Central Information Commission
Mrlalit Mohan Kandpal vs Ministry Of Defence on 27 May, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus,New Delhi110067
Tel: +911126106140/26179548
File No.
CIC/CC/A/2014/000665/SD
Date of Decision: 27/05/2016
Relevant facts emerging from the Appeal:
Appellant : Lalit Mohan Kandpal
CQA (I), Rajpur
Dehradun - 248008
Respondent : Director & CPIO
DGQA/PI Cell
Room No. 139, G Block
Nirman Bhawan
DHQ PO New Delhi - 110011
RTI application : Nil & 21/12/2013
filed on
PIO replied on : 17/12/2013 &24/01/2014
First appeal filed : 12/02/2014
on
First Appellate : 01/04/2014
Authority order
Second Appeal dated : 09/09/2014
Information Commissioner : Shri Divya Prakash Sinha
Information sought:
Appellant in his RTI dt. Nil has asked the following information from SQAE (A) Delhi Cantt: 1 Does Swami hand book and swami FRSR books bought in SQAE (A) Delhi Cantt. and who is authorised to buy these books, librarian or some other authorised by board?
2 For how many years these above books were bought in SQAE(A) Raipur Dehradun?
3 How much amount had been spent by SQAE(A) Raipur Dehradun on purchase till date?
4 How many officers who were transferred to SQAE Raipur Dehradun have been paid interim period HRA? Give details. 5 On the basis of reference in Swamy FR SR Part V HRA & CCA, how many officers and staffs were benefitted? 6 Under which rule HRA amount Rs. 6864, through cheque no.825284 dt. 16/04/2013 vide bill no. CG0102 was passed?
1Not being satisfied by the above CPIO, on the point no.4 and 6, he further asked the same questions from CPIO DGQA/PI cell, New Delhi.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present: Appellant: Present on phone.
Respondent: Virendra Singh, APIO, CQA(I), Raipur, Dehradun and Chandra Shekhar, CPIO DGQA HQ, New Delhi present in person.
Appellant mentioned that in the JCM - 4th Level meeting of 26.8.2013, it was stated from the Govt. side that Swamy's Hand Book on Govt Rules and Orders be recognised by Govt.
Departments. He also submitted that he had requested Rule position on grant of HRA of Rs.6864 vide CQA(I) Bill no.CGO/02 dated 6.4.13. Appellant wanted a copy of the Rules governing HRA and details of employees who have furnished the undertaking stipulated in the Rules.
CPIO submitted that the Rule position regarding grant of HRA has been clarified to the appellant on 20.1.2014 and 24.3.2014 that it is granted as per MoF OM. No. F2(37)EII(B)/64, dated 27 Nov 1965. CPIO also mentioned that collating the information about employees who have given undertaking will disproportionately divert the resources of the Public Authority.
Decision Commission is of the opinion that Swamy's Hand Book is reference book for Govt. Departments on Circulars and Orders issued from time to time by the Govt. Submission of the CPIO that collating information about all employees who have given undertaking as required by MoF OM. No. F2(37)EII(B)/64, dated 27 Nov 1965 will disproportionately divert the resources of the Public Authority is accepted. Commission directs the CPIO to provide the copy of O.M. No. F2(37)E II(B)/64, dated 27 Nov 1965 to the appellant within 15 days of receipt of this order.
The appeal is disposed of accordingly.
2(Divya Prakash Sinha) Information Commissioner Authenticated true copy (Raghubir Singh) Dy. Registrar/Designated Officer 3