Central Information Commission
Ajay Kumar vs Chief Commissioner Of Customs, Kolkata ... on 11 July, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/CCUKL/A/2024/121289
CIC/CCUKL/A/2024/121283
Ajay Kumar .....अपीलकर्ाग /Appellant
VERSUS
बनाम
1. CPIO,
O/O The Chief Commissioner of Customs,
Kolkata Zone, Customs House,
15/1, Strand Road, Kolkata -700001
2. CPIO,
Joint Commissioner of Customs
(Airport & ACC) 15/1, Strand Road,
Custom House, Kolkata - 700001 ....प्रनर्वािीगण /Respondents
Date of Hearing : 07.07.2025
Date of Decision : 11.07.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant
is common, and subject-matter is similar in nature and hence are being
disposed of through a common order.
CIC/CCUKL/A/2024/121289
Relevant facts emerging from appeal:
RTI application filed on : 20.10.2023
CPIO replied on : 14.11.2023
First appeal filed on : 20.11.2023
First Appellate Authority's order : 20.12.2023
2nd Appeal/Complaint dated : 03.07.2024
Page 1 of 14
Information sought:
1. The Appellant filed an (offline) RTI application dated 20.10.2023 seeking
the following information:
"I am seeking information under the provisions (Section 6) of the Right to
Information Act, 2005, regarding the copy of the seniority Lists issued
during different periods. Please provide me with a copy of the following
documents:
1. In 1993, how many regular vacancies were available at Kolkata
Custom House for the position of Appraiser, for both Direct Recruits
Examiners and Promottee Examiners, as well as for Direct Recruit
Preventive Officers and Promotee Preventive Officers from the feeder
cadre? Please provide the exact number.
2. Please provide a copy of the panel of officers meant for promotion
from the feeder cadre in the year 1993.
3. In 1993, how many regular vacancies existed at Kolkata Custom House
for the grade of Appraiser, specifically for Direct Recruits and Promottee
Examiners belonging to the SC & ST category? Please provide the exact
numbers.
4. Kindly provide a copy of the panel of officers approved for promotion
from the feeder cadre for the SC & ST category of the year 1993 that was
used for promotion against the regular vacancy that occurred for
Assistant Commissioner in the year 2002 seniority and onwards,
5. During the relevant period, did the Combined Seniority list of Regular
Appraisers from the SC/ST category, spanning from 01.01.1988 to
31.03.1997, receive the benefit of deeming, as outlined in the Ministry's
letter F.NO.A-23011/1/2004-ADII dated 30.03.2012, in the promotion
process that occurred either on the date of vacancy or on the date of ad-
hoc/regular promotion?
6. Were any promotion panels formed for the promotion of Appraisers
between 1993 and 1997?
7. How many regular vacancies were available on 10th Dec 2002 and 1st
April 2003 at Kolkata Custom House for the position of Assistant
Commissioners, both for Direct Recruits and Promottee Appraisers?
Please provide the exact numbers.
8. Share the final Inter se Seniority List of Kolkata Custom House, which
was used as the basis for All India Seniority in the year 2012 and was
used subsequently for the promotion of Assistant Commissioners in the
years 2002 and 2003."
2. The CPIO furnished a reply to the Appellant on 14.11.2023 stating as
under:
Page 2 of 14
"Reply of point no.1: Total vacancy-10(5 DR+ 5 PR), Out of 05 promotee
vacancies, 04 vacancies meant for EOs and 01 for P.O.
Reply of point no 2. Copy of panel of officers meant for promotion from
the feeder cadre in the year 1993 enclosed herewith.
Reply of point no 3. Regular vacancies existed at Kolkata Custom House
for the grade of Appraiser for (DR EO+PR EO):SC- Nil and 1 vacancy
meant for ST.
Reply of point no. 4. Regular vacancy in the cadre of Assistant
Commissioner is not available.
Reply of point no 5. Vacancy filled up by the Appraisers which occurred
due to Superannuation/ VRS/Death/higher promotion (ad-hoc basis).
