Leniency for senior citizens in RTI procedural defects like invalid IPO; opportunity to rectify granted.

ORDER

1. The Appellant filed an RTI application dated 24.11.2022 seeking information on the following points:

 The persons holding the cadre of IAS/IPS/IFS (Forest) are governed by the Indian Administrative/Police Service (Cadre) Rules, 1954, and ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES, 1958, i.e., CRITERIA FOR EXTENSION/RE-EMPLOYMENT.

It is informed that Sri. V. Anil Kumar IAS SCS (1995), (Retd.) got the re- employment right from his superannuation. (Retired vide G.O. Rt. No. 2738, G.A.(SPL.A) Department, Dated: 12-12-2018). The Telangana state government have ordered reemployment of the tenure of Sri. V. Anil Kumar IAS (Retd.) as Secretary & Commissioner, Revenue (Endowments) Department i.e., the Cadre post vide G.O.Rt.No.3335, G.A. (SPL.A) Department, dt:18-12-2019 and further extended until further orders vide G.O. Rt. No. 2799 G.A. (SPL.A) Department, dt: 17-12- 2021.

Further Sri. V. Anil Kumar IAS SCS (1995), (Retd) is holding the additional charge (G.O. Rt. No. 1295 G.A. (SPL.A) Department, dt: 01-09-2020) to the posts of Secretary, Civil Supplies, Managing Director, Civil Supplies, Commissioner of Civil Supplies, and Controller of Legal Metrology, Telangana, Hyderabad. The above 7 posts are cadre posts and are under additional charge arrangements by Sri. V. Anil Kumar IAS SCS (1995), (Retd)for the past 3 years.

(i) The copy of letter addressed by the Government of Telangana to your Ministry seeking permission to fill up the retired All India Services officers to the posts which are declared as Cadre posts and the permission accorded by your Ministry for the years 2014 to 2022.

(ii) The copy of permission accorded to take up re-employment of personnel belonging to All India Services in the state of Telangana from the year 2014 to 2022.

(iii) Whether the orders passed by the Government of Telangana vide G.O.Rt.No.3335, G.A. (SPL.A) Department, dt: 18-12-2019 and further extended until further orders vide G.O. Rt. No. 2799 G.A. (SPL.A) Department, dt: 17-12- 2021 are in accordance with the Rules in force or not (Copy enclosed). Kindly supplement the copy of rule position.

(iv) Whether the retired person who discharges his duties are vested with the statutory powers or not. Kindly supplement the copy of rule position.

(v) Whether the orders passed in the capacity of post held by the Ex-Cadre personnel to the Cadre post are valid or not. Kindly supplement the rule position copy if any.

2. The CPIO replied vide letter dated 01.12.2022 that the IPO was not valid as per the RTI Rules. Aggrieved with the same, the Appellant filed a First Appeal on 03.01.2023. FAA’s order, if any, is not available on record.

3. Due to non-receipt of any order from the First Appellate Authority, the Appellant approached the Commission with the instant Second Appeal dated 18.04.2023.

4. The appellant attended the hearing through video conference and on behalf of the respondent Ms. Neha Upadhyay, Section Officer, attended the hearing in-person.

5. The appellant inter alia submitted that the respondent had not provided the requisite information, so far.

6. The respondent while defending their case inter alia submitted that the RTI application submitted by the appellant was not acceptable as the IPO enclosed along with the application was invalid.

7. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the IPO enclosed along with the RTI application submitted by the applicant was invalid. However, considering the applicant is a senior citizen, the Commission takes a lenient view and gives the appellant another opportunity to rectify and file valid IPO as per the provisions under the RTI Act as well as the RTI Rules within 15 days from the date of r