Need Help: in framing queries

[ambrish.p]

One of my friend works in X dept. (a central govt. dept.) and in his dept. officers are transferred to Y dept. ( another central govt. dept.) on the basis of willingness (submitted by the officer) & experience. Every officer is free to submit his willingness but transfer can be done only :

when any vigilance case/any inquiry/dept. inquiry is not pending against him as vigilance clearance is mandatory requirement

but in the last transfer list (issued in 2nd week of may) what I have seen that many officers were transferred in Y dept. (against them inquiry is pending /or any case is open against them without vigilance clearance).

In this list :
1. this mandatory guideline is totally overlooked &
2. they are transferred from sensitive to non-sensitive posts (after a fixed tenure) but the same was overlooked too.

How to frame queries in this regard so these both issues can be tackled & this corrupt practice can be unearthed.

Members are requested to guide further.

reagrds

[SomeGuy]

Originally Posted by ambrish.p

One of my friend works in X dept. (a central govt. dept.) and in his dept. officers are transferred to Y dept. ( another central govt. dept.) on the basis of willingness (submitted by the officer) & experience. Every officer is free to submit his willingness but transfer can be done only :

when any vigilance case/any inquiry/dept. inquiry is not pending against him as vigilance clearance is mandatory requirement

but in the last transfer list (issued in 2nd week of may) what I have seen that many officers were transferred in Y dept. (against them inquiry is pending /or any case is open against them without vigilance clearance).

In this list :
1. this mandatory guideline is totally overlooked &
2. they are transferred from sensitive to non-sensitive posts (after a fixed tenure) but the same was overlooked too.

How to frame queries in this regard so these both issues can be tackled & this corrupt practice can be unearthed.

Members are requested to guide further.

reagrds

Firstly unless you have them already, you need copies of the relevant rules/regulations/departmental guidelines regarding -
1. Whether Vigilance clearance is mandatory for postings on deputation or repatriation back to own department.
2. What the criteria for grant of such Vigilance clearance are. Specifically, under what conditions can clearance be obtained despite ongoing inquiry/investigation - whether departmental or Vigilance?
3. Whether such criteria are different for transfer to sensitive versus non-sensitive posts?
4. What are the relevant sections of laws/rules/regulations which provision for penalties against officials who violate these guidelines in assigning postings and with whom does the authority to take cognizance of and investigate such violations lie?

I would suggest an immediate RTI application asking for certified copies of sections of all laws, rules and regulations, as well as all departmental circulars, notifications, memos or any other relevant official documents specifying or codifying such guidelines. You might want to submit (essentially) the same application to both departments X and Y, the relevant ministries if considered separate PAs, as well as the relevant Vigilance unit/CVC.

If you believe any of the aforementioned guidelines are codified in rules and regulations, it might be worthwhile to look for them in a law book store or Govt. Press office or even old copies of gazette in departmental or other library, while these RTI applications are in play.

Simultaneously, you could ask for information on any ongoing Vigilance or departmental inquiries against persons posted on deputation. Ask for a list of names (and postings) of officers against whom inquiries are currently pending or have been concluded in the last N-years (you are probably a better judge of how many). Ask current status of investigations - under investigation/closed/chargesheeted and copies of complaints, as well as status or final reports on these investigations. They will likely use the exemption of section 8(1)(h) to deny these (at least for ongoing investigations), but should not be able to (perhaps after visits to AA and CIC) deny you the list of investigatees, or the final reports (or chargesheets, if any).

The second step would be to address particular postings, quoting contradictions between rules/regulations/guidelines and actions taken in individual cases. Ask who the officials responsible for quoted violations are, and what actions have been taken against them under laws/rules/regulations xyz (discovered from the earlier RTI applications).

