Haryana

DoPT DECLINES INFORMATION ON SELECTION PROCESS OF FOUR NON-HCS OFFICERS TO IAS

March 02, 2023 10:51 AM

CITING GROUND OF MATTER PENDING IN HIGH COURT,  SAYS ADVOCATE HEMANT KUMAR 

Face2News/Chandigarh

 Within a period of three months, the Department of Personnel & Training (DoPT), Government of India, which is the appointment as well as Cadre Controlling Authority of IAS in the country, has twice declined to provide certified photo-copies of entire official record as available with it regarding decision making process including file-notings, correspondence with Haryana Government, UPSC etc. pertaining to appointment of four Non-SCS (State Civil Service) officers from State of Haryana to IAS for the Select List 2019 under IAS (Appointment by Selection) Regulations, 1997. 

The Order/Notification on appointment of four Non-HCS (Haryana Civil Service) officers viz. Dr. Vivek Bharti, Dr. Harish Kumar Vashisht, Dr. Jainder Singh Chillar and Dr. Brahmjeet Singh Rangi to IAS was issued by the DoPT on 25 Oct 2022. 

An Advocate at Punjab and Haryana High Court, Hemant Kumar, sought the above information firstly by filing a RTI application on 26 Oct 2022. A month later, on 24 Nov 2022, Pankaj Gangwar, Under Secretary and Central Public Information Officer (CPIO) in DoPT responded that the concerned file ws then under submission with respect to a Writ Petition No. 25371/2022 filed by one Ashwani Kumar Gupta Vs Union of India and others before the Punjab & Haryana High Court. It was mentioned that necessary communication will be shared immediately upon receipt of the said file by the CPIO. 

In Dec, 2022, a Single Bench of HC disposed of the above Writ Petition and transferred the matter to Central Administrative Tribunal (CAT), Chandigarh for adjudication. But since the CPIO in DoPT didn't share the requisite information as sought under RTI as mentioned hereinbefore, hence Hemant filed a fresh RTI on 23 Jan 2023 seeking the similar information.

An Advocate at Punjab and Haryana High Court, Hemant Kumar, sought the above information firstly by filing a RTI application on 26 Oct 2022. A month later, on 24 Nov 2022, Pankaj Gangwar, Under Secretary and Central Public Information Officer (CPIO) in DoPT responded that the concerned file ws then under submission with respect to a Writ Petition No. 25371/2022 filed by one Ashwani Kumar Gupta Vs Union of India and others before the Punjab & Haryana High Court. It was mentioned that necessary communication will be shared immediately upon receipt of the said file by the CPIO. 

However this time, the same CPIO in DoPT on 23 Feb 2023 responded that the desired information available with it and pertaining to the appointment of 4 Non-SCS officers from the State of Haryana to IAS from the Select List of 2019 issued vide Order dated 25 Oct 2022 cannot be shared at this time as the orders were made subject to the final outcome of CWP No 12025/2020 filed by one Surinder Singh Dahiya which is still pending before the Punjab & Haryana High Court. The information would be shared as soon as the above CWP is finally disposed of. 

Be that as it may, Hemant has today 28 Feb 2023 filed a First Appeal under Section 19(1) of RTI Act, 2005 before Nila Mohanan, Director (AIS), DoPT contending that there is no provision in the RTI Act which stipulates that pending of a matter in any Court of law would be an embargo or impediment for denial or delay of the information on that matter. Moreover, in the instant case, the High Court has not issued any Order or Direction regarding non-disclosure of the information till the matter is finally decided.'

Hemant has further contended in his first appeal that the above ground taken by the CPIO is totally untenable and goes against the letter and spirit of the RTI Act. .

Hemant also said that amongst the 4 IAS appointed from Non-HCS quota, the two viz. Dr. Vivek Bharti and Dr. Jainder Singh Chhilar were actually Group B Officers ( i.e. not Group A Officers) of Haryana Government belonging to Senior Assistant Professor Cadre in Government Colleges under Higher Education Department o and as such were not even eligible from the very beginning i.e. in the year 2020 for participation in the Selection Process for IAS from non-SCS category as per provisions of IAS (Appointment by Selection) Regulations, 1997 ( as amended till date).

The above two non-SCS Officers were made Group A Officers of Haryana Government vide an Executive Notification dated 2 Sep 2022 although with retrospective effect from 7 Oct 2010 which is bad in law.

 
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