Central Information Commission
Mr.M P Sathyamurthy vs Department Of Expenditure on 31 October, 2013
Central Information Commission
Room No.305, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in Tel No:26167931
Case No: CIC/SS/C/2013/000037
31.10.2013
Name of the Appellant : Shri M.P. Sathyamurthy
Name of Respondents : Ministry of Finance,
Department of Expenditure
Date of Hearing : 31.10.2013
ORDER
Shri M.P. Sathyamurthy hereinafter called the appellant has filed the present appeal-cum-complaint dated 30.11.2012 before the Commission against the respondent Ministry of Finance, Department of Expenditure, New Delhi for not providing requested documents in response to his RTI application dated 2.7.2012. The appellant was absent whereas respondent were represented by Shri Pankaj Hazarika, Deputy Secretary/FAA and Shri Anil Sharma, Under Secretary/CPIO.
2. The appellant through the RTI application dated 2.7.2012 information on the following five queries in respect of DGQA Rotational Transfer Policy:
"(a) Intimate, whether the DGQA Organization is bound to obtain concurrence and budgetary sanction from Department of Expenditure for the purpose of transferring officials from one station to another with public expense under the Rotational Transfer Policy; (b) If yes, provide the copy of the GOI order/Dept. of Expenditure OMs where it is clearly specified that the Ministries/ Departments are mandatory to obtain concurrence and budgetary sanction; (c) If not, provide the copy of the GOI order/Dept. of Expenditure OMs based on which the DGQA Organization is exempted from 2 CIC/SS/C/2013/000037 complying to obtain mandatory concurrence and budgetary sanction; (d) Intimate whether DGQA Organization is empowered to utilize the other fund for the purpose of movement of officials from one station to another with public expense under the Rotational Transfer Policy; and (e) If yes, provide copy of the AGOI order/OM based on which the DGQA Organization empowered to utilize the other fund for the purpose of movement of officials from one station to another under the Rotational Transfer Policy". The CPIO vide O.M. No. 11(410)/2011-RTI dated 12.7.2012 transferred the RTI application u/s 6(3) of the RIT Act to the CPIO, Ministry of Defence (MOD). The CPIO/MOD vide O.M. No. 41(3)/2011/D (QA) dated 23.8.2012 returned back the RTI application to the CPIO, Department of Expenditure stating that at Point No. (c) the appellant had specifically asked for information from the Department of Expenditure. Thereafter, the CPIO, Department of Expenditure vide letter No. 14(7)/2012-E-II(A) dated 19.9.2012 informed the appellant that the subject matter does not pertain to Department of Expenditure and as such the request was not under Rule 2(f) of the RTI Act.
3. Aggrieved with the reply of the CPIO, the appellant filed appeal on 29.9.2012 before the FAA. The FAA vide his order No. AA 04/2012 dated 2.11.2012 informed the appellant that the information sought relates to the Rotational Transfer Policy of the DGQA Organization, which is under the administrative control of the Ministry of Defence. The issue of transfers in an organization are an administrative matter of that organization and the CPIO, in his letter dated 19.9.2012 correctly pointed out that the subject matter does not pertain to Department of Expenditure and as such, no information was available to be provided by the CPIO.
4. The respondent during the hearing states that the information sought by the appellant is relating to the Rotational Transfer Policy of the DGQA Organization which is under the administrative control of the Ministry of Defence. In this regard the CPIO shows a copy of letter dated 28.11.2011 issued by the Directorate General of Quality Assurance (DGQA) in response to another RTI application of the appellant in which the appellant was provided with a copy of letter No. A/96995/RTP/DGQA/Adm-7B dated 20.5.2011, in which it is stated that the Rotational Transfer Policy was issued 3 CIC/SS/C/2013/000037 with the concurrence of MOD and no approval from DOPT or the Department of Expenditure was taken.
5. Having considered the submissions of the parties, the Commission is of the view that the information sought by the appellant does not pertain to the Department of Expenditure and the CPIO and FAA had suitably informed the appellant. Moreover, the DGQA vide their letter dated 28.11.2011 have suitably informed the appellant, in response to another RTI application filed by the appellant that Rotational Transfer Policy was issued with the concurrence of MOD and no approval from DOPT or the Department of Expenditure was taken. The Commission finds no reason to interfere with the reply of the respondent.
The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar.
4 CIC/SS/C/2013/000037 Address of the parties:
Shri M.P. Satyamurthy, CQA (Electronics), J.C. Nagar P.O., Bangalore-560010.
The Under Secretary (E-IIA)/CPIO, Ministry of Finance, Department of Expenditure, North Block, New Delhi-110001.
The Director (PPD) /FAA, Ministry of Finance, Department of Expenditure, North Block, New Delhi-110001.