RTI::Second Appeal – Rotation of officials working in sensitive posts

———- Forwarded message ———-
From: rajesh darak <darak786@gmail.com>
Date: Oct 4, 2006 10:13 AM
Subject: Second Appeal – Rotation of officials working in sensitive posts
To: CG_CIC_Wajahat_Habibullah <whabibullah@nic.in>
Cc: CG_CIC_Jt_Secy_P_K_Gera < pkgera@nic.in>, nisha.singh@nic.in, lcsinghi@nic.in

Second Appeal under section 19 (3) of the Right to Information Act, 2005.


To        :  The Central Information Commission,

               Block No 4, 5th Floor, Old JNU Campus,

               New Delhi – 110 067.                     


(1)        Full name of the Appellant :

Mr. Rajesh Vishnudas Darak


(2)        Address :         

C/o. Whistleblowers India, 8, Varsha, North South Road No.5, Vile Parle (W), Mumbai – 400 056.    


(3)        Particulars of Central Public Information Officer (CPIO) :

Shri C. S. Prasad, Addl. Director General,

Directorate General of Vigilance, Customs & Central Excise,

1st Floor, Samrat Hotel, Kautilya Marg, Chanakyapuri,

New Delhi – 110 021.  Phone: 011-2611 5725


(4)        Particulars of the First Appellate Authority (AA) :

Shri Jogendra Singh, Director General,

Directorate General of Vigilance, Customs & Central Excise, Headquarters Office,

1st Floor, Samrat Hotel, Kautilya Marg, Chanakyapuri,

New Delhi – 110 021.   Phone: 011-2611 5722


(5)        Date of receipt of the order appealed against      : 10th July, 2006

                        (If order passed)


(6)        Last date for filing the appeal     : 7th October, 2006      


(7)        The grounds for appeal :


The subject matter of information is, ‘Relating to violation of Central Vigilance Commission (CVC) Circular No. 98/VGL/60 dated 15 th April, 1999 on the subject, “Rotation of officials working in sensitive posts”; attention to which was again invited by the CVC vide its communication dated 2nd November, 2001 to all the Chief Vigilance Officers. A copy of this is available on the website of CVC and the link is http://cvc.nic.in/vscvc/instn1.pdf  .


The CPIO has not answered the following two questions :


c)      Has there been a violation of the circular stated in 3 (i) above in case of such officers?


d)      In case there has been a violation of the said circular, the names and designations of the persons responsible and punishable for the same.



It is important to know whether there has been a violation of the said CVC circular or not. Although, the violation is obvious & evident from the answers to a) & b); the CPIO has only attempted to justify the violation, in his reply to c) & d). The CPIO has also not disclosed, the name & designation of the competent authority, which is responsible for monitoring the postings with respect to the said CVC circular. Also, if there has been a violation, whether the person responsible is punishable or not is another question which the CPIO is evading. The AA is also not willing to disclose answers to these vital questions.


Even, the justification is not proper and convincing. The CPIO has stated, ‘The competent authority’s decision to relieve the officers who have completed more than 3 years in the West Zone Unit of this Directorate has already been communicated'; but, he has not stated the frequency & dates of this communication. The CPIO has stated, ‘Consequently, circular has been issued by the Directorate General inviting applications from suitable candidates for appointment in the Directorate on deputation basis'; but, he has not stated in detail as to when, how & how frequently this was done and what was the outcome. The CPIO has stated, ‘However, it is mentioned that being sensitive organization, applicants’ integrity, reputation and professional records are strictly evaluated before they are appointed'; but no details about the process of evaluation has been furnished. The CPIO has stated, ‘In the process and also in the interest of smooth functioning of Vigilance machinery, some officers happen to overstay under compulsion’, but fails to justify the violation of the said CVC circular.


Please note that the violation of the said CVC circular is a matter of fact; therefore, there is no subjectivity involved in this conclusion and so the question of being judgemental as stated by the AA does not arise. Having understood that there is a violation, it is extremely important to know who is responsible for the same and also whether the person is punishable or not. If responsibility & culpability is not fixed in public administration and particular persons are not held accountable for their acts of commissions or omissions, it will only encourage more such violations.


Hence, you are requested to direct the AA / CPIO to forthwith furnish the requisite information.


The above statements made by me are true and correct to the best of my knowledge and belief.  The enclosures attached to this Appeal petition are true copies of the original.



Place    : Mumbai


Date     : 4th October, 2006                                                                   Signature of Appellant.



Enclosures :


1)       Copy of my RTI Application dated 23rd March, 2006

2)       Copy of Receipt dated 5th April, 2006

3)       Copy of CPIO’s Reply dated 4th May, 2006

4)       Copy of my Appeal dated 30th May, 2006

5)       Copy of Receipt dated 7th June, 2006

6)       Copy of AA’s Order dated 4th July, 2006.

P.S. Enclosures 2) & 5) are not attached herewith, since these are only receipts. Hardcopies of appeal & all the enclosures are being separately sent today by Speed Post.

Rajesh Darak

Mera Bharat Mahaan…Nahi Hai,
Per Yeh Dosh Mera Hai.

Rajesh Darak

Mera Bharat Mahaan…Nahi Hai,
Per Yeh Dosh Mera Hai.

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