Central Information Commission
Vishnu Saraswat vs Agricultural And Processed Food ... on 3 March, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/APPEA/A/2018/632359/03041
File no.: CIC/APPEA/A/2018/632359
In the matter of:
Vishnu Saraswat
... Appellant
VS
CPIO & Dy. General Manager
Agricultural and Processed Food Products Export (APEDA)
Development Authority, 3rd Floor, NCUI Building,
3, Siri Institutional Area, August Kranti Marg,
Opp. Asiad Village, New Delhi - 110 016
...Respondent
RTI application filed on : 25/04/2018 CPIO replied on : 23/05/2018 First appeal filed on : 25/05/2018 First Appellate Authority order : 22/06/2018 Second Appeal dated : 27/09/2018 Date of Hearing : 03/03/2020 Date of Decision : 03/03/2020 The following were present:
Appellant: Present over VC Respondent: Rekha Mehta, AGM & Nodal CPIO, present in person.
Information Sought:
The appellant has sought the following information:
1. Related to transfer policy for APEDA Employees:
i) Whether any Transfer/Rotational Policy for APEDA's employees has been implemented by APEDA
ii) Whether the transfer/rotational policy has been implemented, and the same was available in the public domain?
(iii) And other related information.1
2. Cadre/work separation for Group-B Officer/staff:
(i) What are the criteria for seniority in Group-B posts and their respective work allocation as per APEDA Recruitment Rules for following Group-B posts:
1) Accountant
2) Office Executive
3) Senior Office Executive
4) Field Officer
5) EDP
6) Junior Hindi Translator etc.
(a) Present strength of each cadre for Group-B posts
(b) Is Accountant (Group-B) can do other activities than "Budget & Account work" like Product Division work, field inspection for infrastructure, pack- houses etc.
(c) And other related information.
3. Other related information.
Grounds for Second Appeal The CPIO has not provided the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that the desired information has not been provided to him. He further submitted that even though he has completed 02 years of service in Guwahati after he was transferred there, the respondent authority has not transferred him back to Delhi.
The CPIO submitted that since the APEDA is in the process of restructuring its organisation and until and unless it is completed, the direction given by the FAA in his order dated 22.06.2018 cannot be complied with by them.
Observations:
Having heard the submissions of both the parties, it is noted that there was no transfer policy which was followed in the respondent organisation and a reply to this effect was given to the appellant on 23.05.2018. Thereafter, the First Appellate Authority in his order dated 22.06.2018 directed the PIO to frame the transfer policy and to provide relevant information to the appellant. On a query by the Commission whether any transfer policy was framed or not, the CPIO submitted that at present the organisation itself is under the process of 2 File no.: CIC/APPEA/A/2018/632359 restructuring and the matter of transfer policy framing will be taken up only after the restructuring is completed. Under such circumstances, the Commission is not in a position to give any relief to the appellant.
With regard to the grievance of the appellant that even though he has completed 02 years of service in Guwahati after he was transferred there, the respondent authority has not transferred him back to Delhi, the appellant should note that the Commission is not an appropriate forum for redressal of grievances and any such issue should be taken up with the competent authority within the organisation itself.
Decision:
In view of the above, the Commission upholds the submissions of the CPIO and does not find any scope for intervention in the matter.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3