Central Information Commission
Ashutosh Khanna (Advocate) vs Forest Department Ut Of J & K on 29 April, 2024
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/2023/610616
Shri Ashutosh Khanna (Advocate) ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Forest Department UT of J & K
Date of Hearing : 23.04.2024
Date of Decision : 26.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 25.10.2022
PIO replied on : 02.12.2022
First Appeal filed on : 24.01.2023
First Appellate Order on : NA
2 Appeal/complaint received on
nd : 28.02.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 25.10.2022 seeking information on following points:-
"1.Kindly provide information about rules position under statutory rules/service rules governing the legality/competency of T&P of an IFS Officer from JK UT to Ladakh UT in Govt. Order no. 16-Jk(FST) OF 2022 dated:-13-02-2022 at point. No. 5, Mr. Mohan Choudhary, IFS presently attached in office of CCF, Jammu is placed at disposal of the Government of UT of Ladakh by Commissioner/Secretary Govt. of JK UT, Forest Ecology & Environment civil secretariat Jammu, without prior approval of cadre management authority of IFS in AGMUT Cadre & in violation to Transaction of Business of the Government of Union Territory of J&K Rules, 2019, under rule 43 & First Schedule for distribution of Business among the Departments is legally permissible. Under rules, Whether T& P order issued by Commissioner/Secretary Govt. of JK UT, Forest Ecology & Environment is within competency, jurisdiction & according to statutory rules or authority issued without competency, out of jurisdiction & in violation of statutory rules as a measure of harassment/victimization to an IFS Officer.
2.Vide Govt. Order no. 100-JK (FST) of 2021 dated:- 20-09-2021 at point no. 7, Mr. Mohan Choudhary, IFS presently posted as DFO, Poonch is Page 1 of 4 attached in the office of Chief Conservator of Forests, Jammu by Commissioner/Secretary to Govt of JK, Forest Ecology & Environment. (attachment without any reason, purpose & time period limit, post). Kindly provide information about rules position under statutory rules/service rules under service permitting attachment of an IFS officer in any office without mentioning any reason, purpose & time period limit of attachment & on no vacant post, is legally permissible. If, service rule does not permit attachment without mentioning any reason, purpose & time period limit of attachment & non- availability of vacant post for attached officer in CCF office, then Govt. Order no. 100-JK (FST) of 2021 of attachment of an IFS officer in CCF Jammu office is totally illegal & mala- fide & issued for the purpose of harassment/victimization to an IFS Officer."
The CPIO, Forest Ecology and Environment Department vide letter dated 02.12.2022 denied the information stating that information sought does not fall within the ambit of 'information' as defined under section 2(f).
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 24.01.2023 which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission has been received from the CPIO, M/o Environment, Forest and Climate Change and same has been taken on record for perusal. The relevant extract whereof as under :
Please refer to CIC Notice of Hearing for Appeal No. CIC/FDUJK/A/2023/610616 dated 01.04.2024 on the subject mentioned above and the undersigned has to submit the following:
The RTI applicant Shri Ashutosh Khanna vide RTI dated 25.10.2022 has requested for following:
i. Rules position under statutory/rules/service rules governing the legality/competency of T&P of an IFS officer from JK UT to Ladakh UT in Govt. Order no. 16-JK(FST) of 2022 dated 13.02.2022. ii. Rules position under Statutory rules/service rules under service permitting attachment of an IFS officer in any office without mentioning any reason, purpose & time period limit of attachment & on no vacant post, is legally permissible.
2. The then CPIO in Ministry of Forest, Climate Change vide letter dated 18.11.2022 (copy enclosed) has informed the applicant that the requested information was not available with him. The applicant then filed appeal dated 22.11.2022 in the matter with the First Appellate Authority in the Ministry.
3. The First Appellate Authority after going through the matter disposed off the appeal vide order dated 12.12.2022 (copy enclosed) endorsing the reply furnished by CPIO citing that the PIO is not supposed to create information that is not part of the record of the Public Authority and the PIO is also not required to furnish information which require drawing of Page 2 of 4 inference and/or making of assumptions or to interpret information or to furnish replies of hypothetical questions.
4. In view of above, it is submitted that the PIO is not supposed to create information that is not part of the record of the Public Authority and the PIO is also not required to furnish information which require drawing of inference and/or making of assumptions or to interpret information or to furnish replies of hypothetical questions. Also all the Service Rules applicable to the members - of All India Service (AIS) including the Indian Forest Service are available in the public domain (at ifs.nic.in) Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: 1. Mr. Prem Prakash Maurya, Ministry M/o Environment, Forest and Climate Change, Government of India, participated n the hearing.
2. Mr. Suhail Ul Islam, Deputy Secretary Forests, Environment & Ecology Department participated in the hearing through video-conferencing.
The Appellant stated that the relevant information has not been furnished to him till date. He stated that he has not sought any opinion or advice of the PIO. He stated that he has sought copy of rule position and same has not been furnished by the PIO. He requested to direct the PIO to furnish the information as sought.
The Respondent stated that the queries raised by the Appellant is clarificatory in nature and do not conform to Section 2(f) of RTI Act. He stated that PIO is not supposed to create information that is not part of the record of the Public Authority and the PIO is also not required to furnish information which require drawing of inference and/or making of assumptions.
Decision:
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. Hence, no further intervention of the Commission is required in the instant matter.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 3 of 4 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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