Central Information Commission
Ankit Demta vs Department Of Water Resources And Ganga ... on 22 July, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MOWRC/A/2024/606178
CIC/MOWRC/A/2024/606182
CIC/MOWRC/A/2024/625752
Ankit Demta .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Under Secretary and CPIO,
Room No. 424, Department of
Water Resources, RD and GR,
Shram Shakti Bhawan,
New Delhi - 110001 .... ितवादीगण /Respondent
Date of Hearing : 15.07.2025
Date of Decision : 22.07.2025
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/MOWRC/A/2024/606178
Relevant facts emerging from appeal:
RTI application filed on : 16.09.2023
CPIO replied on : 10.10.2023
First appeal filed on : 19.10.2023
First Appellate Authority's : 14.11.2023
order
2nd Appeal/Complaint dated : 13.02.2024
Page 1 of 9
Information sought:
1. The Appellant filed an (online) RTI application dated 16.09.2023 seeking the following information:
"As per section 2 (e) (f) (g) (h) (i) (j), 20 (1) (2), 7(1) and section 4(1)(a)(b)(c)
(d) of RTI act, and section 65, 74, 75, 76 of The Indian Evidence Act 1872 & in accordance to point 2 of RTI guidelines by DoPT in OM dated 06.10.2015 vide file no.10/1/2013-IR (annex 1), please provide Certified true copy of information within 48 hours pertaining (1) Certified true copy of the approval of The Secretary (MoS&PI)-cum-
CCA, the Competent Authority to approve the transfer/ placement of SSS officers for the transfer of Sh. ANKIT DEMTA, a Subordinate Statistical Service (SSS) officers from Indus Wing, MoJS to Central Water Commission, New Delhi vide communication dated 29.03.2023 of Sh. Ashish Kumar Sao, Under Secretary, MoJS (Annex 3) in accordance with Point 2.2 of Transfer and Placement Policy for Statistical Subordinate Service officials of the Competent Authority of the Ministry of Statistics & PI operative & effective with OM dated 30.08.2022 vide file no. 11024/26(01)/2015-SSS (Annex 2 ,2A, 3 & 4), (2) Certified true copy of information pertaining administrative order which empowers Administrative authorities of the Ministry of Jal Shakti to override & supersede the authority of The Secretary (MoS&PI)-cum-CCA, the Competent Authority to approve the transfer/ placement of SSS officers with Point 2.2 of Transfer and Placement Policy for Statistical Subordinate Service officials of the Competent Authority of the Ministry of Statistics & PI operative & effective with OM dated 30.08.2022 vide file no. 11024/26(01)/2015-SSS (Annex 2 ,2A, 3 & 4), for submission to National Commission for Scheduled Tribes, New Delhi as the requested information pertains to obstruction, denial or violation of Constitutional Rights and Fundamental Rights of Sh. Ankit Demta and acts done in furtherance and abetment of offences under SC ST (POA) Act 1989 leading to violation and deprivation of right to life under Article 21 of constitution of Sh. Ankit Demta having ramifications on Pension, Annual increments and Salary of Sh. Ankit Demta, held in any form by the competent authority and public authority in accordance to the RTI act 2005 and The Indian Evidence Act 1872."
2. The CPIO furnished a reply to the Appellant on 10.10.2023 stating as under:
Page 2 of 9"1 & 2. -Such information is not available.
Further, it is a prerogative of the Department to make order of transfer and posting in r/o SSO/JSO Son the basis of Administrative requirement within the Department (WR)."
3. Being dissatisfied, the appellant filed a First Appeal dated 19.10.2023. The FAA vide its order dated 14.11.2023, held as under.
"1. Now, therefore the undersigned has considered the appeal vis-à-vis the information provided by the CPIO on the matter. It is observed that there is no infirmity in the information furnished by the CPIO, as Sh. Ankit Demta was not transferred to any other Ministry/Dept. while overriding & superseding the authority of The Secretary (MoS&PI)-cum-CCA, the Competent Authority to approve the transfer/placement of SSS officers with point 2.2 of Transfer and Placement Policy for Statistical Subordinate Service officials. He was only reverted back to his parent cadre from this Dept. as his services was not useful for this Dept. Moreover, Dept. of Water Resources. RD & GR vide letter dated 29.03.2023 had only surrendered Sh. Ankit Demta to CWC ie. the nodal authority in the matters of JSO/SSO, after initial request dated 16.03.2023 received from Indus wing where the official was posted and the further action of reverting back/surrendering of Sh. Demta to his parent Ministry/cadre has been processed by CWC vide letter dated 12.06.2023.
