Mukesh Kumar vs Chief Commissioner Of Central Excise, ... on 15 December, 2021

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Central Information Commission

Mukesh Kumar vs Chief Commissioner Of Central Excise, ... on 15 December, 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/CCCER/A/2020/671965

Mr. Mukesh Kumar                                          ... अपीलकता /Appellant
                                    VERSUS
                                     बनाम
CPIO                                                       ... ितवादी/Respondent
O/o. the Chief Commissioner
CGST & CX, Ranchi Zone
CR Building (Annexe), Veer Chand
Patel Path, Patna, Bihar-80001

Relevant dates emerging from the appeal:-

RTI : 05-12-2019             FA     : 20-03-2020           SA       : 31-05-2020

CPIO : 17-03-2020            FAO : Not on Records          Hearing : 14-12-2021

                                   ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) O/o. the Chief Commissioner CGST & CX, Patna, Bihar. The appellant seeking information on five points including inter-alia as under:-

"1. Pleas provide the instruction rule clarification about the stepping up case will not be applicable in this matter when my junior shri Sheo Dharshan Ram (DOB-06-02-1967) is getting 2nd MACP in 4800 in PB-2 6th CPC w.e. from 06-12-2012 and his senior, Mukesh Kumar (DOB-11-05-1967) is getting MACP in 4800 in PB-2 w.e. from 06-12-2012.

2. Please provide the instruction rule clarification that the benefit i.e. placement of next pay matrix and consequential pay fixation after completion of 4 tears of Superintendent grade i.e.30-09-2018 in terms of CBIC letters F. No. A-26017/219/2008-Ad-IIA dated 16- 09-2009 and F. No. 26017/216/2016/Ad-IIA dated 10-04-2017 given to Shri Sheo Darshan Ram, Superintendent is correct". etc.

2. The CPIO vide letter dated 17-03-2020 furnished a web link to the appellant. Being dissatisfied with the same, the appellant has file first appeal Page 1 of 3 dated 20-03-2020 and requested that the information should be provided to him. The order of the FAA, if any, is not on record with the Commission. Thereafter the appellant has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant's wife Ms. Kabita Gupta informed the Commission that the appellant is no more alive. The Commission is also in receipt of the death certificate of the appellant dated 11.08.2020. Since the appellant is no more, the matter is being decided on merit of the case. The respondent, Shri Ram Karan Safi, Asst. Commissioner/ CPIO attended the hearing through audio-call.

4. The respondent submitted their written submissions dated 08.12.2021and the same has been taken on record.

5. The respondent while reiterating the replies of the CPIO/ FAA submitted that the information as sought by the appellant is already available on the public domain both in the site of DoPT as well as CBIC.

Decision:

6. The Commission, after hearing the submissions of the respondent and after perusal of records, observes that the appellant has sought copies of the instructions/ rule/clarification with regard to MACP and issues related thereto. The Commission observes that the information sought by the appellant is more of clarification in nature. But the CPIO is not supposed to create information; or to interpret information; or to compile information as per the desire of the appellant under the ambit of the RTI Act. Nonetheless the respondent has furnished the general web link where the said information as sought by the appellant can be accessed directly. However the Commission observes that the web link as furnished by the respondent is flooded with numerous such instructions/ rule/ guidelines. Keeping in view the same, the Commission therefore directs the respondent to furnish a specific web- link where information pertaining to the instructions/ rule/ guidelines related to MACP can be accessed, within a period of 15 days from the date of receipt of this order under the intimation to the Commission. Since the appellant is no more alive, therefore the Commission treats the instant matter as abated.

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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           ा
                                                               सूचना आयु )
                                     Information Commissioner (सू

                                                        दनांक / Date : 14-12-2021
Authenticated true copy
(अिभ मािणतस यािपत ित)

S. C. Sharma (एस. सी. शमा ),
Dy. Registrar (उप-पंजीयक),
(011-26105682)

Addresses of the parties:


1.    CPIO
      O/o. the Chief Commissioner CGST & CX,
      Ranchi Zone , CR Building (Annexe),
      Veer Chand Patel Path, Patna, Bihar-80001

2.    Mr. Mukesh Kumar




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