Central Information Commission
Mahesh Barfa vs Department Of Posts on 18 December, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/POSTS/A/2023/129847
Mahesh Barfa ... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
1. O/o. The Director of Accounts ... ितवादीगण/Respondents
(Postal), Nagpur
2. Army Postal Service Record
Office
Relevant dates emerging from the appeal:
RTI : 18.10.2022 FA : 05.12.2022 SA : 07.07.2023
CPIO : 04.11.2022 FAO : 12.01.2023 Hearing : 16.12.2024
Date of Decision: 18.12.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 18.10.2022 seeking information on the following points:
(i) With due respect, I submit the following few line for your kind consideration and favourable action please: -
a) I have requested to APS Account Section for my Transfer Grant Rs 42880/-
vide my application dated 24 Mar 2021 and 02 Jun 2021. Transfer grant yet not credited in my pay slip Sep 2022 and now require your kind consideration and favourable action please. I have posted to 16 SIKH Inf Bn Page 1 of 4 Gp on 04 Feb 2019 and after stay with more than 6 months period with 16 SIKH Inf Bn indl move with unit to Un Mission Congo for public interest and part II order for transfer grant has been published vide Part II Order No 0/0002/0001/2019 dt 02 Sep 2019 in which I have transferred to UN Mission in Democratic Republic of the Congo on 31/08/2019 and reversion from UN Mission on 18/09/2020 vide Part II order No 0/0004/0019/2020 dt 10 Oct 2020.
All Pers of 16 SIKH Inf Bn Gp have been published Part II order for Second (Two) Transfer Grant who have completed for more than 6 months period with unit and after that Unit Move to UN Mission Congo for public interest. One pay slip for the month of 10/2019 in r/o JC-732813W Nb Sub Vijay Singh in which transfer grant 31/08/2019 for Rs 34880/- credited to the JCO has already been forwarded to APS A/C Sec (APS-V) along with my application dated 24 Mar 2021.
b) I have submitted many more application to APS Account Section, (APS-V) Olo DA (P) Nagpur for non adjustment of my Transfer Grant. Sometimes replied that the same will be credited when APS Records will confirmation for Credit Transfer Grant to the JCO. APS Records has already confirmed for credit of Transfer Grant to me. (Photocopy of the APS Records letter No 2376/ERC dated 22 Jun 2022 and APS Account Sec (APS-V) letter No APS V/JC834848A/877 dt 06/10/22 encl for ref pl).
(ii) I requested to please provide the copy of Army rule under which part II order granted amount not credited to the individual account and Army rule in which I have not entitled published Part II Order Second (Two) Transfer Grant in my salary.
2. The CPIO transferred the application vide letter dated 04.11.2022 and the same is reproduced as under :-
Page 2 of 4"Under Rule 6(3) of RTI act, 2005 this RT1 is hereby transferred to APS Records Office, C/o 56 APO for further course of action."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.12.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 12.01.2023 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 07.07.2023.
5. The appellant remained present through audio conference and on behalf of the respondent Ms. Vaishali Patel, Accounts officer attended the hearing through video conference.
6. The appellant inter alia submitted that he had filed the RTI application primarily to obtain a copy of the Army Rule that purportedly states Armed Forces personnel are not entitled to a second (or two) Transfer Grant. Despite fulfilling the eligibility conditions, the appellant's entitlement to the second Transfer Grant was not credited to his salary account. But no information has been furnished by the Respondent authority.
7. The respondent while defending their case inter alia submitted that the said information pertains to Army Rule which is not available with them. Moreover, the said RTI request is in the form of grievance and the RTI Act cannot be used aa a forum for redressal of grievances. She further clarified that; this office has already made correspondence with the Addl. Dte. Genl APS from where no clarification has been received. Additionally, she informed that the transfer grant is received for transfers, while in present case the Appellant is seeking for transfer grant for a transit period.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observed that an appropriate reply has been provided by the Respondent. Therefore, no intervention of the Commission is required in the Page 3 of 4 matter. Further, for grievance, if any, the Appellant is advised to visit an appropriate grievance redressal forum. Accordingly, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 18.12.2024 Authenticated true copy Bijendra Kumar (िबज कुमार) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO O/o. The Director of Accounts (Postal), Department Of Posts, AO & APS & CPIO, Base Circle, Nagpur-440001
2. The CPIO Army Postal Service Record Office, CPIO, RTI Cell, Department of Posts, C/o.56 APO, Pin-900746
3. Mahesh Barfa Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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