हिंदी
Advocate had filed RTI citing DANICS Rules, 2003 which don’t include UT Chandigarh therein
(N.B.- COPT OF MHA RTI REPLY DATED 24 MARCH 2022 ATTACHED )
CHANDIGARH – On April 1, 2022 the Punjab Legislative Assembly passed a resolution wherein it reiterated State’s claim and right over Chandigarh as its capital and sought its immediate transfer to Punjab.
Meanwhile, a serious concern has also been expressed therein over imposition of Central Civil Service Rules over employees of Chandigarh Administration in lieu of hitherto prevailing Punjab Civil Service Rules as well as over posting of outside officers in the UT Chandigarh in recent time.
Meanwhile, close on the heels, the Union Ministry of Home Affairs (MHA ) has declined to provide information in response to a RTI application which was preferred by an Advocate at Punjab and Haryana High Court, Hemant Kumar, on Feb 18, 2022 wherein he sought information regarding the posting of 3 number of DANICS (Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services ) Cadre officers in UT Chandigarh viz. D. Karthikeyan (2009 Batch of DANICS), Akhil Kumar and Amit Kumar (both of 2010 DANICS batch) pursuant to an order issued by MHA on 17 Feb 2022.
The Advocate contended in his RTI plea the fact that in existing Section 2(o) and Section 3 of DANICS Rules, 2003, as amended till date, there is no mention of the word Union Territory (UT) of Chandigarh, hence DANICS officers cannot be posted in UT Chandigarh until and unless the ibid 2003 Service Rules are appropriately amended or issued and notified afresh by including UT Chandigarh. Further, the Advocate also sought a copy of the aforesaid amendment in 2003 Service Rules or freshly issued Service Rules, if amended & notified, if any, till date.
The Central Public Information Officer (CPIO) in MHA, BG Krishnan, who is posted as Director(Services) in his reply dated 24th March 2022 informed the RTI applicant that the information as sought is not readily available/maintained in a consolidated form and its compilation will disproportionately divert the limited resources, as prescribed under Section 7(9) of the RTI Act, 2005.
Further, a DoPT’s (Department of Personnel and Training, Government of India) Office Memorandum dated 10 July 2008 has also been quoted therein in which it is mentioned that the RTI Act presupposes the existence of information. The PIO is required to supply the information in the form as held by the public authority and is not required to do research or reshape the information for supplying it to the applicant. It has been finally asserted that contents of the RTI application remain outside the mandate and scope of RTI Act.
However, it has been mentioned that Ashutosh Agnihotri, IAS , Joint Secretary (UT) in MHA is the First Appellate Authority in this matter and the appeal against the above referred reply of CPIO can be made within 30 days.
Meanwhile, Hemant asserts that although since the past few years officers from DANIPS ((Delhi, Andaman & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Police) Services ) Cadre are too being posted in UT Chandigarh
in the rank of Deputy Superintendent of Police (DSP) in Chandigarh Police but here it is noteworthy to mention that in September, 2018, the MHA replaced/substituted the then existing DANIPS Rules, 2003 with newly framed DANIPS Rules, 2018 which include the term UT Chandigarh. On the same lines, if DANICS cadre officers are to be posted in UT Chandigarh, then either the existing DANICS Rules, 2003 should be amended by including Chandigarh therein or else new DANICS Rules should be framed and notified by including UT Chandigarh therin as has been done in case of DANIPS in September, 2018.
