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/2023/140324
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 : 22.03.2023
First Appeal filed on : 17.04.2023
First Appellate Order on : 03.05.2023
2 Appeal/complaint received on
nd : 26.09.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 21.02.2023 seeking information on following points:-
1. "ICWA service regulation rule no. 16(6) of financial upgradation for assured career progression clearly states that the first financial upgradation shall be considered for an eligible employee and shall be processed within six months of these regulations coming into force. Please provide the rule position on MACP not being implemented in ICWA despite the fact that an ICWA service regulation has been notified in 2014 and laid before both houses of Parliament.
2. According to the ICWA Act or any other rules or orders, who is the supreme approval authority in respect of ICWA staff rules and regulations, as well as all other activities, etc.? Is it the ICWA Governing Council? the ICWA Governing Body? the MEA? the DG ICWA? etc.
3. As per DOPT order no. 35034/3/2015-Estt (D) dated 22-10-2019 Annexure I point no. 14 states that - The MACPS is. directly applicable only to Central Government Civilian employees. The Scheme may be extended to employees of Central Autonomous/Statutory Bodies under the administrative control of a Ministry/Department subject to fulfilment of conditions prescribed in DOPT'S OM No. 35034/3/2010-Estt. (D) dated 03.08.2010.- The said DOPT order dated 3-8-2010 one of condition point no. (i) states that (i) The earlier ACP scheme was also implemented/adopted by the said Autonomous/ Statutory Body and point no. (ii) states that-The proposal to adopt MACP scheme has been approved by the Governing body.
In this regard please provide the following information, whether :-
Page 1 a. The ACP scheme is adopted by the ICWA governing body? b. The ACP scheme is approved by the ICWA governing body? c. The governing body of the ICWA waived the government's ACP scheme implementation condition for MACP?
d. The MACP scheme is approved by the ICWA governing Body?
4. As per ICWA Service Regulation Rule No. 16, "Financial Upgradation for Assured Career Progression," it clearly states that as below:
(1) There shall be three financial upgradations counted from the date of direct entry into regular service, on completion of ten, twenty and thirty years of service respectively, whenever a person has served ten years continuously in the same grade pay without promotion. (2) The proposals for upgradation shall be considered by the Council's Promotion Committee consisting of three officers, superior to the rank of the person being considered nominated by the Director-General for their recommendations on the basis of their assessment of employee's fitness for the work of the Council as per his or her annual confidential reports for at least last two years prior to the meeting of the Council's Promotion Committee. (3) The proposal for upgradation on the basis of recommendations of the Council's Promotion Committee shall be approved by the Director-General. (4) The upgradation shall only be to the next higher grade pay available, as per Schedule to these regulations. (5) The eligibility conditions and bench mark for achieving financial upgradation shall be issued by further instructions based on the orders issued by the Government of India in respect of Modified Assured Career Progression. (6) The first financial upgradation shall be considered for eligible employee and shall be processed within six months of these regulations coming into force, provided that ten year period shall exclude the periods of extraordinary leave and unauthorised absence condoned and the second upgradation shall be processed only ten years after the date of regular promotion of the first time upgraded employee, on so on, if he continues in service of the Indian Council of World Affairs As per the above rule, the following information may be provided:
a. Is ICWA Service Regulation Rule No. 16 (Financial Upgradation for Assured Career Progression) specially prepared for ICWA regular staff so that they can also be benefitted by the Financial Upgradation??, because in 2014, when ICWA Service Regulation was framed, there was no ACP at that time and MACP is to be given to only those who are beneficiaries of the ACP scheme, etc. b. Financial upgrade for assured career progression Nomenclature is either MACP or ACP, or it is neither. Is it just a financial upgrade for assured career progression?
c. Is the proposal for financial upgradation in respect of regular staff was submitted to the Council's Promotion Committee? d. If answer to (c) above is yes, then the Promotion Committee's recommendation for upgradation may kindly be provide. e. Has Ministry of External Affairs (MEA), as an administrative ministry, and MEA ASFA given their approval to the ICWA service regulation when it is under consideration, concurrence, and approval at MEA? f. As per the ICWA service regulation, the financial upgradation for assured career progression proposal for ICWA regular staff is to be submitted to the Council's Promotion Committee. Please provide all details of Council Promotion Committee, proposal for financial upgradation to DG ICWA etc, minutes of Council Promotion Committee & related all noting copies.
Page 2 g. If the proposal for financial upgradation is not submitted to the Council's Promotion Committee, kindly provide the rule position under which the proposal was not submitted to the Council's Promotion Committee and submitted to MEA or any other office, agency, or somewhere else? and provide all related information and note copies. h. As per the ICWA service regulation, point no. 16, "Financial upgradation for assured career progression," subpoint 6, it states that financial upgradation shall be considered and processed within six months of these regulations coming into force. Is the proposal for consideration being processed and implemented within the six-months' time schedule, and if not, please provide the rule position & note copies?
