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Mohan Choudhary vs Forest Department Ut Of J & K on 26 March, 2025

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                    के न्द्रीय सूचना आयोग
                           Central Information Commission
                                बाबा गंगनाथ मागग, मुननरका
                           Baba Gangnath Marg, Munirka
                            नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/FDUJK/A/2024/607294

Shri Mohan Choudhary                                            ... अपीलकताग/Appellant
                                   VERSUS/बनाम

PIO, Forest Department UT of J & K                          ...प्रनतवािीगण /Respondent

Date of Hearing                         :   24.03.2025
Date of Decision                        :   24.03.2025
Chief Information Commissioner          :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :          24.07.2023
PIO replied on                    :          18.10.2023
First Appeal filed on             :          26.10.2023
First Appellate Order on          :          01.12.2023
2ndAppeal/complaint received on   :          22.02.2024

Information sought

and background of the case:

The Appellant filed an RTI application dated 24.07.2023 seeking information on the following points:-

"Kindly provide the details of official action taken by JK UT administration for implementation of office order vide F. No. 32012/01/2016-IFS-I(AGMUT) dated: 29th March 2023 of MoEF&CC, New Delhi, wherein Junior Administrative Grade (Level-12 in Pay Matrix) has been granted w.e.f. 01-01-2023 while treating me (Sh. Mohan Choudhary IFS 2014 Batch) an officer of JK Cadre. Office order has been endorsed to the Chief Secretary of JK UT (at S. no. 10) and to the Advisor of HLG JK UT (at S. No. 14) by MoEF&CC but yet, order has not been implemented by JK UT administration even after lapse of five months in violation of article 14 & 21 of constitution of India."

The CPIO, Deputy Secretary, Forest, Ecology & Environment Department vide letter dated 18.10.2023 replied as under:-

"Kindly find enclosed herewith a copy OM No. GAD-VIGORTI/58/2023-09-GAD, dated 20.09.2023, received from General Administration Department, under the RTI Act, 2005. In this connection I am to say that that with regard to the implementation of office order F. No. 32012/01/2016-IFS-I (AGMUT), dated 29.03.2023 of MoEFCC, GoI, New Delhi, CPIO is not supposed to draw inferences or opinions to treat you an officer of UT of J&K or not.

Accordingly, you are requested to desist from such hypothetical questions in the future while filing applications under RTI Act, 2005."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 26.10.2023. The FAA, Additional Secretary, Forest, Ecology & Environment Department vide order dated 01.12.2023 stated as under:-

"Whereas, it is apparent that arguments of Appellant are based on interpretation/inferences of things instead of any specific information, as laid down and CPIO has no role/domain to adjudicate upon such things as his reliance is absolutely on information, which otherwise is readily available and not supposed to draw any inferences.

Now, therefore, taking all aspects into consideration, the First Appeal on grounds referred heretofore, is not maintainable, and, therefore, liable for rejection. Hence, rejected."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

The Appellant has submitted written submission dated 15.03.2025 stating that though inquiry report in response to query number 1 of his RTI application has been provided, he is entitled to information sought vide query number 2, placing reliance on decision of the High Court of Kerala at Ernakulam in WP(C) No. 11973 of 2009 (N) WP(C) No. 6796 of 2009(T).

A written submission dated 19.03.2025 has been received from CPIO, GAD, Govt. of J&K reiterating the abovementioned facts.

Written submission dated 20.03.2025 has been received from the Department of Forest, Ecology and Environment, Govt. of J&K which reveals that the PIO, Forest, Ecology and Environment, J&K had responded vide reply dated 18.10.2023 stating as under:

Sir, Kindly find enclosed herewith a copy OM No. GAD-VIGORTI/58/2023-09-GAD, dated 20.09.2023, received from General Administration Department, under the RTI Act, 2005. In this connection I am to say that that with regard to the implementation of office order F. No. 32012/01/2016-IFS-I (AGMUT), dated 29.03.2023 of MoEFCC, GoI, New Delhi, CPIO is not supposed to draw inferences or opinions to treat you an officer of UT of J&K or not.

Accordingly, you are requested to desist from such hypothetical questions in the future while filing applications under RTI Act, 2005 The PIO, Forest, Ecology and Environment further stated that the First Appeal dated 26.10.2023 filed by the Appellant had been duly rejected by the FAA vide order dated 01.12.2023. Copies of relevant documents have been duly annexed with the written submission.

Hearing was scheduled after giving prior notice to both the parties. Appellant: Not present Page 2 of 3 Respondent: Shri Naresh Kumar- Addl. Secretary, Department of Forest, Ecology and Environment and Shri Shoaib Noor- Dy. Secretary, General Administration Department, Govt. of J&K were present through video conference present during hearing.

The Respondents from the Department of Forest, Ecology and Environment and general Administration Department, Govt. of J&K present during hearing reiterated that information as available on record and permissible has been disclosed under the provisions of the RTI Act had been duly provided to the Appellant, as mentioned clearly in the respective written submissions filed by them.

Decision:

Perusal of records of the case reveals that the information available on record with the public authority and defined as information under Section 2(f) of the RTI Act, has been duly provided to the Appellant. The Appellant is aggrieved by alleged non payment of his salary by the Government of J&K, which is countered by the Respondent's arguments that the Appellant had been transferred to UT of Ladakh and he has failed to comply with the said orders of transfer. Hence appropriate action had to be initiated against him. However the said proceeding being a matter of administrative decision of the Respondent regarding transfer posting of officers, cannot be adjudicated under the scope and ambit of the RTI Act. Considering the fact that the written submissions filed by the Respondents from Department of Forest, Ecology and Environment and the General Administration Department, Govt. of J&K are detailed, succinct and self explanatory, the Respondents from the respective Departments present during hearing are directed to send a copy of the same with annexures if any, to the Appellant, within two weeks of receipt of this order and submit a compliance report in this regard before the Commission within one week thereafter.

The Commission is of the considered view that the response sent by the Respondents from Department of Forest, Ecology and Environment and the General Administration Department, Govt. of J&K are relevant and appropriate, besides being well within the precincts of the RTI Act. Hence, no further intervention is warranted in this case, under the RTI Act.

The appeal is disposed off as such.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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