Information regarding Disciplinary Authority under provisions of the Rule 7 of the AIS (D&A) Rules was sought - PIO furnished the copy of Circular - Appellant: Circulars do not relate to the query - CIC remanded the matter to FAA to pass a speaking order
1. The Appellant through an RTI application dated 30.10.2012 sought following information:
“Who is the Disciplinary Authority under provisions of the Rule 7 of the AIS (D&A) Rules 1969 which is competent to institute disciplinary proceedings and to impose penalty against such an IAS Officer performing the duty as Election Observers for his/her acts of commission and/or omission which render him/her liable to any penalty specified in Rule 6 of the AIS (D&A) Rules, 1969, during such period of his/her appointment as Election Observer while he/she is deemed to be servicing in connection with affairs of the Union?”
2. The CPIO vide his letter dated 16.11.2012 furnished the copy of Circular dated 28.07.2008 and 20.03.2008 to the Appellant which, according to him, were self explanatory.
3. The Appellant thereafter filed an appeal dated 25.12.2012 before the Appellate Authority expressing his reservation against the information supplied by the CPIO.
4. The Appellate Authority disposed of this appeal vide order dated 01.02.2013 holding that the information furnished by the CPIO is factual and based on records.
5. The Appellant thereafter filed the instant appeal before the Commission inter alia stating that while he had sought the information regarding Disciplinary Authority under provisions of the Rule 7 of the AIS (D&A) Rules, the CPIO had only provided to him the Circulars explaining the Disciplinary Jurisdiction of Election Commission of India over Government servants deputed on election duties.
6. Having heard the submissions and perused the records, the Commission hereby remands this matter back to the Appellate Authority with a direction that he shall examine the Appellant’s submission made in his present appeal (para 6) and pass a speaking order with regard to the same. Time – 3 weeks from the date of receipt of this order.
Chief Information Commissioner
Citation: Shri Desh Deepak Trehan v. Department of Personnel & Training (DoPT) in Case No. CIC/SM/A/2013/000857SS