Central Information Commission
Shri. M S Raja vs Comptroller And Auditor General on 20 October, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
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Decision No. CIC/SM/A/2011/001064/SG/15227
Appeal No. CIC/SM/A/2011/001064/SG
Relevant facts emerging from the Appeal:
Appellant : Mr. M. S. Raja
15/1089-90
Vasundhara(PO),
Ghaziabad(UP)-201012
Respondent : Mr. R. Srinivasan
PIO & Pr. Legal Advisor O/o Comptroller and Auditor General of India CAG of India 9 DDU Marg, New Delhi-110124 RTI application filed on : 05/10/2010 PIO replied on : 03/12/2010 First Appeal filed on : 31/12/2010 First Appellate Authority order on : 22/02/2011 Second Appeal received on : 31/03/2011 S.No Information Sought Reply of PIO Order of FAA st
1. In IA & AD, when the The 1 concrete step towards The information has been Departmental Council was formation of the departmental supplied regarding the formed and when was its Council-IA&AD in the post available records. Efforts first meeting? CCS(RSA) Rules,1993, scenario could tracing previous records be taken only after the then Dia had are being made. invited 2 representatives each from All India Audit Federation and All India A&E Association. The former was represented by S/Shri AB Sen, its secretary general and SK Vyas, the leader staff side erstwhile Department Council-IA&AD. IA&AD was formed in the year 2005 and its first ordinary meeting, subsequently christened as the XXVII Ordinary Meeting of the Departmental Council IA&AD was held on 25th august 2006, in which the appellant has participated as the Secretary Staff Side.
2. On which date Constitution Fresh constitution was framed in Reiterated PIO's Reply.
of Departmental Council 2005.A copy was sent to the then (JCM)/IA & AD was cabinet secretary and the Secretary to adopted? Minutes of the GOI, DOPT. with the meeting ON meeting in which it was 25.08.2006, the new constitution came adopted and copy of the into existence.copy is enclosed. constitution.
3. Declaration of joint intent The Departmental Council's No Amendments have regarding the common Constitution has been in force since been made. Further no approach of GoI and the 2005. No need has arisen to revisit it meeting of the employees Organisation to or seek any change in the same. departmental Coulcil work the machinery of Joint could be held after Consultation and 25.08.2006. hence no Compulsary Arbitration details by appellant exist.
states that "Both the parties
are agreed that any
provision of this declaration
or of the scheme could be
amended by mutual
agreement at any time".
Whether any amendments
were made in that? If yes,
minutes of the meeting that
agreed for amendments be
supplied.
4. i.Please provide copy of the The instructions dated 19.04.1995 and No instructions from GoI,
DOPT's instruction that did 7th april,2004 may be obtained from whereby an ex-employee
not provide for retired DOPT. can be taken as a staff
employees as members of member in the
staff side. departmental Council.
ii.Copy of correspondences Retired employees cannot
with DOPT on the issue of be Official
nomination of shri SK Vyas Bearers/Members of
as member, Staff Side, federations.
Departmental Council(JC
M/)IA&AD may please be
supplied.copy of file
notings be provided.
Grounds for the First Appeal:
Not Satisfied with the reply of the PIO.
Ground of the Second Appeal:
Not Satisfied with the reply of the FAA. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. M. S. Raja;
Respondent: Mr. R. Srinivasan, PIO & Pr. Legal Advisor;
The PIO has given the information available on the records but the Appellant would like to inspect the relevant records on 04 November 2011 from 11.00AM onwards at the office of the PIO.
Decision:
The Appeal is allowed.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 04 November 2011 from 11.00Am onwards. The PIO will give attested copies of records which the Appellant wants free of cost upto 100 pages. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 20 October 2011 (In any correspondence on this decision, mention the complete decision number.) (MS)