Can the CAG recover salary from state government officials wrongly promoted?
The appellant filed an application under the Right to Information (RTI) Act with the Comptroller & Auditor General (CAG) of India raising some issues relating to alleged wrong promotion of officials under the State Government of Madhya Pradesh. He wanted the CAG to take action for recovery of salary and other dues paid to wrongly promoted officials. The Public Information Officer (PIO) observed that the subject matter of the RTI application was not within the purview of the CAG.
View of CIC
The Central Information Commission (CIC) noted that the State Government had conducted a DPC to promote Superintendents of Land Records and Tahasildars to the post of Deputy Collector. The CIC referred to the allegation made by the appellant that in the promotion process some undeserving officers were promoted in spite of adverse reports about their integrity. The appellant had desired the CAG to intervene in the matter and take appropriate steps which is beyond the remit of the CAG. The CIC held that the PIO was not wrong in stating that the entire subject matter concerned the State Government. The Commission rejected the appeal stating that there is no information with the CAG on this subject and that the RTI application cannot also be used for redressing such grievances. If the appellant thinks that the State Government had promoted undeserving officers, the right place to agitate this matter is a court of law.
Citation: Mr. Vishwamitar Srivastava v. the Comptroller & Auditor General of India in File No. CIC/SM/A/2012/000760
RTI Citation : RTIFI/2013/CIC/1037
Click here to view original RTI order of Court / Information Commission