Central Information Commission
Mashkoor Ahmed vs Department Of Defence on 3 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MODEF/C/2023/645809
CIC/MODEF/A/2023/649041
Mashkoor Ahmed ....िशकायतकता /Complainant
.....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Department of Defence 'B' Wing,
Sena Bhawan, New Delhi-110011
CPIO,
Department of Defence South Block,
New Delhi - 110001 .... ितवादीगण /Respondent
Date of Hearing : 26.12.2024
Date of Decision : 02.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned cases are clubbed together as the
Appellant/Complainant is common and subject-matter is similar in nature
and hence are being disposed of through a common order.
1. CIC/MODEF/C/2023/645809
Relevant facts emerging from complaint:
RTI application filed on : 21.07.2023
CPIO replied on : Not on record
First appeal filed on : Nil
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : Nil
Page 1 of 7
Information sought:
The Complainant filed an RTI application (online) dated 21.07.2023 seeking the following information:
"Subject: Request for information regarding the Service Book of Shri Mashkoor Ahmed, Ex-Master Gazetted, under RTI Act-2005 Dear Sir, Its in your Knowledge that ongoing struggle over the past 10 years to receive my pension from your institution. Despite my continuous efforts, I have not received any progress in this matter, and my hands remain empty. As you are aware, the PCDA (Principal Controller of Defence Accounts) Prayagraj has repeatedly requested the submission of my original service books. Therefore, I kindly request you to provide the following information in accordance with the provisions of the RTI Act-2005:
1. Please inform me of the current where about of my original service books, specifically:
a) The Service Book of the Government of Arunachal Pradesh?
b) The Service Book of the Military School?
2. I would appreciate an explanation as to why these important documents have not been submitted to PCDA Prayagraj. It is my understanding that these service books were forwarded to you from Rashtriya Military School, Dholpur, and subsequently received by your office in 1992.
3. Who is responsible for not submitting the documents/service books of my services as asked by PCDA Prayagraj time to time?
4. What steps you have taken for procurement of my service records of as per requirement by PCDA Prayagraj?"
Having not received any response from CPIO, the complainant filed a First Appeal dated Nil. The FAA order is not on record.
2. CIC/MODEF/A/2023/649041 Relevant facts emerging from appeal:
RTI application filed on : 21.07.2023 CPIO replied on : 22.08.2023 First appeal filed on : 21.08.2023
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : Nil Page 2 of 7 Information sought:
The Appellant filed an RTI application (online) dated 21.07.2023 seeking the following information:
"Subject: Request for information regarding the Service Book of Shri Mashkoor Ahmed, Ex-Master Gazetted, under RTI Act-2005 Dear Sir, Its in your Knowledge that ongoing struggle over the past 10 years to receive my pension from your institution. Despite my continuous efforts, I have not received any progress in this matter, and my hands remain empty. As you are aware, the PCDA (Principal Controller of Defence Accounts) Prayagraj has repeatedly requested the submission of my original service books. Therefore, I kindly request you to provide the following information in accordance with the provisions of the RTI Act-2005:
1. Please inform me of the current where about of my original service books, specifically:
a) The Service Book of the Government of Arunachal Pradesh?
b) The Service Book of the Military School?
2. I would appreciate an explanation as to why these important documents have not been submitted to PCDA Prayagraj. It is my understanding that these service books were forwarded to you from Rashtriya Military School, Dholpur, and subsequently received by your office in 1992.
3. Who is responsible for not submitting the documents/service books of my services as asked by PCDA Prayagraj time to time?
4. What steps you have taken for procurement of my service records of as per requirement by PCDA Prayagraj?"
The CPIO furnished a reply to the Appellant on 22.08.2023 stating as under:
S.No Information sought Reply
(a) Service Book of the Govt Arunachal Pradesh has already asked
Government of Arunachal to send the service book to process Pro-Rata
Pradesh Pension case with PCDA, Prayagraj vide our
letter No 808/PRP/MAM/Accts dt 20 May
2022 with repeated reminders under
intimation to you, but still it is awaited.
(b) Service Book of the Military Re-constructed Service Book held with our
School School
(c) Explanation for not submitting As the service book of Govt Arunachal
documents to PCDA Prayagraj Pradesh has not yet received by us, this Page 3 of 7 school cannot process your case
(d) Responsibility As explained above
(e) steps for procurement of my -do-
service records Being dissatisfied, the appellant filed a First Appeal dated 21.08.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant/Appellant: Mr. Imran Ahmed, son/representative of the Complainant attended the hearing through VC.
