Central Information Commission
Dev Dutt Sharma vs Department Of Posts on 26 November, 2020
CIC/POSTS/A/2018/174296
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/POSTS/A/2018/174296
In the matter of:
Dev Dutt Sharma ... अपीलकता /Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Sr. Supdt. Posts,
Department of Posts,
O/o. Sr. Superintendent Posts,
Meerut Division, Meerut,
Uttar Pradesh
Relevant dates emerging from the appeal:
RTI : 08.10.2018 FA : 19.11.2018 SA : 27.12.2018
CPIO : 05.11.2018 FAO : 10.12.2018 Hearing : 26.11.2020
The following were present:
Appellant: Shri J.P. Verma, Advocate and representative of Shri Dev Dutt Sharma
participated in the hearing through video conferencing from NIC Meerut.
Respondent: Shri M.P. Bharadwaj, Dy. Superintendent participated in the hearing
through video conferencing from NIC Meerut.
Page 1 of 6
CIC/POSTS/A/2018/174296
ORDER
Information sought:
The Appellant filed an RTI Application dated 08.10.2018 seeking information on the following six points:
1) As per Pay fixation Proforma enclosed (A), relevant to appellant (Dev Dutt Sharma Ex-postman) Basic Pay Rs 3100/- was fixed as on 01.01.96 in the revised Pay Scale Rs 2750-4400 and approved by HOO. Provide specific Govt. Order /Instruction, basis thereon, Basic Pay Rs 3100/- as on 01.01.1996, was fixed.
2) Whether instructions/orders contained in CCS(RP) Rules 1997 G.I.M.F (DEPTT OF EXPDR) F. No. 50(1)/IC/97 Dated 30.09.1997 were required to be followed?
3) As informed to appellant in past that Basic Pay Rs 3100/- fixed by (DPOST/Sr Postmaster Meerut cantt) was subsequently reduced to Rs 2960/- by DAP Lucknow. Intimate specific authority under which Audit Authority. (DAP Lucknow) was empowered for re-fixation of Basic Pay instead exercising post- check on Pay fixation Proforma approved by HOO and admit as correct in audit.
4) Whether Audit Authority (DAP Lucknow) after post checking had raised Internal Audit Report (IR) basis on which Basic Pay Rs 2960/- was approved by HOO (Sr Postmaster Meerut cantt). If yes, provide copy of IR raised by DAP Lucknow.
5) Find enclosed Blank Pay fixation Proforma (B) (contains Col. 1 to 16) introduced under V CPC/CCS(RP Rules 1997 (G.I.M.F (DEPTT OF EXPDR) F.No. 50(1)/1C/97 Dated 30.09.1997), and returned to appellant duly filled (Col 1 To
16) with the relevant element/calculation of Rs 2960/- as on 01.01.196 and duly approved by HOO.
6) Pay scale 825-15-900-20-1200 was upgraded to 2750-70-3800-75-4400 (with two advance increments), whether GOI/HOD had issued specific instruction/manner under which pay fixation in the scale of Rs 2750-70-3800-75-4400 (with two Page 2 of 6 CIC/POSTS/A/2018/174296 advance increments) was required to be carried out. In case the reply is yes, intimate/provide a copy of such instruction issued by GOI/HOD.
The CPIO vide letter dated 05.11.2018 provided point-wise information to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 19.11.2018. The First Appellate Authority vide order dated 10.12.2018 upheld the CPIO's reply.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the information provided by the Respondent public authority.
The Respondent submitted that the audit party i.e., Sr. Accounts Officer (Internal Audit), O/o. Director of Accounts (Postal), UP Circle, Lucknow upon conduction of the inspection had reduced the pay in compliance with the relevant orders and provisions of the Central Civil Services (Revised Pay) Rules, 1997. At the instance of the Commission as to why the instant RTI Application was not transferred to the concerned CPIO, Director of Accounts (Postal), he explained that after receiving the hearing notice from the Commission, he has initiated hectic efforts to know the status of the Appellant's pay anomalies and accordingly, he was put to knowledge that the grievance of the Appellant has been resolved. He added that Shri P.D. Raigor was the then CPIO, who superannuated on 01.06.2020.Page 3 of 6
CIC/POSTS/A/2018/174296 The Appellant interjected to state that the Respondent public authority while replying to the RTI Application has adopted a habit of not mentioning the name of the CPIO, which is not accordance with the law for the time being in force.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the instant RTI Application has not been handled by the Respondent public authority in a judicious manner. The then CPIO Shri P.D. Raigor has failed to transfer the relevant portion of the RTI Act to the concerned CPIO, Director of Accounts (Postal), which resulted in untimed intimation of the relevant information. However, since the Respondent has orally stated that the pay anomalies of the Appellant have been solved, the Commission finds it expedient to categorically intimate the same to the Appellant in writing, within 15 days from the date of issue of this order.
Notwithstanding the above, the Commission also have the same opinion as to the Appellant's statement regarding the replies to the RTI Application are being sent without mentioning the name of the CPIO, which is not in conformity with the extant provisions/rules for the time being in force. In this regard, the Commission recommends that the Respondent public authority shall henceforth; mention the name of the CPIO while replying to the upcoming RTI Application in order to avert unnecessary litigation.
A copy of this order is marked to the Secretary & Chairperson, Postal Services Board, Department of Posts.Page 4 of 6
CIC/POSTS/A/2018/174296 With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 26.11.2020 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/POSTS/A/2018/174296 Addresses of the parties:
1. The First Appellate Authority (FAA) Director of Postal Services, Department of Posts, O/o. the Postmaster General, Barielly Region, Uttar Pradesh - 243 001
2. The Central Public Information Officer Sr. Supdt. Posts, Department of Posts, O/o. Sr. Superintendent Posts, Meerut Division, Meerut, Uttar Pradesh
3. Mr. Dev Dutt Sharma Copy to:
The Secretary & Chairperson, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi - 110001 [For taking note of the aforesaid recommendation and initiation of necessary action] Page 6 of 6