Central Information Commission
Shri R.K. Jain vs Department Of Expenditure on 4 February, 2010
CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2010/000034
Dated, the 04th February, 2010.
Appellant : Shri R.K. Jain
Respondents : Department of Expenditure
This matter was heard on 03.02.2010 in the presence of both parties. Appellant was present in person, along with Shri R.S.Jain. Respondents were represented by Smt.Renu Jain, Deputy Secretary & CPIO and Shri Alok Saxena, Director.
2. Appellant's RTI-application dated 03.08.2009 sought the following information:-
"The grounds on which the amendment to the CCS (Revised Pay) Rules, 2008 as in Notification No.G.S.R.527(E), dated 16th July, 2009, has been issued and the scale of Rs.67000-79000, and not of Rs.75500-80000, has been sanctioned defying the principle of equality.
Permission for inspection of the relevant file is also solicited."
3. The holder-of-information, Shri S.D. Sharma, Under Secretary (IC-II), through the CPIO's communication dated 04.09.2009, informed appellant that the matter brought up in his RTI-application related to an issue which was under process and till such time as the process was completed, no reply to the query could be provided as no such reply is ready at this point in time. Appellate Authority, through her order dated 19.10.2009, upheld CPIO's / the holder-of-information's decision.
4. Appellant in his second-appeal petition has made the following plea:-
"The applicant had been working as Member (Therman), Central Electricity Authority in the scale of Rs.22400-525-24500. There was another scale of Rs.22400-600-26000 sanctioned for some other posts. With effect from 1/1/2006, while implementing the recommendations of the Sixth Central Pay Commission, Government notified scale of Rs.67000- (annual increment @3%)- AT-04022010-09.doc Page 1 of 2 79000 for the former scale, but a scale with a higher minimum, viz. Rs.75500-80000, for the latter, a difference of Rs.7,500 in the minimum pay. Prima facie, this involved violation of the fundamental right of equality enshrined in Art.14 of the Constitution. The applicant, therefore, wanted to know the grounds for this invidious distinction and also sought inspection of the relevant file."
5. During hearing, it was stated on behalf of the CPIO that the information solicited by the appellant was in the nature of seeking from the respondents grounds, reasons, etc. about the basis on which a certain decision was made. They argued that in the light of several decisions of the CIC, an applicant was not authorized to seek grounds or reasons from the public authority about a certain decision or as to why a certain decision was not taken, or taken in a certain manner and not differently.
6. It was explained on behalf of the public authority that the issue which the appellant had raised in his RTI-application was the subject of the deliberation of a Committee chaired by the Cabinet Secretary and its minutes were communicated to the Ministry of Finance for further action which was presently being processed. Respondents agreed to provide to the appellant the relevant extract from the minutes of the Cabinet Secretary's report on the subject of 'one rank one pension' and related matters. CPIO also concurred in providing to the appellant inspection of the relevant files once the process of examining the matter for a decision was completed.
7. In view of what was stated during the hearing, it is directed that within one week from the receipt of this order, the relevant extract of the report of the Committee chaired by the Cabinet Secretary on 'one rank one pension' and related matters be provided to the appellant.
8. Appellant may remain in touch with the CPIO for inspection of the appropriate files / documents.
9. Appeal disposed of with these directions.
10. Copy of this direction be sent to the parties.
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