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Central Information Commission

Mr.Neelabh Krishna vs Department Of Expenditure on 31 August, 2012

                        Central Information Commission
             Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                     Bhikaji Cama Place, New Delhi­110066
                    Web: www.cic.gov.in Tel No: 26167931

                                                  Case No. CIC/SS/A/2012/000774
                                                               Dated: 31.08.2012

Name of Appellant                   :      Shri Neelabh Krishna

Name of Respondent                  :     Ministry of Finance,
                                    Department of Expenditure

Date of Hearing                     :      14.08.2012

                                        ORDER

Shri Neelabh Krishna, hereinafter called the appellant, has filed the present appeal dated 6.1.2012 before the Commission against the respondent Ministry of Finance, Department of Expenditure, New Delhi for not providing information in reply to his RTI-application dated 23.9.2011. The matter came up for hearing on 14.8.2012. The appellant was present whereas the respondent were represented by Shri U.S. Thakur, Under Secretary Ms. Sunita Bansal, Under Secretary and Shri V.K. Singh Director.

2. The appellant through his RTI application dated 23.9.2011 requested for a photocopy of the original petition or advice or file noting on para 7.56.13 of the 6 th CPC report based on which GOI accepted the revised pay structure for Divisional Accountant's Cadre of IA&AD as mentioned in Section 11, Part C of CCS (Revised Pay) Rules, 2008 under caption IA&AD. The CPIO vide letter No.61(163)/E.III(B)/11-RTI dated 21.10.2011 informed the appellant that the original opinion or advice or file noting on para 7.56.13 is not available in this Branch. However, a proposal from O/O Comptroller & Auditor General of India 2 Case No. CIC/SS/A/2012/000774 (C&AG) relating to cadre structure of the Divisional Accountants IA&AD was examined in the Department. A copy of the noting portion of the file, was provided to the appellant.

3. Aggrieved with the reply of the CPIO the appellant filed first appeal on 19.11.2011 before the FAA. The FAA vide order No. 44/65/2011 dated 27.12.2011 informed the appellant that information available in the Branch has already been furnished by the CPIO vide letter dated 21.10.2011. No further information was available in the Department.

4. During the hearing the respondent submit that Para 'A' CCS (RP) Rules Notification dated 29.8.2008 clearly states at S. No. 13, the revised pay structure and the corresponding pay band and Grade Pay for the pre-revised pay scale of Rs. 5500-9000. The respondent therefore, submit that complete requisite information as per record has been provided to the appellant. Additionally, the respondent have also provided the appellant with a copy of notings wherein such clarification has been given to the Office of the C&AG.

5. Having considered the submissions of the parties and perused the relevant documents on file, the Commission is of the view that while information as per record available in the Branch has been provided to the appellant, it is not clear from the replies of the CPIO and the FAA, whether the information sought is available or not available with the respondent Public Authority. The information seeker is seeking information from the Public Authority and the CPIO and FAA are to provide information to the appellant with the information held by or under the control of the Public Authority. In doing so, they may seek information from the holder of the information or transfer the RTI application to the concerned CPIO to furnish a reply to the appellant. The matter is, therefore, remitted back to the FAA to provide information as is held by the Public Authority and not as is available in a particular branch. The FAA will comply with the directions of the Commission within three weeks of receipt of this order.

The matter is disposed of with the above directions.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri Neelabh Krishna, 86/6, Near Jain Nursing Home, Civil Lines, Jhansi-284001.

The Under Secretary (E-III-B) & CPIO, Ministry of Finance, Department of Expenditure, North Block, New Delhi-110001.

The First Appellate Authority, Ministry of Finance, Department of Expenditure, North Block, New Delhi-110001.