2. Apart from this, in the transfer and placement policy of SSS officers dated 30.08.2022 enclosed as Annex 8A by Sh. Demta it is nowhere mentioned that an official may not be revert back to his parent Ministry/Cadre.
4. The appeal is disposed off accordingly."
CIC/MOWRC/A/2024/606182 Relevant facts emerging from appeal:
RTI application filed on : 16.09.2023
CPIO replied on : 10.10.2023
First appeal filed on : 19.10.2023
First Appellate Authority's : 14.11.2023
order
2nd Appeal/Complaint dated : 13.02.2024
Page 3 of 9
Information sought:
5. The Appellant filed an (online) RTI application dated 16.09.2023 seeking the following information:
"(1) certified true copy of information pertaining administrative order which empowers Administrative authorities of the Ministry of Jal Shakti (MoJS) to operate and act as the Competent Authority to transfer Statistical Subordinate Service officials to other Central Government Ministries/Commissions/Organizations Offices without the transfer order from the Ministry of Statistics & PI and by superseding the authority of Ministry of Statistics & PI for Statistical Subordinate Service officials stated in OM dated 30.08.2022 vide file no. 11024/26(01) /2015-SSS (Annex 2) & 2A).
(2) certified true copy of information pertaining administrative order which empowers Administrative authorities of the Ministry of Jal Shakti to override & supersede Transfer and Placement Policy for Statistical Subordinate Service officials of the Competent Authority of the Ministry of Statistics & PI operative & effective with OM dated 30.08.2022 vide file nо.
11024/26(01)/2015-SSS (Annex 2 & 2A).
(3) certified true copy of information pertaining administrative order which empowers Administrative authorities of the Ministry of Jal Shakti to override Point 1.5 of Transfer and Placement Policy for Statistical Subordinate Service Officials of the Competent Authority, Ministry of Statistics & Pl effective with OM dated 30.08.2022 vide file no. 11024/26(01) 2015-SSS.
(4) certified true copy of information pertaining administrative order which empowered Administrative authorities of the Ministry of Jal Shakti to transfer Sh. ANKIT DEMTA, a Subordinate Statistical Service (SSS) officers from Indus Wing MoJS to Central Water Commission, New Delhi vide communication dated 29.03.2023 of Sh. Ashish Kumar Sao, US, MoJS (Annex 3 & 4) without transfer order of the Competent Authority, Ministry of Statistics & PI by overriding & superseding point 1.5 of Transfer and placement policy for Statistical Subordinate Service officials of the Competent Authority of the Ministry of Statistics & PI operative & effective with OM dated 30.08.2022 vide file no. 11024/26(01) /2015-SSS."
6. The CPIO furnished a reply to the Appellant on 10.10.2023 stating as under:
Page 4 of 9"1 & 2. Such information is not available. Further, it is a prerogative of the Department to make order of transfer and posting in r/o SSO/JSO on the basis of Administrative requirement within the Department (WR)."
7. Being dissatisfied, the appellant filed a First Appeal dated 19.10.2023. The FAA vide its order dated 14.11.2023, held as under.
"As per section 2 (e) (f) (g) (h) (i) (j), 20 (1) (2), 7(1) and section 4(1)(a)(b)(c)
(d) of RTI act, and section 65, 74, 75, 76 of The Indian Evidence Act 1872 & in accordance to point 2 of RTI guidelines by DoPT in OM dated 06.10.2015 vide file no.10/1/2013-IR (annex 1), please provide Certified true copy of information within 48 hours pertaining
1. In view of above, It is observed that there is no infirmity in the information furnished by the CPIO, as Sh. Ankit Demta was not transferred to any other Ministry/Dept. while overriding & superseding transfer & placement policy of the Subordinate Statistical Service Officials. He was only reverted back to his parent cadre from this Dept. as his services was not useful for this Dept. Moreover, Dept. of Water Resources, RD & GR vide letter dated 29.03.2023 had only surrendered Sh. Ankit Demta to CWC i.e. the nodal authority in the matters of JSO/SSO, after initial request dated 16.03.2023 received from Indus wing, where the official was posted and the further action of reverting back/surrendering of Sh. Demta to his parent Ministry/cadre has been processed by CWC vide letter dated 12.06.2023.
