Central Information Commission
Shri R.L. Bhatia vs Comptroller & Auditor General Of India ... on 19 February, 2009
CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/01225
Dated, the 19th February, 2009.
Appellant : Shri R.L. Bhatia
Respondents : Comptroller & Auditor General of India (CAG)
This matter was heard on 10.02.2009 in response to Commission's notice dated 21.01.2009. Appellant was present in person, while the respondents were present through Shri R. Srinivasan, Director (Legal).
2. Appellant, in his second-appeal, has stated that he received misleading and "half-hearted" replies from the respondents in response to his RTI-application dated 26.03.2008.
3. In his RTI-application, appellant had raised six queries which CPIO replied through his communication dated 22.04.2008, which was upheld by the Appellate Authority, in his order dated 09.06.2008.
4. The RTI-queries of the appellant and the replies of the respondents are discussed below:-
Item 1: "What is the transfer policy of C&AG office regarding transfer of commercial cadre AOs/Senior AOs (Senior Accounts Officers), AAOs from one station to another. Kindly give the detailed information."
While stating that the cadres of SAOs/AOs/AAOs (Commercial) were liable for All India transfer, respondents informed appellant that the administrative instructions dealing with such transfers were enclosed for his information adding that factors such as administrative convenience and merit of the case were also taken into account in deciding these transfers.
Appellant believes that this information is insufficient because he has not been apprised of the norms set out by the public authority about these transfers.
Decision:
It is not clear whether respondents have a set of norms independent of the administrative instructions, whose copy they have already supplied to the AT-19022009-09.doc Page 1 of 3 appellant. It is, therefore, directed that if the respondents have a set of norms followed for effecting transfers in the cadres mentioned in this query, this shall be supplied to the appellant within two weeks of the receipt of this order.
Item 2: "The circumstances under which Sh. K.C. Khanna, Senior A.O. (Commercial) was transferred from O/o AG Audit Delhi to O/o Principal AG (Audit) Bihar, Patna in Feb. 2005. The orders were withdrawn by the then Deputy C&AG (Shri Srinivasan)"
This information has been declined to be divulged to the appellant by the respondents under Section 8(1)(j) of the RTI Act.
In my understanding Section 8(1)(j) is not applicable to the present query. That Section of the RTI Act is related to 'personal information', but here what the appellant has requested is not the personal information regarding the third-party, Shri K.C. Khanna, but information the about action of the public authority in transferring Shri Khanna. The action of the public authority is well within the ambit of the RTI Act and its disclosure cannot be declined under Section 8(1)(j). Having said that, I am also aware of the fact that the query herein is more in the nature of seeking the respondents' explanation about the transfer of the third-party, Shri Khanna, and as it is not within the scope of Section 2(f) of the RTI Act, it cannot be authorized to be disclosed.
Nevertheless, in order to keep the records straight and to remove any lingering suspicion about the transfer of the said Shri Khanna, it is directed that the file including the note-file dealing with the transfer of Shri Khanna in February, 2005 and its subsequent withdrawal, shall be allowed to be inspected by the appellant within three weeks of the receipt of this order.
Decision:
Respondents are directed to intimate to the appellant a day and time on which he shall be allowed to inspect the files related to this item of query. Appellant shall be allowed to take such copies including certified copies of the document he would inspect, on payment of usual fee.
Item 3: "The circumstances under which Sh.K.C. Khanna, Sr. A.O. (C) was again transferred from Principal DC AII N.Delhi to O/o Principal AG (Audit) New Delhi to O/o Principal AG (Audit) Bihar, Patna in April, 2006."
The direction for the query at Sl.No.2 shall apply to this query mutatis-mutandis.
AT-19022009-09.doc Page 2 of 3 Item 4: "The number and names of commercial cadre SAOs / AOs / AAOs transferred from Delhi to outstation (except those who specifically requested for transfer from Delhi to outstations during 01-04-05 to 20-03-08."
Respondents have provided to the appellant only the number of transfers in response to his query, but have withheld the names of the transferees citing Section 8(1)(j) of the RTI Act.
The respondents are clearly in error in invoking Section 8(1)(j) in withholding the requested information, i.e. the name of the transferee / transferees from the appellant. What the appellant has sought is not a third-party information, but information regarding the decision made by the respondent- public authority about certain transfers of its officers. By no stretch of imagination, a Transfer Order can be said to be a third-party information, or an information personal to that third-party / parties which would bring it within the scope of Section 8(1)(j) of the RTI Act.
Decision:
It is, therefore, directed that information as requested in this item of query of the appellant shall be disclosed to him within two weeks of the receipt of this order.
Item 5: "The number and names of commercial cadre SAOs / AOs / AAOs transferred from an outstation to Delhi giving details regarding whether on promotion or their own request."
The direction in regard to query at Sl.No.4 shall apply to this item of query as well. Respondents will have to divulge the information as requested.
Item 6: "The reasons for not transferring Shri K.C. Khanna, SAO (Commercial) from Pr.AG (Audit) Bihar, Patna to Delhi inspite of his request for the same."
Directions given in regard to query at Sl.No.3 above shall apply to this item of query as well. Appellant shall be allowed to inspect the files related to this query.
5. Appeal disposed of with these directions.
6. Copy of this decision be sent to the parties.
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