RTI appeals dismissed as responses provided; delays condoned; advisory for suo motu disclosure of service rules.

Headnote:Under S.6(1) RTI Act 2005, appellant sought detailed information on promotion rules, policies, note sheets, seniority lists, and vacancy details for Appraisers to Commissioners in Central Board of Excise and Customs, including specific comparisons between officers. CPIO provided partial responses citing public domain availability, disproportionate diversion, and delays due to oversight and workload; FAA orders not on record. Commission found responses appropriate, noted appellant's absence, upheld CPIO's clarification on non-regularization post-retirement, and directed email sharing of submissions. Issues framed around adequacy of RTI responses on service matters and delays; ratio that RTI replies align with Act provisions, inspection offered but unavailed, and core grievance of non-regularization stems from post-retirement regularization drive. Respondent's submissions on inadvertent delays condoned. Second appeals dismissed; advisory issued under S.25(5) for suo motu disclosure of recruitment rules, seniority lists, and promotion policies.

Table of Content
1. details of rti applications and responses (Para 1 , 2 , 3 , 4)
2. second rti details and cpio reply (Para 5 , 6 , 7 , 8 , 9)
3. hearing facts and respondent submissions (Para 10 , 11)
4. decision upholding responses and advisory (Para 12 , 13 , 14 , 15 , 16)

Information sought:

1. The Appellant filed an (offline) RTI application dated 22.08.2023 seeking the following information:

“I am writing to request information under the provisions of Section 6(1) Right to Information Act, 2005, on matters related to promotion and seniority in the Central Board of Excise and Customs. Kindly provide me with the following details and relevant copies:

1. Please provide a copy of all the relevant rules, regulations and notifications on promotion and seniority from the Appraiser to the Assistant Commissioner in the Central Board of Excise and Customs.

2. Please provide a copy of the policies laid down at different times regarding promotion and seniority from Appraiser to Assistant Commissioner in the Central Board of Excise and Customs.

3. Kindly provide a copy of the final policy adopted by the Central Board of Excise and Customs for the promotion of Commissioners from Promotee Assistant Commissioners and Direct recruit Assistant Commissioners.

4. Please provide a copy of the instructions taken on the Note Sheet of the Central Board of Excise and Customs regarding the impact of court cases on promotions of Commissioners from Promotee Assistant Commissioners and Direct recruit Commissioners, along with relevant guidelines.

5. I request copies of instructions taken on Note Sheet by the Department on the latest Supreme Court, High Court, and CAT cases that have influenced the policy of the Central Board of Excise and Customs concerning promotions of Commissioners from Promotee Assistant Commissioners and Direct recruit Commissioners. Please provide me also copies of relevant case laws

6 Kindly provide a copy Note Sheet on which the latest policy decision was taken by the Central Board of Excise and Customs about promotions of Commissioners from permanent Promotee Assistant Commissioners and Direct recruit Assistant Commissioners, precisely implemented in Office Order 98/2022 dated 31.08 2022 IF No A-32012/09/2022) for fixing their final seniority

7. Please provide a copy of Note Sheets on which the decision of the latest policy taken by the Board regarding seniority of the Central Board of Excise and Customs implemented concerning the approval of empanelment of Officers in level 14 of the pay matrix for the panel year 2023, from the date of assuming the charge of the poet and until further orders, for Commissioners from Permanent Promotee Assistant Commissioners and Direct recruit Assistant Commissioners.

8. Kindly provide me copies of documents showing the 100al number of permanent vacancies available on official records for the promotion of Commissioners in the years 2015, 2016, 2017, 2018, and 2019, along with copies of the relevant documents.

9. Please provide copies of the relevant documents/Note sheets indicating the number of vacancies for Commissioners to be considered in the promotion Zone from Additional Commissioners in the years 2015, 2016, 2017, 2018, and 2019 from Permanent Promotes Assistant Commissioners and Direct recruit Assistant Commissioners

10. Kindly provide copies of the rules, regulations, notifications, and policies regarding the promotion of Commissioners from Additional Commissioner in the Central Board of Excise and Customs during these periods.

11. If there were permanent vacancies in the years 2015, 2016, 2017, 2018, and 2019, please provide me with copies of note sheets on which the consideration zone of ADC was decided at these different times for the promotion of Commissioners (a copy of the decision). If a delay occurred in deciding the above consideration zone, provide me with a copy of the said decision also taken on the note sheet in the fie.

12. If there were permanent vacancies in the years 2015, 2016, 20

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2025 Supreme(Online)(CIC) 2649

CENTRAL INFORMATION COMMISSIONVinod Kumar Tiwari, Information CommissionerAjay Kumar – AppellantVersusPIO, Central Board of Excise and Customs – RespondentCIC/CCCDZ/A/2024/105661|CIC/CCCDZ/A/2024/105663

RTI appeals dismissed as responses provided; delays condoned; advisory for suo motu disclosure of service rules.

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, Information Commissioner
Ajay Kumar – Appellant
Versus
PIO, Central Board of Excise and Customs – Respondent
CIC/CCCDZ/A/2024/105661|CIC/CCCDZ/A/2024/105663