Please mix and match (or trim) the suggested RTI queries based on your knowledge of which PIOs are likely to respond in a relatively straightforward manner versus which PIOs have a personal vested interest in denying information . Estimated number of trips to the CIC should also be a consideration.

regards,

[ambrish.p]

Please check the draft of the application & suggest changes. copy pasted below.

regards

1.Please provide me certified copies of any rules /regulations/ laws/ departmental circulars/ notifications/ departmental guidelines/ memos or any other relevant official document which states that Vigilance clearance is mandatory for postings on deputation or repatriation back to own department.

2.Please provide me certified copies of any rules /regulations/ laws/ notifications/ criterions, which are followed while granting vigilance clearance to any officer in the above-mentioned case/s.

3.Under which conditions vigilance clearance can be obtained/granted despite ongoing inquiry/investigation - whether departmental or Vigilance. Kindly provide me with the Certified copy/ies of the relevant rules /regulations/ laws/ departmental circulars/ notifications/ departmental guidelines/ memos or any other relevant official document applicable in this regard.

4.Kindly provide me with the Certified copy/ies of the relevant sections of laws/rules/regulations which has provision for penalties against officials who violate these guidelines (with ref. point no 1,2 & 3) in assigning postings.

5. Please provide me with a list of Officers, Designation, office Address and office Telephone numbers, who have violated the rules mentioned in item 4 above.

6. If any action has been taken against the officers for violating the rules or regulations as mentioned in item 5, please inform me the details of the action taken, if any inquiry held, outcome of the inquiry and the final action taken on the officer.

7. Kindly provide me with the Certified copy/ies of up-to date transfer policy and guidelines adopted by the public authority .

8. Kindly provide me with the Certified copy/ies of transfer orders made by the authority in last 05 years.

[SomeGuy]

Dear Shri Ambrish.p,

You may want to be more specific in mentioning names of departments (X, Y, etc. will suffice for this discussion) and class or group of officers in question.

1, 2, & 3 can be broadened to refer to "Vigilance or other required clearance" to account for the possibility that clearance from another source (ministry?) is also required in case of ongoing inquiry.

Add in 3: In the event that requirements for Vigilance clearance for postings in to or out of sensitive posts are different in any manner from those relating to non-sensitive posts, please provide certified copies of documents codifying these differences.

Queries 7. and 8. can be made more specific if desired (ignore if you have reasons to maintain current phrasing) by rephrasing as below:

7. Kindly provide me with Certified copies of relevant sections of all laws, rules and regulations, circulars, notifications, memos, opinions, orders, or other official document in which current policy and guidelines for transfer of [mention grade or group of officers] in to or out of [mention name of department, division or ministry - make query as broad or narrow as desired; mention other department also if desired] is described. In case this policy has changed during the last 5 years [mention dates if you want to be specific], kindly provide certified copies of all such documents applicable over this period, mentioning the period for which each set was applicable.

8. Kindly provide me with Certified copies of all transfer orders of [mention grade or group of officers] in to or out of [mention name of department, division or ministry - make query as broad or narrow as desired] during the last 5 years [mention dates if you want to be specific].




I would actually recommend making separate applications, preferably by separate applicants who live in Delhi:

A. RTI application asking for all rules/regs/guidelines regarding transfers.
B. RTI application asking for list of transfers and copies of transfer orders.
C. RTI application asking for rules/regs/guidelines specifying procedure and penalty for failure to follow guidelines obtained in A.
D1: Send a complaint to relevant department/ministry/Vigilance commission pointing out the discrepancies between replies from A, and B, and asking for action obtained from C.
D2. RTI application mentioning rules obtained from A above and signatories of transfer orders from B above, asking what inquiry/actions have been taken against them for these violations. Also ask what action has been taken on your complaints so far.

My presumptions is that as long as allegations against specific names are not in play, A and B should go relatively (compared to D2, that is :-) ) painlessly. They may not figure out precisely what you are after at this stage, making it harder for them to obfuscate. 'C' will likely raise some flags in the PIO 's mind and 'D2' will probably be like pulling your own teeth.