Reply of point no 6. Yes.
Reply of point no. 7. On 10th December 2002 vacancies are 37 & on 1st
April 2003 vacancies are 3.
Reply of point no 8. Final Inter se seniority list of Kolkata Custom House,
which was used as the basis for All India Seniority in the year 2012 is
enclosed herewith."
3. Being dissatisfied, the appellant filed a First Appeal dated 20.11.2023.
The FAA vide its order dated 20.12.2023, held as under.
"I have gone through the records of the case and content of the appeal
of the application dated 20.11.2023. It is on record that the subject
appeal has filed by the said appellant in connection with his offline RTI
dated 20.10.2023 and as he was not satisfied with the reply 14.11.2023
along with supporting enclosures provided by the CPIO and Assistant
Commissioner of Customs for CCA and the reply has been stated as
partial by the appellant.
I have further gone through the ground of appeal submitted by the
appellant and departmental comments against the grounds of appeal
forwarded by the CPIO and AC(CCA).
Form the above discussion, I find that though the CPIO has given the
decision within the time frame, the required information sought for by
the applicant in his RTI application as point no. 4 and 8 was not provided.
However, during the appellate proceedings, CPIO has provided the
comments on Point no. 4 and 8. Going through the same, i am of the
view that information on Point no. 8 is available with CPIO and
accordingly the same should be supplied to appellant.
Further, i find that the appellant has waived the opportunity of personal
hearing.
Page 3 of 14
ORDER
In view of the above findings and discussions, I passed the following order:-
I direct the CPIO to provide the information sought vide Point no. 8 and no further intervention is required at this stage.
The appeal is disposed of in the above terms."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
5. A written submission dated 04.07.2025 filed by Shri Himangsu Santra, AC/CPIO is taken on record. Contents of the same are reproduced below:
"...3) GROUNDS ON WHICH COMPLETE INFORMATION WAS NOT PROVIDED TO THE RTI APPLICANT IS AS MENTIONED BELOW:
A. The appellant at point no. 4, had sought for the copy of the panel of officers approved for promotion from the feeder cadre for the SC & ST category of the year 1993 that was used for promotion against the regular vacancy that occurred for AC in the year 2002 seniority and onwards. To this query, no details regarding the vacancy in the grade of Assistant Commissioner was provided as the same is managed by CBIC. This office was thus not in position to provide the appellant with panel of regular SC/ST officers approved in 1993 for promotions to the regular Assistant Commissioner cadre in 2002 and onwards.
The appellant further stated in appeal before CIC that as this of ice has provided information to Point No. 7 which relates to vacancy position in the grade of Assistant Commissioners, information regarding Point No. 4 thus could not be denied.
The appellant sought for information on regular vacancies on 10th December 2002 and 1st April 2003 at Kolkata Custom House, for the position of AC both for DR and Promotee Appraisers. In this regard, it is to mention that the vacancy calculation and promotion to the grade of Assistant Commissioner are managed by CBIC. This of ice had inadvertently mistook the vacancy position of Appraisers as on 10th Page 4 of 14 December 2002 and 1st April 2003, misled by the word "at Kolkata Custom House" and furnished the figure in reply to Point No. 7.
B. The appellant at point no. 8, had sought for the final Inter se seniority list of Kolkata Custom House, which was used as the basis for All India Seniority in the year 2012. No reply was provided as after a thorough search of records maintained in this office only Final Seniority List of Appraisers for the period from 01.04.1997 to 31.12.2002 was found.
However, it is to mention that Draft Seniority List for the period from 01.01.1988 to 31.03.1997 (which is available) and Final Seniority List from 01.04.1997 to 31.12.2002 could be traced. The said Lists are being provided herewith.
It is thus mentioned that the information which pertains to this Office is shared with the appellant. The inadvertent mistake that occurred at this end may please be condoned. GEN/RTI/APP/4517/2023-P and E-O/o Pr Commr-Cus-AP/ACC-Kolkata I/3086364/2025 Accordingly, the information that pertains to this of ice only as sought for by the applicant Shri Ajay Kumar vide his RTI dated 20.10.2023 as per the provisions of the RTI Act, 2005 are hereby disclosed."