Respondent: Shri Tamojeet Biswas, CPIO, Shri Anil Kaim, Master Gaz and Shri Akshay Solanki, CPIO-cum-Administrative Officer, attended the hearing in person.
The representative of the Complainant/Appellant apprised the bench that he is son of the Complainant/Appellant who had left for heavenly abode on 21.10.2024 and is contesting the instant matter in the capacity of Legal representative of the Complainant/Appellant. He stated that the instant case is regarding family pension of the deceased Complainant/Appellant.
The Respondent submitted that a suitable reply based on available records has been given to the Complainant/Appellant vide letter dated 22.08.2023. While explaining the brief background of the case, he submitted that Shri Mashkoor Ahmed, Ex-Master Gaz, was appointed and served as Master Gaz at Rashtriya Military School Dholpur w.e.f. 05 Jul 1990 to 15 Apr 1992. Subsequently, he was transferred and served at RMS Belgaum w.e.f. 16 Apr 1992 to 30 Aug 1994. Later, he resigned from RMS Belgaum to take up the appointment of Principal, Navodaya Vidyalaya Samiti, New Delhi (NVS) w.e.f. 30 Aug 1994. However, Rashtriya Military School has initiated Appellants' pension case as per pension Adalat's guidelines. The delay in pension was due to reconstruction of service book from Director of School Education Govt. Hr. Secondary School, Arunachal Pradesh. Since, the case was old that to prior 1990's, collection of data and reconstruction of Service Book took time. Even Page 4 of 7 though, School has submitted pension documents after receipt of Service Books from Director of School Education Govt. Hr. Secondary School, Arunachal Pradesh. Accordingly, pro-rata pension and gratuity of pension has sanctioned by PCDA (P) Allahabad/Prayagraj and further reiterated the contents of written submission dated 14.12.2024.
A written submission has been received from Shri Tamojeet Biswas, CPIO, vide letter dated 19.12.2024, wherein the Commission has been apprised as under:
"1. Reference is made to Hon'ble CIC File No CIC/MODEF/C/2023/645809 dt 02 Dec 2024.
2. Brief of the Case. The appellant Mashkoor Ahmed had filed RTI application seeking his Original Service Book.
3. Application under RTI. Appellant's initial RTI application dt 21 Jul 2023 related to seeking his Original Service Book was received at this Cell on 26 Jul 2023. After scrutinizing, case was transferred to PIO, RMS, Belgaum under section 6 (3) of RTI Act 2005 vide this RTI Cell letter No A/810027/RTI/ TFR_81028 dt 31 Jul 2023 (copy enclosed).
4.First Appeal. First Appeal has not been received by this RTI Cell.
5. In view of above, The PIO of RMS, Belgaum is being intimated to attend the scheduled hearing at 1210 hrs on 26 Dec 2024.
6. It is also intimated that, RMS, Belgaum has disposed the case vide their letter No 455/RTI/A dt 22 Aug 2023 (copy enclosed).
7. Notice of Hearing. Notice of hearing for Second Appeal addressed to CPIO, Department of Defence, Sena Bhawan, New Delhi was received from them at this RTI Cell office on 18 Dec 2024 and the same has been listed for hearing at 1210hrs on 26 Dec 2024.
8. Submission/Recommendation.
It is submitted that the case has appropriately been transferred to PIO, RMS Belgaum, by the CPIO, IHQ of MoD (Army) vide this RTI Cell letter No A/810027/RTI/TFR_81028 dt 31 Jul 2024.
9. It is also intimated that the copy of this submission is being sent through mail on appellant's e-mail id as mentioned in the initial RTI application."
A written submission has been received from Dr. M. Ponnuraj, CGO, vide letter dated 14.12.2024, wherein the Commission has been apprised as under:
"1. Please ref your notice of hearing for appeal/complaint file No. CIC/MODEF/A/2023/649041 dt 02 Dec 2024.
2. The first RTI was filed by Sh Mashkoor Ahmed, Ex-Master Gaz who was appointed and served as Master Gazetted at Rashtriya Military School Dholpur wef 05 Jul 1990 to 15 Apr 1992. Subsequently, he was transferred and served at RMS Belgaum wef 16 Apr 1992 to 30 Aug 1994. Later, he resigned from RMS Belgaum to take up the ap-Page 5 of 7
pointment of Principal, Navodaya Vidyalaya Samati, New Delhi (NVS) wef 30 Aug 1994.
