Central Information Commission
Ravindra Kumar vs Indian Army on 28 December, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: - CIC/IARMY/A/2018/167783
In the matter of:
Ravindra Kumar
... Appellant
VS
Central Public Information Officer,
Indian Army, 510 Army Base Workshop
Pin- 900468, APO- 56 APO
... Respondent
RTI application filed on : 09/06/2018 CPIO replied on : 03/07/2018 First appeal filed on : 18/07/2018 First Appellate Authority order : 20/08/2018 Second Appeal Filed on : 06/11/2018 Date of Hearing : 24/12/2020 Date of Decision : 24/12/2020 The following were present:
Appellant: Present over VC Respondent: Col. Umesh, CPIO, present over VC Information Sought:
The Appellant has sought the following information:
1. Provide relevant paragraph of 6th CPC wherein it has been stated that the fixation of pay of an employee who is absent is to be done as per CCS (Revised Pay) Rules, 2008.1
2. Provide a copy of the Order issued with regard to holding of payment of his arrears of pay and allowances.
3. And other related information.
Grounds for Second Appeal The CPIO has not provided the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant contested point no. 1 of the RTI application. The CPIO reiterated the contents of the reply dated 03.07.2018. He further submitted that the FAA had disposed of the first appeal on 20.08.2018. Furthermore, he pointed out that the appellant was on leave from 2010 to 2015 and when he rejoined all his arrears were paid. He further submitted that before the 6th Pay Commission the mode of payment was mode of cash. Since the 6th Pay Commission, the mode of payment was into the bank account and as on date all dues of the appellant were cleared and no dues are pending.
Observations:
Based on a perusal of record, it was noted that the CPIO vide letter dated 03.07.2018 had replied as follows:
"1. As per Rule 7 (Note 3) CCS (Revised Pay) Rules, 2008 "Any Government employee who is on leave on 01.01.2006 and he is entitled to (Leave Salary), from 01.01.2006 or will be entitled to revised pay.
2. The Government employee who was present on 01.01.2006 or was on leave as per para 1, their pay was revised as per Rule 7 of CCS (RP) Rule 2008.
3. 40 percent of 2008-09 and 60 percent of 2009-10 arrear was passed on September 2010. However, due to your absence and unavailability of bank account details payment could not be made. You were present on December 2015 and then you submitted your bank account details to the Finance Section, thereafter your arrears were paid.
4. As per para 3.
To obtain the copy of Rule 7 (Note 3) CCS (Revised Pay) Rules, 2008 kindly pay Rs 2/-"
The appellant was not satisfied with the reply and had filed a first appeal. The FAA disposed of the first appeal on 20.08.2018 and informed the appellant that arrears of Rs 43,269/- was paid on 04.03.2017 and Rs 1,95,344, on 08.08.2018.2
Decision:
In view of the submissions of the CPIO, the Commission finds no scope for any intervention in the matter. The Commission accordingly upholds the submissions of the CPIO. No further action lies.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3