Shweta Vishwakarma vs Central Board Of Indirect Taxes And ... on 12 February, 2021

[Cites 3, Cited by 0]

Central Information Commission

Shweta Vishwakarma vs Central Board Of Indirect Taxes And ... on 12 February, 2021

Bench: Neeraj Kumar Gupta

                           के   ीय सूचना आयोग
                     Central Information Commission
                        बाबा गंगनाथ माग,मुिनरका
                      Baba Gangnath Marg, Munirka
                      नई द ली, New Delhi - 110067

ि तीय अपील सं या/Second Appeal No.CIC/CBECE/A/2019/642094

Shweta Vishwakarma                                    ... अपीलकता/Appellant
                                  VERSUS
                                   बनाम
CPIO, M/o. Finance, CBIC, New                         ... ितवादी /Respondent
Delhi

Relevant dates emerging from the appeal:

RTI : 03-03-2019           FA    : 10-04-2019         SA: 07-06-2019

CPIO : 09-04-2019          FAO :24-04-2019            Hearing: 08-02-2021

                                 ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o. Finance, CBIC, North Block, New Delhi seeking following information:-

"1. Provide the copy of note sheet pages vide which CBIC Board is finalizing Inter Zonal Transfer Policy as per instructions of DOPT which is followed by Ministry/ Government of India.

2. Provide the copy of all letters which have been written by CBIC Board to DOPT as well as to DGHRD to finalizing Inter Zonal Transfer Policy after 20.09.2018.

3. Provide the copy of all the minutes of meeting which are held for finalizing the policy of Inter Zonal Transfer in the grade of Inspector, Executive Assistant, Steno I and II.

4. Provide the copy of policy of transfer in respect of Group A officers working under CBIC.

5. Inform DOPT instructions is being followed for Transfer of Group A officers or not, provide copy of transfer order issued of Group A officer on request of spouse ground after 2016.

Page 1 of 3

6. Provide the copy of Inter Zonal Transfer policy in the grade of Executive Assistant.

7. Provide the copy of Note Sheet Page vide which decision of forwarding of my representation regarding Inter Zonal Transfer of Shri Nitin Kumar Sharma, Executive Assistant was wrongly forwarded to Chief Commissioner of CGST & CX, Vadodara Zone, Vadodara in place of Chief Commissioner, CGST & CX, Lucknow Zone, Lucknow.

8. Provide the copy of instruction was given to Chief Commissioner, CGST &CX, Lucknow Zone, Lucknow regarding transfer of Shri Nitin Kumar Sharma, Executive Assistant in respect of my letter dated 18.02.2019 address to Chief Commissioner, CGST & CX, Lucknow Zone, Lucknow and copy of the same is endorsed to Under Secretary to the Government of India, Ad III A, CBIC, New Delhi. (Copy attach)

9. Inform whether Inter Zonal Transfer in the grade of Executive Assistant on spouse ground can be done or not, if not then provide the reasons of the same with supporting documents such as circulars/letters etc.

10. Inform if any Tax Assistant working under CBIC gets promotion on the post of Executive Assistant, then he may get transfer in the grade of Executive Assistant or not.

11. Provide the copy of circular vide which earlier Inter Zonal Transfer on the spouse ground was opened and also provide the copy of decision of Supreme Court regarding posting of husband and wife on same centre and what decision is taken by Board in this regard.

12. Provide the copy/ reason/circular/instruction why CBIC is adopting different approach towards transfer of their employees in comparison of other Govt. Department and copy of Note Sheet page where any remarks by senior officials is given to differ from DOPT guidelines."

2. The CPIO responded on 09-04-2019. The appellant filed the first appeal dated 10-04-2019, which was disposed of by the first appellate authority on 24- 04-2019. Thereafter, she filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Page 2 of 3

Hearing:

3. The appellant, Smt. Shweta Vishwakarma was represented by her husband Mr. Nitin Kumar Sharma through audio conferencing. Mr. Ravish Kumar, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

4. The representative of the appellant contended that no point-wise reply has been provided by the CPIO till date.

5. The respondent regretted for not sending a point-wise reply to the appellant and further agreed to send a revised reply to the appellant within a period of 30 working days from the date of receipt of this order. Decision:

6. This Commission observes that the then CPIO has neither provided the point-wise information to the appellant nor has denied the information under any specific exemption clause and therefore, he is directed to show cause as to why penalty should not be imposed on him for contravening the provisions of the RTI Act, 2005. Further, the CPIO is directed to send a revised point-wise reply to the appellant as per the RTI Act, 2005, within a period of 30 working days from the date of receipt of this order.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.


                                                             नीरज कु मार गु ा)
                                       Neeraj Kumar Gupta (नीरज             ा

Information Commissioner (सूसूचना आयु ) दनांक / Date : 08-02-2021 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक),(011-26105682) Addresses of the parties:

1. CPIO M/o. Finance, Central Board of Indirect Taxes & Customs (CBIC), Section (AD. III-A) North Block, New Delhi-110001

2. Shweta Vishwakarma Page 3 of 3

Unlock Advanced Research with PRISMAI

Central Information Commission