3. Wherein the appellant asked for details of original service book & pension on the appellant representation vide Indi application dt 21 Jul 2023 (Appx A). However, the reply fwd by PIO, RMS Belgaum vide letter No 455/RTI/A dt 22 Aug 2023 (Appx B) stated that, service books was fwd to 'The Director Navodaya Vidyalaya Samiti, New Delhi' vide this School letter No 155/MG/MA/95/A dt 03 Jan 95, copy of the same was also fwd to indl as proof. Later, it's indl/ serving unit responsibility for the service books.
4. However, this School has initiated his pension case as per pension adalat's guide- lines (Appx C). The delay in pension was due to reconstruction of service book from Director of School Education Govt. Hr. Secondary School, Arunachal Pradesh. Since, the case was pretty old that to prior 1990's, collection of data and reconstruction of Service Book took time. Even though, School has submitted pension documents after receipt of Service Books from Director of School Education Govt. Hr. Secondary School, Arunachal Pradesh. Accordingly, pro-rata pension and gratuity of pension has sanctioned by PCDA (P) Allahabad/Prayagraj vide P.Ρ.Ο Νο 414202400066 dt 05 Sep 2024.
5. Further to above, it is submitted that the status of his case was intimated to the indl from time to time, though, individual is frequently complaining telephonocilly as well as through application/grievance. It leading to infructous correspondence and inordinate delay. The latest letter fwd vide letter No 888/PRP/C-3/MAM/Accts dt 24 Aug 2024 to clear Individual grievance (Appx D).
6. However, the appellant, still unsatisfied and filled an appeal to the CIC on 21 Aug 2023. It is the duty of this office to bring to the notice of the Honorable CIC that the info asked by the appellant vide their RTI dt 21 Jul 2023. Since the appellant has lev- ied serious accusations on RMS Belgaum in their letter, it becomes unavoidable to bring on record the following information:-
(a) RMS Belgaum vide letter No 155/MG/MA/95/A dt 03 Jan 95, the service books was fwd to 'The Director Navodaya Vidyalaya Samiti, New Delhi'. A copy of the same was also fwd to the individual as proof vide letter No 455/RTI/A dt 22 Aug 2023. Lat- er, it's indl/ serving unit responsibility for the service books.
(b) In case, the individual was applied and selected through proper channel, his case would have settled within a year of his resignation, however, it was not done so. It is his responsibility to get it settled at that time itslef, whereas, individual has started his case after his retirement from Navodaya School after knowing that no pension facility is available in NVS. Since, indl was joined NVS through proper channel, as all the dues pertains to indi would have transferred to his next posted unit. It is the sole responsibility of his new unit to carry forward in dues of last unit.
(c) However, this School has initiated his pension case as per pension adalat's guide-
lines/direction on 20 Sep 2017 that, the service book of the officer be reconstructed on the basis of documents, pay details etc by RMS Dholpur and RMS Belgaum. How- ever, service rendered with Arunachal Pradesh Govt. to account for in the re- construct service book for the purpose of grant of pro-rata retirement benefits not found by PCDA, Prayagraj. Later, School approached individual's prior unit to fwd Page 6 of 7 service copy. On 22 Mar 2024 Government of Arunachal Pradesh Directorate of Secondary Education Itanagar fwd service book vide letter No DSE-11020/15/2021 (Appx E).
(d) Finally, PCDA, PCDA (P) Allahabad vide P.P.O No 414202400066 dt 05 Sep 2024 has sanctioned Pro-Rata pension to the individual (Appx F).
7. The appellant has falsely stated that RMS has delayed pension case and not fwd service books in-time. He hasn't mentioned how long time Arunachal Pradesh Directorate of Secondary Education Itanagar has taken time to reconstruct of service book. Further to above, after joining NVS, individual has not approached his previous units for service books at that time only. Hence, how individual has served in NVS without previous unit's service books as he has applied through proper channel as per individual's perspective and individual has started his case after his retirement from Navodaya School after knowing that no pension facility is available in NVS. Therefore, it is request to CIC, by considering all above aspects, kindly dismiss the case please."
Decision The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that a suitable reply in terms of RTI Act has been given by the Respondent, hence, no mala fide is established. Further the written submission sent by Dr. M. Ponnuraj, CGO vide letter dated 14.12.2024, is more elaborate and is treated as updated reply but a copy of the same has not been sent to the Appellant/Complainant. Accordingly, the concerned Respondent is directed to send a copy of the same to the Appellant/Complainant, within two weeks from the date of receipt of this order.
Respondent Public Authority is advised for early release of the dues arising out of pension.
The Complaint and Appeal are disposed off accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स"ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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