Central Information Commission
Ravindra Nana Chavare vs Indian Navy on 27 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/INAVY/A/2023/119633
Ravindra Nana Chavare .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
he Admiral Superintendent
Dockyard, (for Area PIO),
Naval Dockyard, SBS Road,
Mumbai - 400023 ....प्रनर्वािीगण /Respondent
Date of Hearing : 19.09.2024
Date of Decision : 26.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 19.01.2023
CPIO replied on : Not on record
First appeal filed on : 01.03.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 25.04.2023
Information sought:
The Appellant filed an RTI application dated 19.01.2023 seeking the following information:
"(i) Please provide the certified copy/order/CE list in which degraded from Level 4 (GP 2400) to Level 2 (GP 1900).
(ii) Please provide the order for recovery even O.A. No. 838/2022 is pending in Hon'ble CAT, Mumbai.Page 1 of 4
(iii) Please provide the certified copy of Government order in which it is law to make recovery from government servant without intimation.
(iv) IHQ MoD order No. CP (NG)/3008/Representation dated 13 Apr 2017 clarified that I am HSK-II and observed for appear to HSK-I DQE Examination please provide the certified order copy of competent authority above the IHQ (MoD) for degraded to me.
(v) Please provide that certified copy of Govt. Order in which Pay Protection will not granted to me.
(vi) Please provide the reason for not granting of MACP in grade pay of Rs 2800/- from year 2018 that is 10 year from last promotion of HSK-II in year 2008."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 01.03.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri PB Midag, DGM (on behalf of CPIO), attended the hearing through VC.
The Appellant did not participate in the hearing despite service of hearing notice.
The Respondent submitted that first reply qua the instant RTI Application has been given on 17.04.2023, wherein the Appellant was informed as under:
"Query 1 As per NSRY (Karwar) Movement Order NSRY/P&A/0174/ MUT/TRF/COY dated 04 Oct 2013 (copy enclosed), you were transferred to ND(Mbi) on mutual transfer in the same capacity of Skilled. Industrial Employees of the designation "Skilled" at ND(Mbi) are entitled for Grade pay of ₹1900.
Query 2 OA 838/22 is pending at Hon'ble CAT, Mumbai. Query 3 Information not held.
Query 4 Information not held.Page 2 of 4
Query 5 Pay protection has been granted to you wherein your basic pay has been protected in the same grade pay of "Skilled". Query 6 The information sought is in the form of questionnaire which is not in the ambit / jurisdiction of RTI Act 2005."
He added that upon receipt of hearing notice from the Commission, complete information based on available records has been submitted before the bench vide letter dated 16.09.2024.
A written submission has been received from Shri AS Ahluwalia, Commodore, Unit RTI Officer, vide letter dated 16.09.2024, wherein the Commission has been apprised as under:
"1. Refer to Hon'ble CIC's Notice of Hearing for Appeal/ Complaint No. CIC/INAVY/A/2023/119633 dated 05 Sep 2024. Background.
2. Shri Ravindra Nana Chavare vide his two RTI applications both dated 19 Jan 2023, sought information regarding his pay fixation after he was mutually transferred from NSRY(Kar) to ND(Mbi). Accordingly, suitable reply for the queries raised by the applicant was forwarded to him on 17 Apr 2023.
3. Further, as the reply to the RTI application was delayed, the applicant has filed a First Appeal dated 01 Mar 2023, received at this office on 24 Mar 2023, which was suitably replied vide ND(Mbi) letter dated 17 May 2023.
Query wise reply to Second Appeal.
Query 1 : Movement Order and CE order are the two documents on which basis he was transferred and his pay fixed on transfer to Naval Dockyard, Mumbai (a copy of Movement Order was forwarded to the applicant in reply to his application and copy of CE order is placed at Encl-1).
Query 2 : CDA order for recovery is placed at Encl-2. Query 3 : A copy of Government Order in which it is law to make recovery from Government servant without intimation is not held. Query 4 : There is no order of Competitive Authority above IHQ MoD of what the applicant is seeking. Hence no information was provided. The same holds true currently.
Query 5: Applicant is seeking Govt. Order according to which pay protection was not granted to him. As per reply given to the applicant, Pay Protection has been given to the him i.a.w. DoP&T OMNo. 16/4/2012- Pay-l dated 05 Nov 2012 read with OM No. 13/9/2003-Estt. (Pay-1) dated 21 Oct 2009 (the said orders are available in public domain).
Query 6:MACP is granted to employees i.a.w. DoP&T OM 35034/3/2008- Estt. (D) dated 19 May 2009 (available in public domain). The applicant is not eligible for Grant of 1st MACP in 2800. He is eligible only for Grant of 1st MACP from Grade Pay Page 3 of 4 1900/- (Level-2) to Grade Pay 2000/- (Level-3). The Departmental Screening Committee has recommended the same."
Decision:
Perusal of records of the case reveals that an adequate reply in terms of the provision of the RTI Act has been provided to the Appellant and the Commission upholds the same. The written submission dated 16.09.2024 filed by the Respondent is comprehensive and self-explanatory as such but it seems that a copy of the same has not been sent to the Appellant and accordingly CPIO is directed to send a copy of same to the Appellant through speed post, within two weeks of receipt of this order. No further action is required in the instant 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 & Admiral Superintendent, (for FAA), Naval Dockyard, Lion Gate, Mumbai - 400023 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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