Question: Refusal of a govt department in Seniority list of a cadre of its employees on the pretext that it does not publish a cadrewise seniority list?

[drkaushalkumar2007]

Sir,
Can a government department refuse to provide information pertaing to:-

1. Seniority list of a cadre of its employees on the pretext that it does not publish a cadrewise seniority list?

2. Can a Government department refuse to provide judgements of (SAT)State administrative tribunal (against which promotions had been given to several officers) and instead ask the litigant to obtain it from SAT which has since been dissolved in the state?
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[jps50]

Sponsorer

Welcome to this portal. Both the items cannot be denied. Pl file first appeal.

[DineshK]

In case of refusal, he has to provide the relevant clause of RTI Act.

So file your application and discuss the further action after they provide you the clause of the act.

[rajyadav017]

Sir,
Can a government department refuse to provide information pertaing to:-

1. Seniority list of a cadre of its employees on the pretext that it does not publish a cadrewise seniority list?

2. Can a Government department refuse to provide judgements of (SAT)State administrative tribunal (against which promotions had been given to several officers) and instead ask the litigant to obtain it from SAT which has since been dissolved in the state?
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1. Information held by in any form will be provided by the authority, if it is not prohibited by the Sec 8 of RTI act 2005.

2, file the application with PIO, Than to appallete authority, than to information commission. Be prepared to fight up to commission level, because the calause attitude of govt not to part with information is deep rooted from the era of Britishers rule.

[vnatarajan]

Your question on Cadre-wise Seniority List is somewhat generalised and hence it is difficult to answer.

Most Central Govt. Departments do have cadre-wise seniority lists- but again it is further subdivided stream-wise.

Say, seniority lists of scientific stream cadres may be different from engineering or administrative ones.

Again, it is the appropriate Cadre-Controlling authority whom you may have to question.

Say for Gr A - it may be the Administrative Ministry who will be the Cadre- Controlling authority. For Gr B, it could be the Head of the Organisation as a whole and whereas for Gr C and D, it could even be the Heads of the Regions who are Heads of the Depts with Cadre Controlling authority.

So you may have to be sure to ascertain all aspects as above while sending your questions.

In smaller Depts., it may vary- depending upon the Cadre controlling powers vested with the Head.

(I may be wrong- as I have based my observations as per my experience as the Head of the Dept. for a Region with Cadre Controlling authority for Gr C & D only- not for Gr B or A.
My administration was responsible for preparation/ updation/ circulation/ correction of the Gr C & D Seniority lists- stream-wise/ post-wise etc.
Certainly the Administration may not prepare/ maintain a simple comprehensive common Seniority List for all streams put together for the same level of post)

vnatarajan