CIC/CCUKL/A/2024/121283 Relevant facts emerging from appeal:
RTI application filed on : 20.11.2023 CPIO replied on : Not on record First appeal filed on : 17.01.2024
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 03.07.2024 Information sought:
6. The Appellant filed an (offline) RTI application dated 20.11.2023 seeking the following information:
"I am writing to request information under the Right to Information Act, 2005, on matters related to promotion and seniority in the Central Board of Excise and Customs of Kolkata Custom House. Kindly provide me with the following categorical details of information and its relevant copies:Page 5 of 14
1. Request for Promotion Panel Documents (1990): Kindly provide a copy of the panel of officers considered for the promotion of Examiners to Appraisers, including both regular and ad hoc vacancies, for the year 1990.
2. Request for Reservation Roster (1990): I request a copy of the roster of officers detailing the reservations for SC/ST officers to promote Examiners/Preventive officers, to appraiser including regular and ad hoc vacancies, for the year 1990.
3. Request for Promotion Panel Documents (1993): Please furnish a copy of the panel of officers considered for the promotion of Examiners to Appraisers, including both regular and ad hoc vacancies, for 1993
4. Request for Reservation Roster (1993): I would like to obtain copy of the Roster of officers, specifying, reservations for SC/ST officers to promote Examiners/Preventive officers, to appraiser including regular and ad hoc vacancies, for 1993.
5. Request for Complete SC/ST Reservation Roster (1990 & 1993): Kindly provide a copy of the complete Roster cum panel, showing reservations for all SC/ST officers in continuity for promotions of Examiners/Preventive officers to appraisers taken into consideration zone serially, including both regular and ad hoc vacancies, during the years 1990 and 1993.
6. Request for Comprehensive Panel of Officers (1988-1997): Please provide a copy of the complete panel of officers (EO & PO), including reservations of all SC/ST officers in continuity, covering regular and ad hoc vacancies from January 1, 1988, to March 31, 1997, for the seniority and promotion of Examiners/Preventive officers to Appraisers in Kolkata Custom House.
7. Request for Complete Reservation Roster (1988-1997): request a copy of the complete Roster of candidates, detailing reservations for all SC/ST officers in continuity, covering regular and ad hoc vacancies from January 1, 1988, to March 31, 1997, for the seniority and promotion of Examiners/Preventive officers to Appraisers in Kolkata Custom House.
8. Request for Note Sheets on Promotion Decisions (1990): Please provide a copy of all the note sheets from the concerned files detailing the decisions regarding the promotion of examiners to appraisers, including both regular and ad hoc vacancies, for the year 1990 and the maintenance of its roster for reservation in promotions to appraisers.
9. Request for Note Sheets on Promotion Decisions (1990 & 1993): Provide me with a copy of all the note sheets from the concerned files outlining the decisions regarding the of promotion of examiners to appraisers, including both regular and ad hoc vacancies, for the year 1990 & 1993 and the maintenance of its roster for reservation in promotions to appraisers.Page 6 of 14
10. Request for Information on Officer D.B. Roy-I (S.C.): Please provide comprehensive information regarding Officer D.B. Hay- (S.C.) (Promottee-PO), SC, born on July 13, 1935, and listed at Serial Number 94 in the draft seniority list of Appraisers (January 1, 1998 to March 31, 1997) under Establishment Circular No. 60/2012, dated July 17, 2012, F. No. S.31-01/93 Estt., issued by Kolkata Custom House.
My Information sought on him is as follows
(i) Joining Date, The exact date on which Officer D.B. Roy-t (PR-PO) joined his service at Kolkata Custom House ii9) Initial Designation: The designation held by DB. Roy-l at the time of joining Kolkata Custom House
(iii) Promotion History, Provide me with a copy of the detailed list of all promotions (Ad hoc or Regular) received by D.B. Roy-l from the date of joining his service until he received his seniority date on 01.09.1993, as per Establishment Circular No. 60/2012, and subsequently until his retirement.
