Central Information Commission
Ravinder Singh Payal vs Indian Council Of World Affairs on 12 September, 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/ICWAF/A/2023/635061
Shri Ravinder Singh Payal ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Indian Council of World Affairs
Date of Hearing : 10.09.2024
Date of Decision : 10.09.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 21.02.2023
PIO replied on : 23.03.2023
First Appeal filed on : 17.04.2023
First Appellate Order on : 09.05.2023
2 Appeal/complaint received on
nd : 21.07.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 21.02.2023 seeking information on following points:-
1. "From October 2nd to October 31st, 2022, the Government of India launched a Special Campaign for the Disposal of Pending Matters. ICWA may submit the report or response to the government, an administrative ministry, or any other government agency; please provide a copy along with all attachments.
2. Government of India launched a Campaign towards filling up of vacant posts in the ministries/ department in the mission mode. It is the responsibility of each autonomous body's administrative ministry to update, reconcile, and so on the vacancy data for the purposes of this campaign. For this purpose, ICWA may submit a report/response to the government, administrative ministry, or any other government agency, please provide a copy of the report/response submitted by ICWA.
3. ICWA Regular staff Sanctioned strength status designation wise may kindly provide as a tabular form.
4. MEA deployment/deputation wise sanctioned strength status designation wise may kindly provide as a tabular form.
5. Please provide information about regular retired employees of ICWA who have been appointed on contract basis or through any outsourced agency.
6. If any ICWA retired staff are not appointed on a contract basis or through an outsourced agency, then some other staff other than ICWA retired regular staff may be appointed on a contract basis or through an outsourced agency in the ICWA; please provide designation-wise detail.
Page 1
7. Have ICWA Recruitment Rules been established? If yes, please state the position of the rule which provides for non-appointment.
8. Provide the designations and numbers of all the people, personnel, and staff who work in ICWA (regular, delegation, deployment, personnel hired through an outsource agency, cleaning staff, security staff, gardeners, contract staff, interns, and so on).
9 From the year 2010-11 till date, provide the details of all the audit paras and audit memos issued by DGACE, C&AG, MEA internal audit party on outsourced personnel and outsourced agencies, along- with their old and new replies. Also provide the details of those audit paras and memos with respect to the above that are still pending.
10. From the year 2017-18 till date, provide the details of all the audit paras and audit memos issued by DGACE, C&AG, MEA internal audit party for ICWA regular employees MACP, CGHS medical facility, new recruitments, promotion etc, along with their old and new replies. Also provide the details of those audit paras and memos with respect to the above that are still pending."
The CPIO vide letter dated 23.03.2023 replied as under:-
2. Point-wise reply to your RTI Request is given below:
(1) A copy of our e-mail dated 5.12.2022 to MEA along with its enclosure is attached;
(2) Copies of our e-mails dated 26.7.2022, 16.8.2022 and 29.9.2022 along their enclosures are attached;
(3) The information sought is at Annexure-I;
(4) The information sought is at Annexure-II; (5) Number of regular retired employees of ICWA who have been appointed on contract basis or through outsourced agency is Nil, (6) The designation-wise details of staff members appointed on contract basis or through outsourced agency are given in Annexure-III; (7) The Indian Council of World Affairs Recruitment Regulations, 2017 has come into force on 25.4.2017. It is in public domain; (8) The information sought is at Annexure-IV; (9) Copies of the following documents are attached:
(i) Audit Para No.1 of Part-II B of Local Audit of ICWA for the period 2011-12 to 2012-13: Manpower Management, and replies sent vide our letters dated 17.9.2021, 27.10.2021 and 3.2.2023;
(ii) Audit Para No.3 of Part-II B of Local Audit of ICWA for the period 2014-15:
Irregular grant of increment to outsourced staff, and reply sent vide letter dated 4.3.2016; and
(iii) Audit Para No. 1 of Part-II B of Local Audit of ICWA for the period 2017-
2021:
Non-renewal of Contract for Outsourcing Agency, and replies sent vide letters dated 17.9.2021, 27.10.2021 and 3.2.2023 are attached. Para No.1 of Part-II B of Local Audit for the period 2011-12 to 2012-13 is pending.
(10) Copies of the following documents are sent herewith:
(i)Audit Para No.2 of Part-II B of Local Audit of ICWA for the period 2017-2021:
Non-implementation of Recruitment Rules non-implementation of financial upgradation for assured career progression) and reply sent vide our letters dated 17.9.2021, 27.10.2021 and 3.2.2023;
(ii) Audit Para No. 7 of Part-II B of Local Audit of ICWA for the period 2017-
2021:
Page 2 Recovery of CGHS Contribution, and replies sent vide our letters dated 17.9.2021, 27.10.2021 and 3.2.2023; and
(iii) Audit Para No.13 of Part-III of Internal Audit of ICWA for the period from 1.4.2019 to 31.3.2022: Non-implementation of Recruitment Rules поп-
implementation of financial upgradation, and reply sent vide letter dated 4.1.2023 are attached.
Audit Para No.7 of Part-II B of Local Audit of ICWA for the period 2017-2021 and Audit Para No.13 of Part-III of Internal Audit of ICWA for the period from 1.4.2019 to 31.3.2022 are pending."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.04.2023. The FAA vide order dated 09.05.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: P.Jeya Pazham ,US &CPIO The CPIO submitted that the information along with the documents sought by the appellant has been furnished.
Decision:
keeping in the view of the case and the submissions made by the CPIO , the commission is of the view that an appropriate response as per the RTI Act, 2005 has been provided by the CPIO no further intervention of the commission is required in the instant matter. Hence, with the above observation, the second appeal stands disposed off.
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 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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