Posted On by &filed under Central Information Commission, Judgements.


Central Information Commission
Smt.Chitta Kumari vs Ut Of Andaman And Nicobar on 24 November, 2011
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796
                                                          Decision No. CIC/SG/A/2011/002292/15898
                                                                  Appeal No. CIC/SG/A/2011/002292
Relevant facts emerging from the Appeal:

Appellant                            :     Smt. Chitta Kumari
                                           C/o Milan General Store,
                                           Bird Line, Kalicut Post Office,
                                           Prathrapur Village,
                                           Port Blair,

Respondent                    (1)    :     PIO

Andaman & Nicobar Administration
O/o the Chief Secretary
Port Blair,
Andaman & Nicobar Island

(2) : Public Information Officer
Andaman & Nicobar Administration
Directorate of Tribal Welfare
Secretariat, Port Blair,
Andaman & Nicobar Island

(3) : Mr. Yogesh Pratap
Public Information Officer & ADM
Andaman & Nicobar Administration,
O/o The Dy. Commissioner,
South Andaman District,
Port Blair-744101.

                              (4)    :     Mr. Hussain Ali
                                           PIO & Assistant Director (Admin)
                                           Andaman & Nicobar Administration,
                                           Public Works Department
                                           South Andaman District,
                                           Port Blair-744101.

                              (5)    :     Mr. B. Krishnan
                                           Assistant Secretary (AR) & PIO
                                           Andaman & Nicobar Administration,
                                           Administrative Reforms Department
                                           South Andaman District,
                                           Port Blair-744101.

RTI application filed on             :     14/03/2011
PIO replied on                       :     11/04/2011
First Appeal filed on                :     25/04/2011
First Appellate Authority order of   :     06/05/2011
Second Appeal received on            :     26/07/2011
                                                                                       Page 1 of 4

The information sought: The date wise action taken by A&N Administration on my application date 1st
December, 2010 submitted before the Hon’ble it. Governor and the chief Secretary of A & N
Administration (Xerox copy enclosed for your ready reference).

1. Indicate the writing reason for not reverting to one Executive Engineer ( C )and three Assistant
Engineer ( C ) from the Executive Engineer (C) to Assistant Engineer ( C ) and from the Assistant
Engineer ( C ) to junior Engineer ( C ) respectively as they are not belongs to schedules tribes of A &
N Islands and their caste or tribes/ tribal Community is not specified in constitution ( A & N Islands )
Scheduled Tribes Order,1959 vide GSR No. 504 dt. 31.03.1959. Please refer my application referred
in above Sl No. 1.

2. Indicate the writing reason for not filling up the reserved posts of scheduled castes in promoti0on
from feeder cadre to promotion quota of various posts like, Group ‘D’ Group ‘C’ Group ‘B’ and
Group ‘A’ in the various deportment of A & N administration.

The PIO reply:

1. PIO, Assistant Commissioner was given reply to the Appellant as under:

1. The matter regarding employment for the post of Surveyor pertains to District Office, South
Andaman.

2. The matter regarding reversion of one Executive Engineer and three Assistant Engineers pertains to
APWD.

3. No Scheduled Caste has been declared in A & N Islands and hence Scheduled Caste reservation is
not followed in this UT.

2. PIO, Assistant Director was given reply to the Appellant as under:

Sl.                           Information/documents sought for                                     Reply
1. The date wise action taken by A&N Administration on my application date 1                 Not pertained to
     December, 2010 submitted                                                                this department

Before the Hon’ble Lt. Governor and the Chief Secretary of A&N Administration
(Xerox copy enclosed) for your ready reference.

2. 3. Indicate the writing reason for not reverting to one Executive Engineer ( C ) Queries do not
and three Assistant Engineer ( C ) from the Executive Engineer (C) to come under
Assistant Engineer ( C ) and from the Assistant Engineer ( C ) to junior section 2(f) of
Engineer ( C ) respectively as they are not belongs to schedules tribes of A & N the RTIAct.
Islands and their caste or tribes/ tribal Community is not specified in
constitution ( A & N Islands ) Scheduled Tribes Order,1959 vide GSR No. 504
dt. 31.03.1959. Please refer my application referred in above Sl No. 1.

3. Indicate the writing reason for not filling up the reserved posts of scheduled castes As stated in the
in promoti0on from feeder cadre to promotion quota of various posts like, Group point 2 above
‘D’ Group ‘C’ Group ‘B’ and Group ‘A’ in the various deportment of A & N
administration.

