Central Information Commission
Debabrata Roy vs Military Engineer Services on 6 May, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/MESER/A/2023/620188
Debabrata Roy .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Garrison Engineer (AF),
Kalaikunda, PO: Kalaikunda Air
Field, Medinipur West - 721303 ....प्रनर्वािीगण /Respondent
Date of Hearing : 02-05-2024
Date of Decision : 03-05-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 30-07-2022
CPIO replied on : Not on record
First appeal filed on : 18-02-2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 21-04-2023
Information sought:
The Appellant filed an RTI application dated 30-07-2022 seeking the following information:Page 1 of 10
"Kindly inform me that the first day of the next month or the last day of the same month is fixed for distribution of monthly fixed pay and allowances to MES industrial employees."
The PIO, GE (AF), Kalaikunda, W.B. forwarded the RTI Application to the CDA, Patna 19 on 01-10-2022 under intimation to the Appellant.
On 14-11-2022, the Appellant wrote an Application to the RTI Cell, MES, New Delhi by stating as under -
"...2. I had written the above RTI application to your Headquarter but till date I have not received any information about my application. In this regard, I would also like to inform you that the status of my online RTI application has been disposed of on 07/10/2022 without giving any information.
3. Therefore, I request you to kindly take appropriate action so that I can get information about my RTI application."
On 22-11-2022, the PIO RTI Cell (Pers.), Chief Eng. C/o. transferred the RTI Application to the MES, Kailakunda, Paschim Medninapore with a copy marked to the Appellant.
On 05-11-2022, CPIO ,G.E. Kailakunda replied to the Appellant by stating as under -
"2.The RTI Application dated 30-07-2022 submitted by you earlier has already been transferred to GE (AF) Kailakunda by this office as this matter is closely related to GE (AF) Kailakunda.
3. You are requested to approach GE(AF) Kalaikunda for further information please."
On 05-12-2022, CPIO, O/O CDA, Patna transferred the RTI Application to the CPIO E-In-C branch, MES, New Delhi under Section 6(3) of the RTI Act.
Being dissatisfied, the appellant filed a First Appeal dated 18-02-2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the ground of non-receipt of complete information except multiple transfer of his RTI Application.
Page 2 of 10Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Represented by Shri Ashok Kr. Manna present through video- conference.
Respondent: Shri Gautam Kumar, A.E. (Civil) present through video- conference.
A written submission dated 22-04-2024 has been submitted by the Appellant which is taken on record. Contents of the same are reproduced below -
2. The following comments regarding my online RTI application No. MESER/R/E/22/01606 dated 30 July 2022 is as under:
i) I made an RTI application to the CPIO, E-in-C's Branch, New Delhi through online on 30 July 2022, which number MESER/R/E/22/01606 (marked as Annexure 'A').
ii) On 07 October 2022, GE (AF) Kalaikunda sent my application to CDA Patna vide letter No. 5012/Misc/ /E5C (marked as Annexure 'B') for necessary action and feedback.
iii) On 14 November 2022, I wrote an application vide letter No. JCM/58/2022 (marked as Annexure 'C') to the MES RTI Cell, New Delhi, informing that my online RTI application has been disposed of on 07 October 2022 without giving any information.
iv) On 22 November 2022, HQ Eastern Command vide letter No. 131031/RTI/37/Pers (marked as Annexure 'D') requested me to approach HQ CWE (AF) Kalaikunda for further information and GE (AF) Kalaikunda and HQ CWE (AF) Kalaikunda were also asked to take appropriate action and provide information directly to the applicant.
v) On 05 December 2022, HQ CWE (AF) Kalaikunda vide letter No. 1099/RTI/1730/E1C(1) (marked as Annexure 'E') requested me to approach GE (AF) Kalaikunda for further information.
vi) On 05 December 2022, CDA Patna vide letter No. प्रशा /1 / समन्यय / Debabrata Roy/IIII/RTI-XVI (marked as Annexure 'F') requested to the CPIO, E-
in-C's Branch, New Delhi to take necessary action and provide information to Page 3 of 10 me. In this way my RTI application completes a complete cycle from the CPIO, E-in-C's Branch to the CPIO, E-in-C's Branch.