5. As per the Government of India rule and as per the constitution: On 10 January 2014, under the chairmanship of Cabinet Secretary decided that the process of the Pre Legislative Consultation Policy is to be adopted by the concern Ministry/ department. In this the concern Ministry/department has to publish the proposed legislation with explanatory note either on the internet or through other means.
Such details should be kept in the public domain for at least 30 days. When legislation may be affected to the particular group of people, it should be publish in that manner so it reached to the affected people. The feedback from the stakeholder should take into consideration while drafting the bill or ministry may place consultation programme with stakeholders. Please provide the following information :-
a. Is the draft ICWA Service Regulations and ICWA Recruitment Rules discussed with ICWA regular staff before it's finalisation? Are the service rules and regulations made public for comment before finalization, and so on? b. If so, please provide the noting copies and process. c. If not, under what rules the mandatory condition of discussion with ICWA regular staff was not completed, the rules and regulations not made public before finalization, and so on?
6. After the government takeover of ICWA in 2000, the following information may be kindly provided:
a. Is the MEA staff deployed and on deputation in ICWA covered by GPF? Under which section of the ICWA Act does it state that they are entitled? or any other rule?
b. The ICWA regular staff are not covered under GPF. Provide the copies of noting, under which section of the ICWA Act does it state that ICWA regular employees are not entitled?
c. Is the MEA staff deployed and on deputation in ICWA covered by the government pension (Old Pension Scheme)?. Under which section of the ICWA Act does it state that they are entitled? or any other rule? d. Is the ICWA's regular staff covered by the government pension (old pension scheme)? Reason may provide copies of noting. Under which section of the ICWA Act does it state that ICWA regular employees are not entitled? e. Is MEA staff deployed and on deputation in ICWA covered by CGHS before and after retirement?
Under which section of the ICWA Act does it state that they are entitled? or any other rule?
f. The ICWA regular staff are not covered under CGHS after retirement. Which section of the ICWA Act or any other regulation states that ICWA regular employees are not entitled? Please provide copies of all documentation. g. Higher authorities (all gazetted officers and above) in ICWA are entitled to all central government allowances and scheme benefits, but regular ICWA Page 3 employees are only entitled to a very few benefits. Why can't ICWA regular staff receive similar and equal benefits as officers deployed and deputed in the ICWA office? Please provide copies of noting. Under which section of the ICWA Act does it state that ICWA regular employees are not entitled? h. And other related information."
The CPIO vide letter dated 22.03.2023 replied as under:-
(1) MACP Scheme has not been implemented due to ICWA not meeting the eligibility conditions prescribed in Department of Personnel and Training's Orders;
(2) The Indian Council of World Affairs Act, 2001 and the Rules and Regulations framed thereunder, and the Government of India's Orders, which are in public domain, contain the information sought; (3) Answer to Questions (a), (b) and (c) is 'No', and the answer to Question (d) as 'Yes';
(4) (a) The ICWA (Conditions of Service) Regulations, 2014, and the Government of India's Orders, which are in public domain, contain the information sought;
(b) The ICWA (Conditions of Service) Regulations, 2014, and the Government of India's Orders, which are in public domain, contain the information sought;
(c )The proposal for financial upgradation under MACPS was not submitted to the Council's Promotion Committee;
(d) Not applicable;
(e) MEA and AS(FA), MEA concurred with the notification of ICWA(Conditions of Service) Regulations, 2014;
(f) Not applicable in view of reason stated in 2(1) above;
(g) In compliance with Department of Personnel and Training's Orders, the proposal for financial upgradation under MACPS was submitted to MEA; and
(h) The case for first financial upgradation was processed within 1 year of the ICWA (Conditions of Services) Regulations, 2014 coming into force. (5) (a) Information is not available;
(b) Information is not available, and © Information is not available.
(6) (a) Some of the MEA staff deployed and on deputation in ICWA are covered by GPF as per the General Provident Fund (Central Services) Rules, 1960;
(b) As per ICWA(Conditions of Service) Regulations, 2014, ICWA regular staff are covered by the Employees' Pension Scheme, 1995; Some of the MEA staff deployed and on deputation in ICWA are covered by the Pension Scheme under Central Civil Services (Pension) Rules, 1972;
(d) As per ICWA(Conditions of Service) Regulations, 2014, ICWA regular staff are covered by the Employees' Pension Scheme, 1995;
(e) MEA staff deployed and on deputation in ICWA are covered by CGHS before and after retirement as per Central Government Health Scheme;
(f) The information sought is contained in the ICWA(Conditions of Service) Regulations, 2014, which is in public domain;
(g) The request is beyond the purview of RTI Act, 2005;
(h) Etc."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.04.2023. The FAA vide order dated 03.05.2023 stated as under:-
Page 4
2. "Your Appeal with reference to the RTI application No.MEAWA/R/E/23/00004 dated 21.2.2023 had already been received vide your e-mail dated 24.3.2023 and it was disposed of vide my letter dated 11.4.2023."
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 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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