(iv) Retirement. Date: Provide me the specific date of DB Roy retirement
(v) Deeming Benefit Provide me a copy of a Confirmed information whether DB Roy- received deeming benefits es per DOPT guidelines (Ministry's letter F. No. A-23011/1/2004-Ad dated 30.03.2012), along with relevant documentation, Provide me with a copy of the deeming effect order
(vi) Note Sheet for Seniority Decision (01.00.1993), Provide me with a copy of a copy of the note sheet related to the decision to grant him seniority on 01.09.1992, as per Establishment Circular No. 60/2012, dated July 17, 2012
(vii) Document on Grant of Seniority: Provide me with a copy of the note sheet or evidence or documentation showing D.B. Roy-was granted seniority on 01.09.1993 against a regular reserved vacancy
(viii) Appraiser's Seniority Documentation His appraiser's Final Seniority was granted to him on 01.09.1993. Provide me with a copy of the note sheet/documents detailing this decision.
(ix) Feeder Cadre Designation. (As of 01.07.1960): Provide me with a copy of a copy of the note sheet/document/evidence having Information regarding D.FB. Roy-l's feeder cadre designation on 01.07.1968 for the promotion to the appraiser, including relevant documents
11. 40-Point Rosters (Jan 1990 Dec 1994): Provide me with a copy of a copy of the note sheet/documents/evidence showing the complete rosters of SC/ST (for EO/FPO) used for determining the inter-se-seniority on 07.09.1993 of Appraisers, as per Establishment Circular No. 60/2012 Page 7 of 14 dated July 17, 2012, for promotion to Assistant Commissioner of Customs & Excise
12. Reservation Policy Compliance (Jan 1989 Dec 1994): Provide me with a copy of the note sheet/documents/evidence showing compliance with the reservation policy in promotions, including the full note sheet of the roster system and copies of applicable rules and guidelines during Jan 1989-Dec 1994.
13. Ministry's Letter (F. No. A-23011/1/2004-Adil A dated 30.03.2012):
Provide me with a copy of a copy of the cited letter as per Establishment Circular No. 60/2012 July 17, 2012.
14. Establishment Circular No. 60/2012, July 17, 2012: Provide me with a copy of this circular.
15 Seniority of Ajay Kumar: The request is to provide me with a copy of the note sheet, documents, or evidence demonstrating adherence to the reservation policy regarding modifying Ajay Kumar's seniority. This alteration changed his seniority year from 1993 to 1995 for promotions within the Appraiser cadre. Ajay Kumar, whose name was incorrectly written as Ajoy Kumar at Sr no 110 in Establishment Circular No. 60/2012 July 17, 2012, was initially promoted on a regular basis on 24.09.1993 vide Establishment Order No. F. No. S. 31-1/93 Estt. I may be provided with a copy of the relevant rule or the Board's directive/instructions applicable to this case.
16. Complete Inter-Se-seniority List of Appraisers: The request is to provide with a copy of the note sheet, documents, or evidence that includes directions from the Board or local instructions for creating a Complete final later Se-Seniority List of Appraisers, which was further utilized for promotions to Assistant Commissioner cadre. Additionally, there are arty alternative lists created based on these instructions, copies of those may also be provided.