2. Apart from this, in the transfer and placement policy of SSS officers dated 30.08.2022 enclosed as Annexure 8A by Sh. Demta it is nowhere mentioned that an official may not be revert back to his parent Ministry/Cadre.
3. The appeal is disposed off accordingly."
CIC/MOWRC/A/2024/625752 Relevant facts emerging from appeal:
RTI application filed on : 01.02.2024
CPIO replied on : 29.02.2024
First appeal filed on : 28.03.2024
First Appellate Authority's : 09.04.2024
order
2nd Appeal/Complaint dated : 16.06.2024
Page 5 of 9
Information sought:
8. The Appellant filed an (online) RTI application dated 01.02.2024 seeking the following information:
"As per section 2 (e) (f) (g) (h) (i) (j), 20 (1) (2) and section 4(1)(a)(b)(c) (d) of RTI act, and section 65, 74, 75, 76 of The Indian Evidence Act 1872 & in accordance to point 2 of RTI guidelines laid down by DoPT in OM dated 06.10.2015 vide file no.10/1/2013-IR (annex 1), please provide within 48 hours for the submission to National Commission for Scheduled Tribes case vide file no. NCST/SER- 976/MOJS/2/2023-SSW, Delhi Police and Special Court u/s 14 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 -
(1) True certified hard copy of the Notings and order pertaining to the Nodal officer for the BIOMETRIC ATTENDANCE SYSTEM of Department of Water Resources, Ministry of Jal Shakti, (2) True certified hard copy of the Notings and order pertaining to the BLOCKING of bio-metric attendance Sh. ANKIT DEMTA vide Attendance ID - 145769 (annex 2 & 2A) by the Nodal officer for the BIOMETRIC ATTENDANCE SYSTEM of Department of Water Resources, Ministry of Jal Shakti in light of on-going investigation of National Commission for Scheduled Tribes case vide file no.
NCST/SER-976/MOJS/2/2023-SSW (annex 3), (3) True certified hard copy of the information pertaining to BLOCK and UNBLOCK status of bio-metric attendance Sh. ANKIT DEMTA vide Attendance ID
-145769 (annex 2) by the Nodal officer for the BIOMETRIC ATTENDANCE SYSTEM of Department of Water Resources, Ministry of Jal (4) True certified hard copy of date and details of Gazette Notification, Executive order and Authoritative order issued by the competent authorities giving exemption to the authorities of Department of Water Resources, Ministry of Jal Shakti from compliance, adherence and implementation of Rights of Victims u/s 15A of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 vide regards NCST case vide file no. NCST/SER-976/MOJS/2/2023-SSW, (5) True certified hard copy of the information and Notings pertaining to action taken by the competent authorities of Department of Water Resources, Ministry of Jal Shakti vide regards to the Representation and Complaint dated 03.01.2023 submitted to The Secretary, Department of Water Resources, Ministry of Jal Shakti regarding Protection of Rights of the victim, Sh. ANKIT DEMTA under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, since the requested information pertains to obstruction, denial or violation of Constitutional Rights and Fundamental Rights of Sh. Ankit Demta and acts done in furtherance of offences under SC ST (POA) Act leading to violation and deprivation of right to life under Article 21 of constitution of Sh.
Page 6 of 9Ankit Demta having ramifications on Pension, Annual increments and Salary of Sh. Ankit Demta, held in any form by the competent authority and public authority in accordance with the Right To Information Act 2005."
9. The CPIO furnished a reply to the Appellant on 29.02.2024 stating as under:
"With reference to your RTI application with registration number. MOWRC/R/24/00068 dated 01.02.2024 seeking the information under RTI Act, 2005, it is informed that so far as Admin Section of this Department is concerned, no such information as per section 2(f) of the RTI Act, 2005 is available with the undersigned CPIO."
10. Being dissatisfied, the appellant filed a First Appeal dated 28.03.2024. The FAA vide its order dated 09.04.2024, held as under.
