Central Information Commission
Mantu Kumar vs Indian Army on 20 March, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No: CIC/IARMY/A/2022/160085
Mantu Kumar .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
O/O THE CPIO INDIAN
ARMY, ARMY POSTAL SERVICE
RECORDS, PIN-900746, C/O 56
APO ....प्रनर्वािीगण /Respondent
Date of Hearing : 05-03-2024
Date of Decision : 18-03-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 17-06-2022
CPIO replied on : 29-06-2022
First appeal filed on : 20-07-2022
First Appellate Authority's order : 22-08-2022
2nd Appeal/Complaint dated : 11-10-2022
Information sought:
The Appellant filed an RTI application dated 17.06.2022 seeking the following information:
"1. Please refer the following communication made with your office: -
(a) Form of option dated 26 Jun 2019 submitted to APS Records through HQ 16 Corps (APS Br).Page 1 of 4
(b)HQ 16 Corps (APS Br) letter No 5208/1/APS-1 dated 26 Aug 2020.
(c) HQ 16 Corps (APS Br) letter No 5208/1/APS-1 dated 01 Oct 2020.
(d) HQ 475 Engr Bde letter No 971/Pers Corr/ FPO dated 15 Jul 2021.
(e) APS Records letter No 2376/ ERC dated 03 Aug 2021.
(f)HQ 475 Engr Bde letter No 971/PF-8431684N/01/FPO dated 12 Oct 2021.
(g) HQ 475 Engr Bde letter No PF/8431684N/02/FPO dated 15 Dec 2021.
(h) APS Records letter No 2376/ERC dated 31 Mar 2022.
2. Gist of the case is as under: -
(a) MACP was granted to me duly notified vide APS Records Corps Part II Order No 1/0057/031/2019 dated 30 Apr 2019. Form of option dated 26 Jun 2019 for fixation of pay w.e.f. date of next increment was forwarded to APS Records through HQ 16 Corps (APS Branch).
(b) Causality of MACP was also published vide HQ 16 Corps (APS Br) Part II Order No 0/0003/2020 dated 03 May 2020.
(c) Application for anomaly in fixation was forwarded to APS Records on 25 Aug 2020 followed by a request to intimate the present position of the case on 01 Oct 2020 but no reply was received.
(d) Application dated 10 Jul 2021 regarding anomaly in fixation of pay was forwarded to APS Records vide HQ 475 Engr Bde letter mention at ser 1 (d) above and the same was forwarded by APS Records to APS Accounts Section O/O DA (P) Nagpur for their further action.
(e) HQ 475 Engr Bde also addressed APS Accounts Section vide their office letter mention at ser 1 (f) & 1 (g) above with a copy to APS records.
(f) Subsequently, the reply of APS Accounts Section was received through APS Records vide their letter mention at Ser 1 (h) on 07 Apr 2022 that the publication of causality OPTFIX is wanting.
(g) Causality OPTFIX was published vide HQ 475 Engr Bde part !! order No 0/0002.0002/2022 dated 11 Feb 2022. The same was rejected by APS Record due to incorrect ref PTO No mentioned as 0/0031/0057/2019 instead of 0/0057/0031/2019.
(h) Subsequently the same casualty was cancelled and republished vide HQ 475 Engr Bde PTO No 0/0004/2021 which was again rejected furnishing the reason of time barred causality.
3. Apropos above, it requested to provide the following information under RTI Act 2005: -
(a) Reason for non-settlement of case of fixation of pay since May 2019.
(b) Directions for publication of Part II causality OPTFIX was received on 07 Apr 2022. Why the same was not intimated to unit/ Indl when the Indi was promoted in 2019 and causality of MACP was published by the unit instead of OPTFIX due to clerical mistake.Page 2 of 4
(c) Further directions may please be intimated to settle the case and avoid my financial loss as I was not responsible for any delay."
The CPIO furnished a point-wise reply to the Appellant on 29.06.2022 stating as under:
"(a) Para 3(a). OPTFIX part II should be published at Unit level.
(b) Para 3(b). All the policy letters on the subject have been forwarded through various channels for disseminating. Info also updated through HAMRAAZ app and Record Office website.
(c) Para 3(c). Policy letter is not available with this est to settle the time barred publication of OPTFIX."
Being dissatisfied, the appellant filed a First Appeal dated 20.07.2022. The FAA vide its order dated 22.08.2022, held as under:-
"..., after having perused all the records, the appeal is disposed of as follows:-
(a) Reply given by PIO, APS RO on Para-3 (a) to (b) of your RTI application dated 17 Jun 22 vide their letter No 2386/RTI/ERC dated 29 Jun 2022 is correct and under the Rules.
(b) In connection with your RTI application dated 17 Jun 22 and appeal dated 20 Jul 22, additional information mentioned in appeal dated 20 Jul 22 is submitted as under:-
Para-3 (a) HQ 16 Corps (APS Br) MACP Part II Order No 0/0003/0005/2020 was rejected by APS RO vide their letter No 2501/PTO Obsn/HQ 16 Corps/ER-R dt 09 Nov 2020 (copy encl).
Para-3 (b) All the policy letters on the subject have been fwd through various channel for disseminating up to FPO level (copy of APS RO letter No 2350/ERC-I/R-62 dt 12 Nov 2020 and 2376/ERC/RLG dt 26 Jun 2021 is encl herewith).
Para-3 (c) Policy letter is not available with APS RO to settle the time barred publication of OPTFIX.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Page 3 of 4 Respondent: Absent Decision:
The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observed that due reply has already been furnished to the appellant vide letters dated 29.06.2022 and 22.06.2022. It is pertinent to mention that the parties were not present to press their case before the Commission despite service of hearing notice. Since, the reply given by the respondent is appropriate, interference from the Commission is not warranted in this matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 18-03-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date .Page 4 of 4