Central Information Commission
Shailendra Kumar Lal Das vs Controller General Of Defence Accounts ... on 22 January, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/CGDAC/A/2022/661152
SHAILENDRA KUMAR LAL DAS .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
PAO ORs EME, SECUNDERABAD,
PIN- 500015 ....प्रनर्वािीगण /Respondent
Date of Hearing : 15-01-2024
Date of Decision : 18-01-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 25-05-2022
CPIO replied on : 15-07-2022
First appeal filed on : 16-08-2022
First Appellate Authority's order : 19-09-2022
2nd Appeal/Complaint dated : 17-11-2022
Information sought:
The Appellant filed an RTI application dated 25.05.2022 seeking the following information:
"1. It is stated with due reverence that I the above-named soldier had proceeded on retirement on 31 Jan 2022 (A/N) after completion of my terms and conditions from Corps of EME. Certain pay and allowances queries require immediate attention, which have been highlighted in succeeding paras.1
2 Final Settlement of Account Details of amounts deducted during Final Settlement of Accounts from my statement without any appropriate reasons is as under-.
Ser Nature of Period Amount Authority Remarks
No Deductions Deducted
(Rs)
(a) During FSA, the 24 Feb 99 6.980/- 9 Para Fd Regt
amount of CILQ for 30 Jun 99 Part II Order No CILQ has been
the period wef 24 015/0039/1999 dt published correctly
Feb 1999 to 15 18 Aug 1999. with "INITIAL" and
Mar 2000 has 01 Jul 99 9 Para Fd Regt already forwarded
been deducted Part II Order No with the required
without mentioning 22 Sep 99 016/0003/1999 dt Station Order to PAO
any reasons. 14 Sep 1999. (OR) EME. Deduction 23 Sep 99 2 (1) Para Fd of amount after 22 15 Mar 00 Wksp Coy Part II years is not Order No understood.
027/0090/2000 dt
2 May 2000.
(b) During FSA, Pay 30 June 99 31,796/- Statement of Final query for
Revision wef 30 Account for the anomaly in Pay &
Jun 1999 has been month of Jan 2022 Increment was
made with (FSA) forwarded to PAO
deduction of Rs (OR) It was verified
31,796/- and amount was
(c) During FSA, Pay 01 Dec 01 1,77,492/- credited in my
Revision wef 01 bankers (Please ref
Dec 2001 has PAO (OR) EME
been made with LG/16/JC768278M/
deduction of Rs DO Coress dt 15 Feb
1,77,492/-. 21.
3. Observations for rectification/clarification with reference to above queries have already taken with PAO (OR) EME, Secunderabad, vide EME Records letter No JC768278M/Gen/T-3/NE-1 dt 23 Mar 2022, however, no reply has been made so far. Following points merit attentions: -
(a) CILO CILQ for the period wef 24 Feb 1999 to 15 Mar 2000 have been published by two different units. A copy of 2 (1) Para Fd Wksp Coy Part II Order No 027/0090/2000 dt 12 May 2000 regarding publication of Part II Order for CILQ is enclosed for reference. The same has been published correctly with "INITIAL" and already forwarded with required Station Order to PAO (OR) EME, Secunderabad. Deduction of amount after 22 years is not understood.
(b) Pay Revision During FSA, Pay Revision in my respect has been carried out wef 30 Jun 1999 without appropriate reasons. It is pertinent to mention here that, I was promoted to rank of Hav wef 01 Jan 2001 and 2 am entitled for Pay Gp as 6th CPC is 4000-100-6000. However basic pay fixed as on 01 Dec 2001 is Rs 3,900/- which resulted in a cumulative deduction of Rs 1,86.974/- in final FSA. Deduction of amount at this stage is not understood.
4 Long Outstanding Queries Despite four months of retirement, I have not been paid/granted the following pay and allowances by PAO (OR) EME, Secunderabad till now: -
35. Salary / Pay and allowances not being paid on time or even being withheld without any reason is also punishable by law. In view of the above. I wish to seek information as under:-
(a) Intimate the reasons for deduction of amount of Rs 6980/- towards CILQ in final FSA listed at ser No 3 (a), when Part II Order for CILQ has already been published correctly with "INITIAL" and forwarded with required Station Order.
(b) Provide the details of Basic Pay granted / paid wef 30 Jun 1999 to 31 Jan 2022 yearly wise, since Pay Revision has been carried out wef 30 Jun 1999 during FSA without appropriate reasons
(c) Intimate the reasons for not crediting the outstanding pay and allces listed at ser No 4 (a) to 4 (1) after a prolonged time
(d) Any rejections of above-mentioned claims may please be supported with appropriate authority for rectifications."
The CPIO furnished a pointwise reply to the Appellant on 15.07.2022 stating as under:
"With reference to the RTI application cited above, it is stated that the grievance as requested in your application does not cover section 2(f) of RTI Act 2005 which allows to provide information only. The forum of RTI is neither meant for redressal of grievances related to pay & allowances nor for adjustment of the same. An applicant can only seek information available in material form in terms of Section 2(f) of RTI Act 2005. Any discrepancy relating to adjustment of pay and allowances will come under redressal of personal grievances, and you may take up such issues through normal channels to resolve the same. However, your request has been considered under normal grievance and the following information is furnished: -
2 (a) CILQ granted without initial grant DOII from 24/02/1999 to 15/03/2000 therefore amount of Rs. 6980/- deducted in 01/2022 during FSA.
2 (b) You were drawing more basic than your entitled basic w.e.f 01/07/1999.
Hence the same has been adjusted from 01/07/1999.
2 (c) REFIXP validated from 01/12/2001, therefore BASIC pay tallied 4000/- in 01/2022.
