Harshad K. Makwana vs Department Of Expenditure on 2 December, 2019

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Central Information Commission

Harshad K. Makwana vs Department Of Expenditure on 2 December, 2019

1. The issues under consideration arising out of the second appeal dated 05.02.2018 include non-receipt of the following information raised by the appellant through his RTI application dated 26.11.2017 and first appeal dated 28.12.2017:

(i) Certified copy of confirmation letter issued to Department of Space to withdraw granted up gradation from GP‐4200 to GP‐4600 w.e.f‐01/01/2006 to Technician‐G in PR‐5500‐9000 of ISRO under Department of Space for which the Department of Expenditure has directed Department of Space in terms of DoE OM No.50(2)/E.III(B)/2011 dated 05.06.2017 as confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 Page 1 of 6 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

(ii) Certified copy of confirmation letter issued to Department of Space to withdraw granted up gradation from GP‐4600 to GP‐4800 w.e.f‐01/01/2006 to Sr. Technician‐A in PR‐6500‐10500 of ISRO under Department of Space for which the Department of Expenditure has directed Department of Space to take corrective action vide OM No.50(2)/E.III(B)/2011 dated 05.06.2017 as confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

(iii) Certified copy of confirmation letter issued to Department of Space to withdraw granted up gradation from GP‐4200 to GP‐4600 w.e.f‐01/04/2006 to Technical/Scientific/Library Assistant in PR‐5000‐8000 of ISRO under Department of Space for which the Department of Expenditure has directed Department of Space to take corrective action vide OM No.50(2)/E.III (B)/2011 dated 05.06. as confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

(iv) Certified copy of confirmation letter issued to Department of Space to withdraw granted up gradation from GP‐4200 to GP‐4800 w.e.f‐01/04/2006 to Sr. Technical/Scientific/ Library Assistant in PR‐5500‐9000 of ISRO under Department of Space for which the Department of Expenditure has directed Department of Space to take corrective action vide OM No.50(2)/E.III(B)/ 2011 Page 2 of 6 dated 05.06.2017 as confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

(v) Certified copy of confirmation letter issued to Department of Space to withdraw granted up gradation from GP‐4200 to GP‐4600 w.e.f‐01/01/2006 to Lab. Technician‐D/ Radiographer‐C/Pharmacist‐C in PR‐5500‐9000 of ISRO under Department of Space for which the Department of Expenditure has directed Department of Space to take corrective action vide OM No.50(2)/ E.III(B)/2011 dated 05.06.2017 as confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

(vi) Certified copy of confirmation letter issued to Department of Space to withdraw granted up gradation from GP‐4600 to GP‐4800 w.e.f‐01/01/2006 to Lab. Technician‐D/ Radiographer‐ D/Pharmacist‐D in PR‐6500‐10500 of ISRO under Department of Space for which the Department of Expenditure has directed Department of Space to take corrective action vide OM No.50(2)/ E.III(B)/2011 dated 05.06.2017 as confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

(vii) Certified copy of confirmation letter issued to Department of Space to withdraw created a post of Assistant Engineer in GP‐7600 w.e.f‐27/07/2010 in ISRO under Department of Space for which the Department of Expenditure has directed Department of Space to take corrective action vide OM No.50(2)/E.III(B)/2011 Page 3 of 6 dated 05.06.2017 as confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

(viii) Certified copy of confirmation letter issued to Department of Space to withdraw granted up gradation of Induction Post from Technician‐A in GP‐1900 to Technician‐B in GP‐2000 w.e.f‐ 24/03/2010 in ISRO under Department of Space for which the Department of Expenditure has directed Department of Space to take corrective action vide OM No.50(2)/E.III(B)/2011 dated 05.06.2017 as confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

(ix) Certified copy of confirmation letter issued to Department of Space to withdraw or restore abolished the post of Technician‐E in GP‐2800 w.e.f‐17/05/2012 in ISRO under Department of Space as Applicants Annexed vide Annexure‐34 of Para‐8(F) of their representation dated 27/05/2016 in terms of order dated 06.05.2016 of Hon'ble Tribunal, Ahmedabad Bench in OA No.208 of 2012 as confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

(x) Certified copy of confirmation letter issued to Department of Space to withdraw created a post in GP‐5400,6600 in ISRO under Department of Space for which the Department of Expenditure has directed Department of Space to submit file with full justification vide letter No.192853/E.C.I/2014 dated 14.10.2014 as Page 4 of 6 confirmation letter provided under RTI to Shri Sandeep Kumar to withdraw higher grade pay of Rs.4800 granted Technical Officer‐A (TO‐A) of PCDA(R&D), DRDO, MoD vide UO No.61(196)/E.III.B/2011 dated 26.04.2012 without receipt of any reply from Department of Defence(R&D).

2. Succinctly facts of the case are that the appellant filed an application dated 26.11.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Department of Expenditure, E.III, North Block, New Delhi, seeking aforesaid information. The CPIO replied vide letter dated 21.12.2017. Dissatisfied with this, the appellant filed first appeal dated 28.12.2017. The First Appellate Authority disposed the appeal vide order dated 25.01.2018. Aggrieved by this, the appellant has filed a second appeal dated 05.02.2018 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 05.02.2018 inter alia on the grounds that no satisfactory response/communication was received from the CPIO. The appellant requested the Commission to direct the CPIO to provide the information free of cost immediately under the RTI Act and recommend disciplinary action against the CPIO.

4. The CPIO vide letter dated 21.12.2017 informed the appellant that apart from the Department of Expenditure's OM no. 50 (2)/E.III (B)/2011 dated 05.06.2017, no further letter had been issued by their department to the Department of Space. The First Appellate Authority vide letter dated 25.01.2018 upheld the decision of CPIO.

5. The appellant remained absent and on behalf of respondent, Shri AK Nandy, Under Secretary (E-III-B) & CPIO and Shri Amrendra Kumar, Section Officer (E-III-B), Department of Expenditure attended the hearing in person. 5.1 The respondent while endorsing the reply dt 21.12.2017 submitted before the Commission that no such confirmation letter, as claimed by the appellant, had been issued by the Department of Expenditure to withdraw up-gradation of pay scales granted by Department of Space for different posts of ISRO. He further submitted that as no letter had been issued, the respondent were not in custody of the same as the same did not exist. Page 5 of 6

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, feels that the public authority is under no obligation to create information. The respondent have very categorically communicated in their correspondence that no such letter, as claimed by the appellant, had ever been issued by the Department of Expenditure. The appellant has not filed any written objection nor has he attended the hearing in spite of notice given to him. Hence, the averments made by the respondent are taken on record. There appears to be no public interest in further prolonging the matter. Accordingly, the appeal is dismissed.

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा Information Commissioner(सूसूचनाआयु ) दनांक/ Date: 27.11.2019 Authenticated true copy (अिभ मािणतस यािपत ित) (R. Sitarama Murthy) (आर. सीताराम मू त ) Deputy Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. DEPARTMENT OF EXPENDITURE E.III (B), SECTION, NORTH BLOCK, NEW DELHI - 110 001 HARSHAD K. MAKWANA THE F.A.A., DEPARTMENT OF EXPENDITURE, E.III (B), SECTION, NORTH BLOCK, NEW DELHI - 110 001 Page 6 of 6

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