RTI Act does not require PIOs to create, interpret, or collate information; responses via public domain links suffice.

ORDER

1. The Appellant filed an RTI application dated 11.05.2023 seeking information on the following points:

 I am writing to request information regarding the policy of promotion for government employees who have been penalized in India. I understand that the Ministry of Home Affairs (MHA) issued an Office Memorandum (OM) on 28th October, 1969, which includes a provision that an employee who has been penalized shall not be considered for promotion for a period of three years after the currency of the penalty is over.

(i) Does the DOPT have any provision or policy in place that prevents an employee who has been penalized from being considered for promotion for a certain period of time? If yes, please provide a copy of the relevant provision/policy

(ii) Does the DOPT recognize and enforce the provision mentioned in the MHA's Office Memorandum dated 28th October 1969 that an employee who has been penalized shall not be considered for promotion for a period of three years after the currency of the penalty is over?

(iii) Please provide details of any instances where an employee who has been penalized has been considered for promotion by the DOPT within three years of the penalty.

(iv) Please provide any other relevant information or policies related to the promotion of government employees who have been penalized.

(v) Please provide copies of any rules, provisions, policies or guidelines issued by DOPT that specifically mention that an employee who has been penalized shall not be considered for promotion for a period of three years after the currency of the penalty is over.

…, etc./ other related information

2. The CPIO replied vide letter dated 17.05.2023 & 28.05.2023 and the same is reproduced as under :-

Reply Dated 17.05.2023

“As per the Right to Information Act, 2005, only such information can be supplied which already exists and is held by the public authority or held under the control of the public authority in the form of O.M., Notifications, rules, regulations, orders, letters and circulars etc. Moreover, creation of information, drawing of inference, making of assumptions, interpreting the information, solving the problems raised by the applicants, furnishing replies to hypothetical questions and deducing some conclusion from the material are outside the purview of the Right to Information Act, 2005. Collection and Collation of information are also outside the purview of RTI Act.

This CPIO is concerned with CCS (Conduct) Rules, 1964 and CCS (CCA) Rules 1965, which are available in public domain at https://dopt.gov.in/download/acts. These Rules are self-explanatory. The amendments in these rules are available in public domain at https://dopt.gov.in/notifications/gazette-notifications. Applicability of these rules are available in Rule 1 of the CCS (Conduct) Rules, 1964 and Rule 3 of the CCS (CCA) Rules, 1965, which are available in public domain at https://dopt.gov.in/sites/default/files/CCS_Conduct_Rules_1964_Updated_27Feb1 5_0.pdf and https://dopt.gov.in/sites/default/files/CCS-CCA-Rules-FINAL.pdf respectively. Violation of any of the provisions of CCS (Conduct) Rules, 1964 and other guidelines may attract disciplinary action under Rule 14 or 16 of CCS (CCA) Rules, 1965 and penalties mentioned under Rule 11 of CCS (CCA) Rules may be imposed.

As regards your query, there is no specific material information available under the jurisdiction of this CPIO. However, you may refer to O.M. No. 11012/11/2007- Estt.A dated 14.12.2007, which are available in public domain at http://documents.doptcirculars.nic.in/D2/D02est/11012_11_2007_Estt-A- 14122007.pdf. It is also informed that your application has also been marked to other concerned CPIO of this Department, as well, for providing information,