44 (a &g) Revised P&A from 15/08/2021 to 31/01/2022 (Hony Lt & Hony Capt) :
Dolls Received in the month of 02/2022 and adjusted in the month of 03/2022 4(b) ENCASH 2021 Adjusted in the MPS 03/2022.
4(c) Ration alices-DO-Il not yet received by this office.
4(4) ENCASH 2022: Adjusted in the MPS 06/2022 and arrears will be released in due course.
4(e) TA claim-The claim was returned since 'Taxi claim is not admissible in Audit.' 4(j) Luggage Clam: Adjusted in MPS 06/2022 for Rs. 20,728/-
4(k) TA Claim: Adjusted in MPS 06/2022 for Rs. 2,472/-
4(f) TFRGTH: DOLL not received by this office.
4(h) Difference of Leave encashment: Adjusted in the MPS 03/2022 & 05/2022.
4(i) CEA: Adjusted in the MPS 05/2022.
Arrears of Rs. 161493/- (Revised P& A ENCASH, difference of leave encashment) have been released in the month of 05/2022 and Rs. 47758/- (CEA, DA and difference of leave encashment) have been released in the month of 06/2022."
Being dissatisfied, the appellant filed a First Appeal dated 16.08.2022. The FAA vide its order dated 19.09.2022, replied pointwise as under:
"Para 6 (a):
CILQ 24.02.1999 to 15.03.2000 CIQ Grant Doll @CCOTH w.e.f. 24.02.1999 to 30.06.1999 published vide No. 0015 published without "INITIAL". CIQ Grant DOII CCBI w.e.f. 23.09.1999 published vide no. 0027 without "INITIAL" by the unit 88C950 and the same unit has published CIIQ Grant Doll @CCOTH wef. 01.01.2000 to 15.03.2000. Due to non- publication of "INITIAL" DOII and difference of rates by the same unit, amount was deducted during FSA. (Copy of CILQ DOII is enclosed).5
Para 6 (b):
Basic Pay One excess increment 01.01.2002 has been adjusted by the system erroneously in the month of 02/2021 and arrears have been released (copy enclosed). Audit Cage has been reviewed during FSA and pay has been corrected. Further, it is informed by the ledger group that the case has not been received for Provisional FSA to review the audit cage and other Dolls. As requested by the applicant Due-drawn statement is enclosed.
Para 6(c):
The applicant performed LTC journey by private taxi, which is not admissible in audit whereas I.TC claim 2021 was erroneously passed for Rs 5256 in the month of 04/2021. Hence the case is reviewed by the "
section and action ha her initiated to recover the erroneously adjusted amount of Rs. 5256/-.
Para 7:
This office has replied to w.r.t 659 EME Bn Do letter No. 50502/Fin/EMF dt. 21.02.2022 (copy enclosed). The same DO has been forwarded by EME Records vide their letter dated 23.03.2022 hence no action has been initiated."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video-Conference. Respondent: Shri K Venkat Ramana, IDAS & CPIO present through Video- Conference.
The written submissions of the Respondent are taken on record.
The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that till date complete and correct information was not provided to him by the Respondent. He further submitted that response given by the Respondent is vague, misleading and incorrect. The Appellant further raised his grievance regarding wrong deductions made by Public Authority from his pension amount. He further alleged that the Respondent on one hand contended that no documents pertaining to the year 1999 are maintained in their records but on the other 6 hand submitted that certain documents are available on their system vide which deductions were made. This clearly shows the mala fide intention of the Public Authority in not providing the information under the RTI Act. The Appellant strongly contended that as to how deductions in CILQ, LTC and pay revision were made after a period of 22 years which were ab-initio paid to him by the Public Authority. The Appellant further argued that he has also furnished a copy of order bearing No. Para Fd Wksp Coy part II order No. 027/0090/2000 dated 12.05.2000 at the time of hearing of his first appeal but the FAA has not initiated any action for the payment of said amount. Further, there are various Court orders vide which excess amount cannot be recovered at the stage of retirement.
The Appellant is again willing to provide relevant documents to the Respondent so that the Public Authority should reconsider the deductions made from his pension amount and correct information should be provided to him.
The Respondent, during the hearing, reiterated the reply given by the CPIO and FAA and submitted that complete point-wise reply/information, as per the documents available on record was provided to the Appellant wherein complete factual position was informed to him.
Decision:
The Commission, after hearing the submissions of both the parties and after perusal of records, observes that despite Appellant's fervently pursuing the matter complete and correct information was not provided to him by the Respondent as per his RTI application. No plausible explanation was offered by the Respondent for not furnishing complete information to the Appellant.
The Commission observes that the Appellant has specifically asked for the information related to reasons for wrong deductions made from his pension amount but the Respondent instead of facilitating the support to their own employees has chosen not to provide complete and correct information under the RTI Act and submitted that available information has already been provided to the Appellant. Further, the Respondent/FAA has also not considered the supporting documents given by the Appellant during the first appeal.
This is a grave violation of the provisions of the RTI Act and it seems that the Respondent public authority has adopted lackadaisical approach in dealing with the RTI applications of the applicants.7
The Appellant during the hearing shows his willingness to provide to the Respondent certain relevant documents in support of his contentions. In view of this, the Appellant is directed to place on record relevant document(s) before the Respondent within a period of one week from the date of receipt of this order. On receipt of documents, the Respondent is directed to re-examine the RTI application dated 25.05.2022 of the Appellant on point Nos. 2(a) to (c) and 4(j) & (k) and provide revised updated reply/information to the Appellant, within three weeks thereafter under due intimation to the Commission.
With the above directions, the appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181927 Date 18-01-2024 SHRI. SHAILENDRA KUMAR LAL DAS VPO - Keoti, Dist - Darbhanga, Bihar - 847121.8