17. Response to Ajay Kumar's Representation dated 04.07.2013: Provide me with a copy of any response provided by the Commissioner (Airport & Administration) to Ajay Kumar's representation on objection to the alteration that changed his seniority year from 1993 to 1995 vide Establishment Circular No. 60/2012 July 17, 2012, at Sr no 110. Provide me with a copy of the response or reasons for the absence of such a Response
18) Reason for Change in Seniority and Status of a Regular Appraiser Ajay Kumar: Request for copy of Documentation Regarding Ajay Kumar's Seniority Alteration as I am seeking the copies documents and note sheets used to justify the decision to modify Ajay Kumar's seniority from a regular Appraiser in 1993 to a regular Appraiser of 1995, as indicated in Sr no 110 of the Kolkata Custom House Establishment Circular No. 60/2012, dated July 17, 2012. This adjustment has effectively reduced his Page 8 of 14 seniority by two years, extending his regular appraiser status to 1995, contrary to his initial promotion on September 24, 1993, under Establishment Onder No. F. No. 8. 31-1/93 Extt. Additionally, I request to provide me with al copies of pertinent rules, regulations, circulars, or board instructions that support this change in his position and seniority without prior notice
19. Promotion Ratio for Feeder Cadre Officers (1993): Please send me a copy containing the details of the promotion ratio fixed for Feeder Cadre Officers (O/PO) 1993 for the promotion of Appraisers. Alen, send me copies of the relevant rules, Board instructions, or court directions
20. Non-Reflected Officers in Vacancy List: The request is to Provide me with a copy of the list of officers not included in the vacancy calculations According to paragraph (iii) of Establishment Circular No. 60/2012, dated July 17, 2012, this list should include only those officers who were either regularized in the current process or are listed in the seniority list as of December 14, 2004. Sa, provide me with a copy of the list of officers who were regularized before but were not included due to a lack of vacancies prior to their retirement in excluded from this list. Additionally, please provide a copy Asting the names and designations of the excluded officers, along with information about their respective feeder cadres
21. DOPT OM. No 22011/7/86-Estt. (D), dated 03.07.1986: Provide me with a copy of the names of officers considered in feeder cadre (De Recruit & Promottee Appraisers that was sent to UPSC from Kolkata Custom House, as mentioned in para (iv) of Establishment Circular No. 60/2012, dated July 17,2012
22) Appraiser's Seniority Documentation year 1993: Please provide a copy of the complete documents or note sheets detailing the decision to grant seniority on September 1, 1993, as per Establishment Circular No 60/2012, July 17, 2012. This shall include copies of all documentation & note sheets covering the decision-making process."
7. Having not received any response from CPIO, the Appellant filed a First Appeal dated 17.01.2024. The FAA order is Not on record.
8. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal. Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri Himangsu Santra, AC/CPIO present through video conference.Page 9 of 14
9. The Commission is in receipt of a written submission from the Appellant in both the cases which is taken on record. Contents of the same (case- wise) are reproduced below:
CIC/CCUKL/A/2024/121289:
1. Medical Inability to Attend Hearing I am a senior citizen and presently undergoing active cancer treatment.
Due to continuous therapy and resulting severe physical weakness, I am medically unfit to attend the hearing either physically or through video conferencing. Enclosed herewith is a medical certificate substantiating my health condition.
In view of the above, I most respectfully request the Hon'ble Commission to dispose of the matter on merits, considering my written submissions and the documents already placed on record.
2. Sequential Statement of Facts
1. I had filed an RTI Application dated 20.10.2023 addressed to the CPIO, Chief Commissioner of Customs, Kolkata Zone, seeking information on eight specific points relating to cadre strength, promotion panels (particularly for SC/ST categories), and inter-se seniority of Appraisers at the Kolkata Custom House.
2. The CPIO's response dated 14.11.2023 did not satisfactorily address Point Nos. 4 and 8, and other responses were vague or avoided core queries.
3. I filed a First Appeal dated 20.11.2023 before the First Appellate Authority, but the FAA's order dated 20.12.2023 also failed to provide proper and complete information on point no 4 & 8, nor was I offered any opportunity for a hearing.
4. My Second Appeal dated 19.02.2024 was therefore filed before this Hon'ble Commission, restricted to Point Nos. 4 and 8, which remain unaddressed despite multiple efforts and full compliance on my part, including IPOs and postal proof.
