CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2009/000492
Appellant : Shri Sukumar Mondal
Public Authority : Income Tax Department, Chennai
(through Shri A.V. Thite, ACIT)
Date of Hearing : 23.7.2009
Date of Decision : 23.7.2009
Facts
By his letter of 5.12.2008, the appellant had requested the information on the
following points :-
“Copy of the minutes of the Placement Committee Meeting recommending
transfer/posting/placement of ACs/DCsIT for the last two AGT 2007 and
2008 with the following information :-
(a) Relevant specific rule of the All India Tranfer Policy applied;
(b) Panels of the officer considered in AGT for
transfer/posting/placement;
(c) History of posting of the officers considered, for last 5 yeas prior to
AGT;
(d) Names and designation of the Hon’ble members of placement
Committee; &
(e) Criteria if nay, considered for posting of any ACs/DCsIT in any
charge/post/office. Viz.
(i) Seniority;
(ii) ACR Rating;
(iii) Remarkable/outstanding work done in the past;
(iv) Assessment/Non-assessment, Sensitive/Non sensitive posting in
previous tenure; &
(v) Tenure in the earlier post/charge etc.”
2. Vide his letter dated 9.1.2009, the CPIO had refused to disclose this
information on the following ground:-
“Details as above could not be furnished by the undersigned by the same are
not on record.”
3. The Appellate Authority had disposed of the matter vide order dated
11.2.2009 wherein he ordered disclosure of information in respect of item No. (d)
and had upheld the order of CPIO in other respects.
4. Hence, the present appeal.
5. Heard on 21.7.2009. The appellant is not present. The public authority is
represented by the officer named above. He defends the orders of the CPIO and the
Appellate Authority.
6. I have carefully gone through the orders of the CPIO and the Appellate
Authority. It surprising that the CPIO has rejected the RTI request on the ground
that the requisite information is not available on record. This simply can not be true.
It is unthinkable that the copy of the meeting of the Placement Committee relating to
the transfers of ACs/DCITs is not available on record. It is also equally un-
believable that the Rules of All India Transfer Policy are not available on record.
The same would hold good for many other items of the RTI application. It is, thus,
apparent that the CPIO has passed the order without proper application of mind. The
Appellate Authority has ordered disclosure of information in regard to item No. (d)
only. This, however, falls short of the mandate of law. We are of the view that the
entire information sought by the appellant is in public domain and, therefore,
disclosable.
DECISION
7. In view of the above, the CPIO is hereby directed to allow inspection of the
relevant records by the appellant at a mutually convenient date and to provide him
copies of the documents, as requested, free of cost.
8. The order of the Commission may be complied with in 06 weeks time.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO of this
Commission.
(K.L. Das)
Assistant Registrar
Address of Parties :-
1. Shri A.V. Thite 2. Shri Sukumar Mondal
ACIT, ITO, C/o T.K. Maji,
O/o Chief Commissioner of Vill. PO: Durgachak,
Income Tax-I, Dist. Midnapore (East),
# 121, Mahatma Gandhi Road, West Bengal-721602
Nungambakkam, Chennai-34