"1. Now, therefore the undersigned has examined the appeal vis-à-vis the information provided by the CPIO on the matter. Accordingly, it is informed that CPIO has appropriately replied the information sought by the applicant as the information desired by the applicant is not available with the CPIO in terms of the section 2(f) of the RTI Act, 2005. However, the copy of mail regarding the transfer of Biometric ID to M/o S&PI for further maintenance and record is annexed herewith.
2. The appeal is disposed of accordingly."
11. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
12. The Commission also noted that proof of having served a copy of his Second Appeal on the Respondent has not been uploaded by the Appellant while filing the same before the Commission. On a query, the Respondent confirms non-service.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Raju, CPIO-cum-Under Secretary and Shri Shiv Ram Kishan, ASO, attended the hearing in person.
13. The Appellant stated that the replies provided by the Respondent in the RTI Applications under question are misleading.
Page 7 of 914. The Respondent submitted that suitable replies in terms of the provisions of the RTI Act and based on available records has been given to the Appellant. While explaining the brief background, he apprised the Bench of the fact that the Appellant was not transferred to any other Ministry/Department and instead he was merely assigned to the sub- ordinate office of the ministry located at the same station i.e. New Delhi, for which they are the competent authority and not the MoSPI. Allegation of the Appellant that the said assignment was issued overriding & suspending transfer & placement policy of the Subordinate Statistical Officials is incorrect.
15. Later on, the Appellant was reverted back to his parent cadre from Respondent Department as his services was not useful for them. Moreover, Department of Water Resources vide letter dated 29.03.2023 had only surrendered Shri Ankit Demta to CWC i.e. The nodal authority in the CWC for the matters of JSO/SSO, after initial request dated 16.03.2023 received from Indus Wing, where the official was posted and the further action of reverting /surrendering of the Appellant to his parent Ministry/cadre has been processed at the level of CWC vide letter dated 12.06.2023 and the same has been communicated to the Appellant vide letter dated 09.11.2023. Thus, they have disclosed all the information as available in the record and have not hidden anything. Appellant is harbouring a grievance which is ill-founded.
16. A written submission has been received from Appellant vide letter dated 06/07.07.2025, and the same has been taken on record.
17. A written submission has been received from Shri Raju, CPIO-cum-Under Secretary, vide letter dated 10.07.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"In reference to the subject mentioned above it is submitted that Shri Ankit Demta vide RTI application no. No. MOWRC/R/E/23/00368 dated 16.09.2023 sought information from the CPIO.
2. The CPIO and Under Secretary (Admn) of this Department consider the RTI application and sent a reply/information pertaining to Admin Section of the department vide this department letter A-50013/341/2023-ADMINISTRATION- MOWR dated 10.10.2023 (copy enclosed) accordingly.Page 8 of 9
3. Further, vide appeal dated 19.10.2023, Shri Ankit Demta had stated that the information requested was not been provided.
4. The FAA considered the appeal vis-à-vis the information provided by the CPIO on the matter. The original application and the reply from the CPIO have been carefully examined.
5. It was observed by FAA that there was no infirmity in the information furnished by the CPIO, as Shri Ankit Demta was not transferred to any other Ministry/Dept. while overriding& suspending transfer & placement policy of the Subordinate Statistical Officials. He was only reverted back to his parent cadre from this Dept. As his services was not useful for this Dept. Moreover, Dept. Of Water Resources. Rd & GR vide letter dated 29.03.2023 had only surrendered Shri Ankit Demta to CWC i.e. The nodal authority in the matters of JSO/SSO, after initial request dated 16.03.2023 received from Indus wing, where the official was posted and the further action of reverting /surrendering of Shri Demta to his parent Ministry/cadre has been processed by CWC vide letter dated 12.06.2023.
6. In view of the above, the appellant had been communicated the same vide order dated 09.11.2023 (copy enclosed)."
Decision:
18. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that suitable replies in terms of the provisions of the RTI Act and based on available records has been given to the Appellant. Grievance of the Appellant about transfer and posting cannot be addressed under the scope and ambit of the RTI Act and the Appellant is advised to approach appropriate forum in this regard. Hence, no intervention of the Commission is required in these cases.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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