3. Grievances Under Point Nos. 4 & 8:
Page 10 of 14Point No. 4: I had requested a copy of the panel of SC/ST officers approved for promotion from the feeder cadre in 1993, which was utilized for appointments to Assistant Commissioner posts (2002 onwards). However, the CPIO erroneously claimed 'no regular vacancy available, despite his own admission in Point No. 7 that 37 regular vacancies existed as of 10.12.2002, later reduced to 3 by April 2003. This contradiction establishes that such a panel must exist. I want copy of the said panel which is mandatory to keep.
Point No. 8: I requested the inter-se seniority list of Appraisers used in forming the All India Seniority for promotions to Assistant Commissioner in 2002 and 2003. Instead, I was furnished a combined list from 2003 to 2014 (Establishment Circular No. 37/2013), which is inapplicable to my request, as it excludes the 1990-1996 data critical to the appeal.
4. Legal and Procedural Grounds The information was not provided within the stipulated time as mandated by Sections 6(1), 7(1) and 19(1) of the RTI Act, 2005.
The First Appellate Authority failed to dispose of the appeal in a time- bound and effective manner or direct the CPIO to correct deficiencies.
5. Prayer/Relief Sought In view of the above, I respectfully request the Hon'ble Commission to:
(1) Decide the matter on merits without insisting on my personal presence, in view of my medical condition.
(1) Direct the CPIO to provide the requested information on Point Nos. 4 & 8 from my RTI application dated 20.10.2023.
(iii) Issue appropriate directions to the First Appellate Authority to ensure submission of information within a specified period as per the RTI Act.
(iv) Consider invoking Section 20 of the RTI Act for non-compliance and unexplained delay, if deemed appropriate.
I place my faith in the fairness and integrity of your Commission, and submit that the matter be considered on record, allowing relief to a law- abiding citizen pursuing accountability through lawful means."
Page 11 of 14CIC/CCUKL/A/2024/121283 "2. Grounds already urged before the Commission Non-receipt of information from the CPIO within the 30-day period mandated In section 7/1) of the RTI Act Failure of the FAA to decide the first appeal within the 45-day period under section 19/63.
Consequent violation of sections 6(1), 7(1) and 19(1) of the Act.
3. Present request - inability to attend the scheduled hearing
1. Medical condition - I am presently undergoing chemotherapy for carcinoma (oncology case reference available). The treatment regimen is cyclic and will continue for several months. My oncologist has advised strict rest; I suffer from extreme fatigue, immuno-suppression and restricted mobility.
2. Travel constraints Even the short commute to the NIC video-conference facility at Old Customs House, Fort, Mumbai poses a serious health risk in my current condition.
3. Senior-citizen status heightened. At 65 years of age, my vulnerability to infection is Certified medical documents are enclosed for the Commission's kind perusal.
4. Prayer In view of the above, I most respectfully request that:
(a) The Hon'ble Commission may kindly decide the matter on merits on the basis of the written submissions already on record, treating my personal presence as dispensed with.
(b) In the alternative, if personal hearing is deemed indispensable, I may permitted to file additional written arguments and supporting documents lieu of physical/VC appearance.Page 12 of 14
(c) Appropriate directions may please be issued to the respondent CP expeditious disclosure of the information sought and for consideration penalties under section 20, as prayed in my appeal memorandum."
10. The Respondent by placing reliance on his written submission stated that point-wise reply along with relevant available information has already been provided to the Appellant initially. Further, upon receipt of hearing notice from the Commission, he re-visited the contents of Second Appeal and instant RTI applications and drafted an updated reply on the CIC's portal in the respective case.
Decision:
11. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of records observes that as far as RTI applications are concerned appropriate response has been given by the Respondent earlier and now vide written submission which is treated as revised and updated reply as the same are found to be in consonance with the provisions of the RTI Act and is thus, upheld.
12. However, in the spirit of the RTI Act, the Respondent is directed to share a copy of their written submissions along with enclosure free of cost with the Appellant through email at <ajaykumarcustoms[at]gmail[dot]com>, within one week of the date of receipt of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 13 of 14 Copy To:
The FAA O/o the Chief Commissioner of Customs, Kolkata Zone, Customs House, 15/1, Strand Road, Kolkata - 700001 Page 14 of 14 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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