vii) On 27 January 2023, GE (AF) Kalaikunda vide letter No. C/1521/Gen/278/E1C (marked as Annexure 'G') sent me a copy of Action History of my RTI application for information. Even in that letter, no information was provided on the subject of my sought RTI application.
viii) By carefully observing all the above letters, it becomes clear that my RTI application had not been disposed of till then but I don't know why disposed of it online. I think such irresponsible acts defy the RTI Act.
ix) On 18 February 2023, I made the first appeal through off-line vide letter No. JCM/11/2023 (marked as Annexure 'H') to the first appellate authority i.e. Jt. DG (Pers), E-in-C's Branch, New Delhi (since my RTI application was in E-in- C's Branch at that time) and requested to obtain the information sought by me under the RTI Act 2005.
3. In this regard, I would like to tell you the following few lines for your information as to why this RTI application is so important for us because our monthly salary is sometimes given on the first working day of the month and even sometimes also on the second working day of the month.
i) On 18/05/2023, I had filed an online RTI application vide No. MODEF/R/23/01988 in the Department of Defence to provide a copy of the order regarding Monthly Salary disbursement date (first working day of the month or last working day of the month) of Defence Industrial Civilian Employees. Based on my RTI application Controller General of Defence Accounts, New Delhi has informed me through letter No. AT/RTI-2005/Vol.V/2023 dated 16.06.23 (marked as Annexure 'J') that the pay will be disbursed as per Para 2/4 of the Subsidiary instructions to Central Government Account (Receipts and Payments) Rules, 2022.
ii) Para 2.4 (1) (a) of Central Government Account (Receipts and Payments) Rules, 2022 and Rule 64. (1) of Central Government Account (Receipts and Payments) Rules-1983, both state that the Page 4 of 10 monthly pay and fixed allowances of Government Servants shall be due for payment on the last working day of the month to which they relate. However, the pay and allowances for the month of March shall be paid on the first working day of April.
iii) CDA Patna vide letter No. Pay/Tech/0237/MISC/Corr./Vol-XI dated /07/2023 (marked as Annexure 'K') informed me that pay and allowances of MES Industrial employees are comes under the Payment of Wages Act 1936. They also said that as per Rule 5(1)(a) of the Payment of Wages Act 1936, our monthly salary will be disbursed before expiry of the seventh day after the last day of the wages period in respect of which the wages are payable.
iv) Then again CDA Patna vide letter No. Pay/Tech/0237/MISC/Corr./Vol-
X dated 28 March 2024 (marked as Annexure 'L') informed me that disbursement of monthly salary of industrial employees is made on the first working day of the following month as per MoD letter No. RD/Pers-10/JCM/25830/833/D(Civ-I) dated 04 March 1991.
A written submission dated 25-04-2024 has been filed by Shri MK Yadav, PIO, GE wherein he inter alia explained as under -
"....2. It submitted that RTI application No. MESER/R/E/22/01606 dated 30 Jul 2022 appealed by Shri Debabrata Roy is received through channel of departmental HQs and the information sought by the appellant under RTI Act 2005 has already been given to him by hand/name along with Action History of RTI portion and Extract of the Payment of wages Act, 1936 (copy attached) vide this office letter No.1512/Gen/278/E1C dated 27 Jan 2023. However, it is confirmed that the entire correspondence as mentioned in appellant's letter No. JCM/11/2023 dated 18 Feb 2023 have been done, but the extract page of wages Act, 1936 is missing with the enclosures of your above referred letter."
Action History ACTION HISTORY OF RTI REQUEST No. MESER/R/E/22/01606 Applicant Name Debabrata Roy To The Directorate General (Pers) Engineer-in-Chiefs Branch IHQ of MOD (Army) Kashmir House, Rajaji Marg, New Delhi-
Page 5 of 10110011 Sub: INFORMATION UNDER RIGHT TO INFORMATION ACT-2005 Text of Application Respected Maam/Sir, Kindly inform me that the first day of the next month or the last day of the same month is fixed for distribution of monthly fixed pay and allowances to MES industrial employees. Thanking you.
