Arnab Dutta vs Controller General Of Accounts on 21 February, 2022

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Central Information Commission

Arnab Dutta vs Controller General Of Accounts on 21 February, 2022

Bench: Neeraj Kumar Gupta

                            के   ीयसूचनाआयोग
                     Central Information Commission
                         बाबागंगनाथमाग ,मुिनरका
                      Baba Gangnath Marg, Munirka
                      नई द ली, New Delhi - 110067

ि तीयअपीलसं या/Second Appeal No.CIC/CGACT/A/2020/600579

Mr. Arnab Dutta                                     ... अपीलकता /Appellant
                                   VERSUS
                                    बनाम


The CPIO                                            ... ितवादी/Respondent
The Principal Accountant General
Kolkata .

Relevant dates emerging from the appeal:-


RTI : 20-08-2019            FA     : 24-09-2019          SA     :06-01-2020


CPIO : Not on Record        FAO : 22-10-2019             Hearing: 17-02-2022


                                   ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) Principal Accountant General, Kolkata. The appellant seeking information is as under:-

"O.O no admin III/6-7/PFC/16/22 dated 21.01.2019 invited for the revised pay upon within a period of 3 months from the date of issue of OM ibid strictly in terms and condition as laid down in rules 5 & 6 of CCS (RP) Rules , 2016. As a result of instruction issued by Hq leer No- 4- 13/17-IC/E-IIIA, dated 12.12.2018, the office asked to submitted the revised upon to all such employees within 3 months of issuance of these Page 1 of 4 orders i.e on or before 11.03.2019. There are many A)Sr. Auditor of this office has sublimed the revised upon form at the office In connection to the above the following information is sought below: 1) State whether the Sr Ar/ applicants who submitted the revised upon form are eligible to come over to the revised pay structure in the 7th CPC supported with relevant documents B) If the answer to the point no-1 is yes, state the reasons behind delaying in disbursing the revised pay structure in the 7th CPC supported with relevant documents. 3) State the reasons behind disparity in pay of Sr. Auditor who joined this office through CGLE 2012 between two office i.e O/o the AG (E&RSA), WB and Pr. A.G (G&SSA), WB , in spite of the facts that the controlling authority of both the office is same."

2. The CPIO has not furnished information to appellant. Being dissatisfied with the same, the appellant has filed first appeal dated 24-09-2019 and requested that the information should be provided to him. The FAA vide its order dated 22-10-2019 has provided reply to appellant. He has filed a second appeal on 06-01-2020 before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant did not attend the hearing despite notice. The respondent Mrs. Aditi Sharma, CPIO/Sr. DSC attended the hearing through audio-call.

4. The respondent submitted their written submissions dated 02.02.2022 and the same has been taken on record.

5. The respondent submitted that their office has received the instant RTI Application on 28.08.2019 through transfer under section 6 (3) from the O/o the Comptroller & Auditor General of India, New Delhi vide letter dated 22.08.2019. That the reply to the RTI Application was provided to the appellant on 18.09.2019 vide which it has been informed that "their office is the cadre controlling authority dealing with such pay-related matters, and this office has no information in this regard."That a copy of RTI application of Shri Arnab Dutta was also forwarded by thethen CPIO to the CPIO of the O/o the Pr. Accountant General(G&SSA), West Bengal, now renamed O/o the Pr. Accountant General(Audit-l), West Bengal, vide letter dated 19.09.2019for information.

Page 2 of 4

Interim Decision:

6. The Commission, after hearing the submissions of the respondent and after perusal of records, observes that the appellant has sought information related to the eligibility of Sr. Ar./applicants who submitted the revised option form to come over to the revised pay structure in the 7thCPC and other queries related thereto. That since the respondent has informed the Commission that the information sought in the instant RTI Application pertains to the concerned CPIO, O/o Pr. Accountant General (Audit-I), Kolkata and the instant RTI Application along with hearing notice have already been forwarded to the O/o Pr. Accountant General (Audit-I), Kolkata, however, the concerned CPIO, O/o Pr. Accountant General (Audit-I), Kolkata neither appeared before the Commission nor uploaded any reply on the records of the Commission.

7. In view of the above, the Commission deems it fit to adjourn the instant matter in the interest of justice. The Registry of this Bench is further directed to issue a fresh Notice of Hearing to all the parties concerned including the concerned CPIO, O/o Pr. Accountant General (Audit-I), Treasury Building, 2, Govt. Place (West) Kolkata-700001.

8. With the above observations, the appeal is hereby adjourned.

9. Copy of the decision be provided free of cost to the parties.

नीरजकु मारगु ा) Neeraj Kumar Gupta (नीरजकु ा सूचनाआयु ) Information Commissioner (सू दनांक / Date : 17-02-2022 Authenticated true copy (अिभ मािणतस यािपत ित) S. C. Sharma (एस. सी. शमा ), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 4 Addresses of the parties:

1. CPIO.

The Principal Accountant General West Bengal, 3rd MSO Building, 5th Floor, CGO Complex, DF Block, Salt Lake, Kolkata - 700064

2. Arnab Dutta Page 4 of 4

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