tax (Inv.) (North) or Delhi are not being permitted to appear in Departmental promotional Exams conducted by the Department from time to time since 2001. Give reasons, why?
(vii) In the entire Income Tax Department, all over India, the New Recruitment Rules, 2001 are being adhered after restricting of the Income Tax Department in the year of 2000 approved by the Union Cabinet whereas only the small group of 'B' & 'C' employees of the same department is being treated by Abolished Old Recruitment Rules working under the cadre of Director General of Income Tax (Inv.) (North) or Delhi, why?
(viii) Who is responsible for not implementing the New Recruitment Rules 2001 in respect of the employees of 'C' & 'D' Group working under the cadre of Director General of Income Tax (Inv.) (North) or Delhi, and, what action has been initiated by the Department against the authority who has failed to implement the New Recruitment Rules in respect of Group 'C' & 'D' employees working under the cadre of Director General of Income-Tax (Inv.) (North) or Delhi?
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Mr. Lokesh Bhati CPIO's representative and Mr. Raghubeer Singh The appellant was given an opportunity to participate in the hearing but he is absent. The CPIO's representative stated that the matter is identical to the one decided by the Commission on 25/08/2015 [file no.CIC/RM/A/2014/000326/BS - Neelam Raichand vs. CBDT]. He submitted that that Group C & D employees working under DG (Investigation) have not been given the benefit of restructuring and no file notings in this regard are available with the DGIT (Investigation).Page 2 of 3
Decision notice:
From the CPIO's representative submissions it appears that the information has been provided. If, however, the appellant has any doubt in the matter the CPIO should permit him to inspect the relevant records relating to his RTI application dated 07/05/2013 and also allow him to take photocopies/extracts there from, free of cost, upto 05 pages within 15 days from the date of receipt of this order.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 3 of 3