Of course, you're probably a more experienced campaigner than me - so please use your own judgement.

Good Luck and regards,

[ambrish.p]

Originally Posted by SomeGuy

Dear Shri Ambrish.p,


I would actually recommend making separate applications, preferably by separate applicants who live in Delhi:

A. RTI application asking for all rules/regs/guidelines regarding transfers.

Of course, you're probably a more experienced campaigner than me - so please use your own judgement.

Good Luck and regards,

Dear Member (SomeGuy)

Please check the draft of RTI Application (A) & suggest required modification/s. ll post draft of Application (B) (as suggested by u)very soon for suggestions.

Planning ( is it oK) to get it filed by the wife of the affected (so if may ask for reasons at later stage may not be denied) officer & same application with both PA s

I am a learner in this forum, who is trying to discover & learn new things each & everyday

regards

1.Please provide me certified copies of any rules /regulations/ laws/ departmental circulars/ notifications/ departmental guidelines/ memos or any other relevant official document which states that Vigilance clearance or other required clearance is mandatory for postings on deputation or repatriation back to own department.

2.Please provide me certified copies of any rules /regulations/ laws/ notifications/ criterions, which are followed while granting vigilance clearance or other required clearance to any officer in the above-mentioned case/s.

3.Under which conditions can vigilance clearance be obtained/granted despite ongoing inquiry/investigation - whether departmental or Vigilance. Kindly provide me with the Certified copy/ies of the relevant rules /regulations/ laws/ departmental circulars/ notifications/ departmental guidelines/ memos or any other relevant official document applicable in this regard. In the event that requirements for Vigilance clearance for postings in to or out of sensitive posts are different in any manner from those relating to non-sensitive posts, please provide certified copies of documents codifying these differences.

4. Kindly provide me with the Certified copy/ies of up-to date transfer policy and guidelines adopted by the public authority .

[SomeGuy]

Dear Shri ambrish.p,

Planning ( is it oK) to get it filed by the wife of the affected (so if may ask for reasons at later stage may not be denied) officer & same application with both PA s

I think it would be better for applications A and B to be made by people with no apparent links or interests in the department/PA; preferably people completely unknown to them. Quote section 6 (2) as a mantra if asked for a reason. If pressed, ask the PA/AA/IC to take on record that a reason was asked for and nevertheless not provided by the applicant. Besides, an interested person (or their relative) is more likely to be accused of 'misusing' RTI for private ends. Application D2 will probably be hard enough so that it won't make much difference even if an interested person is the applicant. However, it may draw retaliation from within the department.

I am a learner in this forum, who is trying to discover & learn new things each & everyday

In that case, it would be nice to have comments on both the strategy, as well as the drafting from some of the more experienced RTIers like shri Karira or Col N. R. Kurup. Because as I've mentioned elsewhere before, I am not very old in RTI applications. :-)

Gentlemen if you are following this, your comments would certainly be appreciated.

The draft seems fine to me, except that you should clarify whether you are asking for rules/regulations/guidelines related to all central govt. postings on deputation, or just related to department X (to or from any other dept/ministry) or even more specifically related to postings between departments X and Y. Are X and Y considered separate PAs, or would all departments in the same ministry together count as a single PA?

You should add:

Period to which this application relates: 1st Jan, 2004 to date of reply to this application.

...

5. In case any of the laws, rules, regulations, departmental circulars, notifications, memos, guidelines, or other official documents requested in items 1 to 4 above have been modified over the course of the period to which this application relates, please provide certified copies of each applicable version, indicating the sub-period to which it applies.

regards,

[diler]

thnx for the suggestions.kindly post some more related to the topic.and kindly send me the name of CPIO /baroda house Northern railway,headquarters,new delhi whom to address the questions relaqted tovigilance /headquarters nrly.

[ambrish.p]

Dear Diler

Please see: RTI Act, 2005

regards