Reply of Application PLEASE CHECK REPLY AS FILE ATTACHED SN Action Taken Date of Action Taken By Remarks Action 1 RTI request 30/07/2022 Nodal officer received 2 Request 01/08/2022 Nodal officer Forwarded to Forwarded to CPIO(s): (1) CPIO EINC e1c (283)-
DIR e1c (283)
3 Request 30/08/2022 EINC e1c (283) - DIR e1c Transferred to
transferred to (283)- (CPIO) CPIO(s): (1) EC
other CPIO CE pers - col
pers
4 Request 07/0/2022 EC CE pers - col pers- Transferred to
transferred to (CPIO) CPIO(s): (1)
other CPIO ADG (NEI) CWE
AF
KALAIKUNDA-
DCWE
5 Request 08/09/2022 ADG (NEI) CWE AF Transferred to
transferred to kalaikunda - DCWE- CPIO(s): (1)
other CPIO (CPIO) ADG(NEI) GE AF
kalaikunda-GE
6 Request 07/10/2022 ADG (NEI) GE AF
disposed of kalaikunda-GE-(CPIO)
Upon persistent query of the Commission, Respondent invited attention of the Commission towards Payment of Wages Act, relevant extract of which is reproduced as under -
"EXTRACT OF THE PAYMENT OF WAGES ACT, 1936
5. Time of payment of wages.-Page 6 of 10
(1) The wages of every person employed upon or in- (a) any railway, factory or 1 [Industrial or other establishment] upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day, (b) any other railway, factory or '[industrial or other establishment), shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable: 2 [Provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.] (2) Where the employment of any person is terminated by or on behalf of the employer, the wages, earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated: 1 [Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.] (3) The 2 [3 [appropriate Government] may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any railway (otherwise than in a factory) 4 [or to persons employed as daily-rated workers in the Public Works Department of the Central Government or the State Government] from the operation of this section in respect of the wages of any such persons or class of such persons: 5 [Provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government.]..."
Respondent on being queried further stated that the clause 5.(1)(b) of the above is applicable in case of the Appellant.
He handed over a copy of his written submission to the Appellant's representative during the hearing which is taken on record.
Page 7 of 10Appellant's representative pleaded that their salaries are always being delayed by their employer for one week or more, for which they sought intervention of the Commission.
Decision:
The Commission, after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant is not satisfied with the response given by the CPIO on his RTI application.
In response, the Respondent vide it's letter dated 07-10-2022 provided the information to the Appellant, which has further been clarified during the hearing.
Appellant's representative during the hearing pleaded action on his grievance for delayed release of salary by at least one week and has also been challenging the correctness of the information provided. Despite this, the CPIO has provided a response to the Appellant; in the spirit of RTI Act.
The Appellant is advised about the powers of the Commission under the RTI Act by relying on certain precedents of the superior Courts as under:
The Hon'ble High Court of Delhi in the matter of Hansi Rawat and Anr. v. Punjab National Bank and Ors. (LPA No.785/2012) dated 11.01.2013 has held as under:
"6. ....proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished."(Emphasis Supplied) The aforesaid rationale finds resonance in another judgment of the Hon'ble Delhi High Court in the matter of Govt. of NCT of Delhi vs. Rajender Prasad (W.P.[C] 10676/2016) dated 30.11.2017 wherein it was held as under:
"6. The CIC has been constituted under Section 12 of the Act and the powers of CIC are delineated under the Act. The CIC being a statutory body has Page 8 of 10 to act strictly within the confines of the Act and is neither required to nor has the jurisdiction to examine any other controversy or disputes."
While, the Apex Court in the matter of Union of India vs Namit Sharma (Review Petition [C] No.2309 of 2012) dated 03.09.2013 observed as under: 0 "20. ...While deciding whether a citizen should or should not get a particular information "which is held by or under the control of any public authority", the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority...." (Emphasis Supplied) In view of the above, intervention of the Commission is not required in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Military Engineer Services, Jt. DG PERSE-in-C's Branch, Kashmir House, Rajaji Marg, New Delhi -110011 Page 9 of 10 Page 10 of 10 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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