Central Information Commission
Shri. S S Tomar vs Department Of Expenditure on 13 July, 2011
Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/AT/A/2010/001039/SS
Name of Appellant : Sh. S. S. Tomar
(The Appellant was present)
Name of Respondent : M/o Finance, D/o Expenditure, North Block
(Represented by Ms. Renu Jain, Director
(EIIIA) and Sh. Jagdish Chander, Dy.
Secretary)
The matter was heard on : 11.07.2011
ORDER
Sh. S. S. Tomar, the Appellant, has requested for information on the current status of his application dated 29.10.2009 and his application dated 18.01.2010. He has also requested for information on various other matters regarding fitment table etc. The PIO vide letter 13.07.2010 forwarded the reply received from the concerned division wherein, on point no. 1 and 2 it has been held that individual representations are not considered in the department, on point number 3 and 5 it was held that these points relate to the Sixth CPC, on point number 4 and 6 it was held that the questions are not clear, on point number 7(iii) & 8 the Appellant was informed as follows: "Point 7(iii) & 8: All details relating to Grade Pay in replacement of the prerevised pay scales for various posts in the revised pay structure implemented on the basis of the recommendations of the Sixth Central Pay Commission are give in the CCS (Revised Pay) Rules, 2008. These Rules are posted on the website of the Sixth Central Pay Commission."
On point number 7(i) (ii), 9 & 10 the Appellant was informed that the sixth CPC has ceased to exist and no records are available and on point number 11, where the Appellant had requested for information regarding fixation of pay, the reply was that as per the section 2(f) read with Section 2(j) of the RTI Act, the Public Authority can only provide information which is available in material form and that the RTI Act does not require the Public Authority to compile information as per the requirement of the applicant and supply the same to the applicant. On point number 3 & 5 of the RTI application, the PIO vide letter dated 18.07.2010 has replied to the appellant enclosing therein a copy of the part (a) of the CCS (RP) rules 1997. The FAA vide decision dated 23.08.2010 has upheld the reply of the PIO.
[ During the hearing, the Appellant Sh. S. S. Tomar reiterates that the reply provided to him are improper and that he should be provided complete requisite information. The respondent on the other hand submit that the appellant, through his RTI application is seeking clarification on pay fixation matters etc. They also submit that individual representations are not considered by the Public Authority and that the appellant may, if he so chooses, approach his administrative department for takingup the matter with the Department of Expenditure.
After hearing the parties and on perusal of the relevant documents on file, the Commission is of the view that the requisite information as per the provisions of the RTI Act has been provided to the appellant. The Appellant may, if he so desires, approach his administrative department in the matter for taking it up with the Department of Expenditure.
[ The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner 13.07.2011 Authenticated true copy (K. K. Sharma) OSD & Asst.Registrar Copy to:
1. Sh. S. S. Tomar, Scientist F (Retd), H. NO. 249, SectorII, Panchkula, Haryana134112
2. The Public Information Officer, Dy. Secretary, M/o Finance, D/o Expenditure, RTI Cell, North Block, New Delhi
3. The Appellate Authority, Jt. Secretary (Per), M/o Finance, D/o Expenditure, RTI Cell, North Block, New Delhi