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Central Information Commission

P C Ramakrishnayya vs Ministry Of Defence on 5 April, 2022

Author: Vanaja N Sarna

Bench: Vanaja N Sarna

                            क य सच  ु ना आयोग
                    CENTRAL INFORMATION COMMISSION
                              बाबा गंगनाथ माग
                            Baba Gangnath Marg
                         मु नरका, नई द ल - 110067
                        Munirka, New Delhi-110067

                                               File no.: CIC/DODEF/A/2020/122979
In the matter of:
P C Ramakrishnayya
                                                                     ... Appellant
                                          VS
Central Public Information Officer
Ministry of Defence, D (Vigilance),
Room No- 136, Kashmir House,
Rajaji Marg, New Delhi- 110011

                                                                   ...Respondent

RTI application filed on : 06/02/2020 CPIO replied on : 15/04/2020, 17/07/2020 First appeal filed on : 08/06/2020 First Appellate Authority order : 30/06/2020 Second Appeal dated : 06/08/2020 Date of Hearing : 05/04/2022 Date of Decision : 05/04/2022 The following were present:

Appellant: Not present Respondent: Raj Kumar, US & CPIO, heard over phone Information Sought:
The appellant has sought the following information:
- Provide the provision of law/rule, under which the President of India, who is not the appointing /disciplinary authority of Shri P K Sardar, JE and Smt. Parvathi, JE, has issued the charge Memo under rule 14 of CCS (CCA) Rules, 1965 Grounds for Second Appeal The CPIO did not provide the desired information.
1
Submissions made by Appellant and Respondent during Hearing: The appellant when called for the audio hearing several times did not answer the phone. The case was therefore taken up on merits. In the second appeal, the appellant had stated that the desired information was not given to him.
The CPIO submitted that an appropriate reply was given to the appellant on 17.07.2020.

Observations:

From a perusal of the relevant case records, it is noted that in compliance with the FAA's order, the relevant information was given to the appellant on 17.07.2020. The Commission is unable to find any flaw in the reply given as the appellant was informed that the relevant rule is Rule 12(1) of CCS (CCA) Rules, 1965 which states that the President may impose any of the penalties specified in Rule 11 on any Government servant.

Decision:

In view of the above, no action lies.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू नाआय! ु त) Authenticated true copy (अ$भ&मा'णत स)या*पत& त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 2