Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2011/000644
Name of Appellant : Sh. K. Srijith
(The Appellant was not present)
Name of Respondent : Central Board of Excise & Customs, Bhikaji Cama
Place, New Delhi
(Represented by Sh. S. K. Deb, DS &
FAA & Sh. C. K. Basu, US-CBEC)
The matter was heard on : 28.06.2011 (Matter was reserved for
order)
ORDER
Sh. K. Srijith, in his Second appeal filed before the Commission alleges evasive
reply by the CPIO/US(Ad.III B), in spite of specific direction by the FAA, vide order
dated 10.12.2010 directing the CPIO to provide requisite information to the Appellant.
The Appellant had filed an RTI application dated 18.9.2010 seeking to know the
criteria for classifying the officers working under the Central Board of Excise & Customs
(CBEC), New Delhi as Group A, B, C & D officers. He also sought various information
regarding their transfer policy and their entitlement to transfer grants/TA etc.
In a written statement filed during the hearing, the CPIO states that the RTI
application dated 18.09.2010 was returned by him to the Appellant with the request to
send the IPO in favour of proper authority. However, the Appellant filed an appeal
before the FAA, Director (Ad.III-D) against the decision of the CPIO upon which the
FAA, vide his order dated 10.12.2010 directed the CPIO to furnish requisite information
to the Appellant in respect of group B, C & D officers of the Central Board of Excise &
Customs. For group A officers, the application was forwarded to US(Ad.II)/CPIO for
providing requisite information.
The CPIO/US (Ad.III B), vide letter dated 14.12.2010, provided the Appellant with
a copy of the guidelines/order of the Ministry of Personnel Grievance and Pensions
dated 9.04.2009, classifying posts on the basis of pay-scales after the implementation
of the Sixth CPC. The CPIO also informed the Appellant of the general guidelines
issued on 30.6.1994 for transfer of group B, C & D employee working in CBEC. He also
informed the Appellant that the Board has very limited role in transferring and posting of
officers or staff working in the field formations and that it has laid-down clear-cut and
broad guidelines for transfer of these employees. Under these guidelines the Chief
Commissioners and Commissioners, who are head of department under CBEC, are
empowered to formulate their transfer policy.
Upon receipt of a notice from the CIC for hearing in the matter, the CPIO, vide
letter dated 24.06.2011 provided the Appellant with a copy of letter dated 30.06.1994,
referred to the then CPIOs initial reply dated 14.12.2010. This letter dated 30.6.1994
contains existing policy guidelines issued by the Board in the matter of transfer of group
B, C & D employees in the Commissionrates / Directorates under the CBEC. As
regards Appellant’s query on point Nos. 4, 5 & 6 of the RTI application, wherein he has
sought necessary information regarding eligibility of transfer TA/transfer grant, CPIO
has informed the Appellant that this information can be sought from the Cadre
Controlling Chief Commissioners.
Taking into account the submissions made by the parties and on perusal of the
relevant documents on file, the Commission is of the view that whereas requisite
information in respect of group B, C and D officers/staff of CBEC has been provided to
the Appellant. There is nothing to show on record or in the statement of the
Respondent that requisite information regarding group A officers has been provided to
the Appellant by CPIO/US (AD.II) who had been directed by FAA to provide requisite
information regarding group A officers to the Appellant. The CPIO (AD-II) is therefore
hereby directed to provide requisite information to the Appellant.
The PIO/US(Ad.III-B) will forward a copy of this order to the concerned
CPIO/US(Ad-II) within 5 days of receipt of Commission’s order, who will thereafter
provide requisite information regarding Group A officers to the Appellant within 10 days
of receipt of Commission’s order.
With these directions the matter is disposed of on the part of the Commission.
(Sushma Singh)
Information Commissioner
9.08.2011
Authenticated true copy
(K. K. Sharma)
OSD & Dy. Registrar
Copy to:
1. Sh. K. Srijith
“Sopanam”,
Behind AKG Hospital,
Talap, Kannuir-2, Kerala
2. The Public Information Officer,
US(Ad.III B),
Ministry of Finance,
D/o Revenue,
Central Board of Excise & Customs,
R. No. 806, Hudco Vishala Building,
Bhikaji Cama Place, New Delhi.
3. The Appellate Authority,
Director (Ad.III B),
Ministry of Finance,
D/o Revenue,
Central Board of Excise & Customs,
R. No. 806, Hudco Vishala Building,
Bhikaji Cama Place, New Delhi