3. PIO, Assistant Director was given reply to the Appellant as under:

S.No.                  Information/documents sought for                                    Reply
1.     The date wise action taken by A&N Administration on my application         The information asked
       date 1 December, 2010 submitted                                            for does not pertain to
       Before the Hon'ble Lt. Governor and the Chief Secretary of A&N             the department.
       Administration (Xerox        copy enclosed) for your ready reference.
2.      4. Indicate the writing reason for not reverting to one Executive         The information asked
           Engineer ( C )and three Assistant Engineer ( C ) from the              for is pertains to
           Executive Engineer (C) to Assistant Engineer ( C ) and from the        APWD and not related
           Assistant Engineer ( C ) to junior Engineer ( C ) respectively as      to the Department.

they are not belongs to schedules tribes of A & N Islands and
Page 2 of 4
their caste or tribes/ tribal Community is not specified in
constitution ( A & N Islands ) Scheduled Tribes Order,1959 vide
GSR No. 504 dt. 31.03.1959. Please refer my application referred
in above Sl No. 1.

3. Indicate the writing reason for not filling up the reserved posts of No Government servant has
scheduled castes in promoti0on from feeder cadre to promotion quota been appointed in the
department under schedule
of various posts like, Group ‘D’ Group ‘C’ Group ‘B’ and Group ‘A’ caste quota. Hence question
in the various deportment of A & N administration. of promotion of schedule
caste dose not arise.

Grounds for the First Appeal:

The appellant was received an unsatisfactory reply from the PIO.

Order of the First Appellate Authority (FAA):

In order to dispose of the appeal, the records of the case like RTI application, reply furnished by the
P10/Assistant Secretary (AR), the appeal application of the appellant and the relevant portion of the RTI
Act have been gone through and it is observed that the information sought by the appellant in her
application dated 14.03.2011 is not held by the PIO/Assistant Secretary (AR) which is in fact scattered
with more than one other public authorities. Therefore the PIO/Assistant Secretary (AR) explained that he
had already transferred the RTI application dated 14.03.2011 to other public authorities concerned under
intimation to the appellant to her given address vide letter No. 3-38/201 0-AR(PF)/59 dated 01.04.2011.
He further mentioned that in response to Admn’s letter dated 01.04.2011, the other public authorities i.e.
the Assistant Commissioner, Tribal Welfare has furnished reply in respect of item 3 of annexure to RTI
application date 14.032011 to the appellant to her given address. Similarly the Assistant Director (Admn)
of APWD also furnished reply to item 2 annexure to RTI application dated 14.03 .201 to the appellant.
However the reply to item 1, shall be furnished by Deputy Commissioner, South Andaman.

In view of the above I am of the considered opinion the appeal is left now without any substance
and the same is therefore dismissed. However, if the appellant still feels aggrieved on any point ,she may
seek a personnel hearing from The undersigned.

Ground of the Second Appeal:

The applicant is not satisfied with the PIO reply and unsatisfactory order was passed by the First
Appellate Authority.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Smt. Chitta Kumari on video conference from NIC-Port Blair Studio;
Respondent : Mr. Yogesh Pratap, Public Information Officer & ADM; Mr. Hussain Ali, PIO & Assistant
Director (Admin); Mr. B. Krishnan, Assistant Secretary (AR) & PIO on video conference from NIC-Port
Blair Studio;

The information regarding query-1 has not been provided since the officials in the Administration
appears to be completely incompetent to understand where this information would be. The Commission
therefore directs the PIO of the Chief Secretary’s Office to provide the information on the Action on the
Appellant Complaint of 01/12/2010 in the following format:

Date on which Name and designation of Action taken Date on which forwarded to
Complaint received The officer receiving it. Next officer/office.

*there will be as many rows as the number of officers who handled the complaint.

Attested photocopies of all letters and notings will be provided.
Page 3 of 4

The PIO states that there is no reason on record for query-2.

As regards query-3 PIO/AC Directorate of Tribal Welfare is directed to provide the information after
obtaining it if necessary under Section 5(4) and provide it to the Appellant before 20 December 2011

Decision:

The Appeal is allowed.

The PIO office of the Chief Secretary is directed to provide the information on
query-1 as directed above to the Appellant before 20 December 2011.

The PIO of Directorate of Tribal Welfare Department is directed to provide the
information on query-3 to the Appellant before 20 December 2011.
This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
24 November 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)

Page 4 of 4


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