Central Information Commission
Satpal Singh vs Controller General Of Defence Accounts ... on 14 February, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File Nos.: CIC/CGDAC/C/2023/103326 +
CIC/CGDAC/A/2023/114786
SATPAL SINGH ....निकायतकताग /Complainant
.....अपीलकर्ता/Appellant
VERSUS
बनाम
PIO,
Pay Accounts Office (ORs) EME,
Maruti Nagar Colony, Tirumalagiri,
Secunderabad, Telangana -500015.
PIO,
O/O THE CPIO CONTROLLER
GENERAL OF DEFENCE ACCOUNTS
PAY ACCOUNTS OFFICE (ORS) EME
SECUNDERABAD-500015. ....प्रनतवािीगण /Respondents
Date of Hearing : 08-02-2024
Date of Decision : 13-02-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The abovementioned Appeal and Complaint has been clubbed together for
decisions as these are based on identical issues of the same parties.
Relevant facts emerging from complaint/Appeal:
1
RTI application filed on : 31-10-2022 and 28-11-2022
CPIO replied on : 24-11-2022, 17-12-2022, 02-01-2023
First appeal filed on : 12-12-2022 and 11-01-2023
First Appellate Authority's order : 28-12-2022 and N.A.
2nd Appeal/Complaint dated : 12-01-2023 and 16-03-2023
CIC/CGDAC/C/2023/103326
Information sought:
The Complainant/Appellant filed an RTI application dated 31.10.2022 seeking the following information:
"1. Please refer to Min of Defence letter No 17(4)/2008(2)/D (Pen/ Policy) dated 12.11.2008 forwarded vide EME Records letter No 2815/SP (Rev)/MACP/Pen dated 04 Aug 2022 (Copy enclosed).
2. The following information is requested from PAO (OR) EME Secunderabad under RTI Act 2005: -
(a) Copy of "Reckonable Emoluments" entitled to me as per Min of Defence letter No 17(4)/2008(2)/D (Pen/ Policy) dated 12.11.2008."
The CPIO furnished a reply to the complainant/appellant on 24.11.2022 stating as under:
"With reference to the RTI application cited above, it is stated that the grievance as requested in your application does not cover section 2(f) of RTI Act 2005 which allows to provide information only. The forum of RTI is neither meant for redressal of grievances related to pay & allowances nor for adjustment of the same. An applicant can only seek information available in material form in terms of Section 2(f) of RTI Act 2005. Any discrepancy relating to adjustment of pay and allowances will come under redressal of personal grievances, and you may take up such issues through normal channels to resolve the same. However, your request has 2 been considered under normal grievance and the following information is furnished: -
It is intimated that after receipt of sheet roll from EME Records, basic pay and pension will be reviewed."
Being dissatisfied, the complainant/appellant filed a First Appeal dated 12.12.2022. The FAA vide its order dated 28.12.2022, held as under:
"It is intimated that reply to your RTI request dt. 31.10.22 pertains to requesting information regarding "Reckonable Emoluments" as per Min of Defence letter No. 17(4)/2008(2)/D(Pen/Policy) dt. 12.11.2008 (copy enclosed) has been furnished by PAO (ORs) EME. Secunderabad vide letter No. RTI Cell/NE-1/JC750690X/M0907 dt 24.11.2022 (copy enclosed) considering the request under normal grievance.
However, the following information is furnished with respect to your appeal.
It is seen from the sheet roll given by EME Records that you were discharged from the service on 28.02.2007 and the last Basic Pay was Rs. 14,750/-, which is correct w.r.t. GOI, MOD letter No. 17(4)/2008(2)/D(Pen/Policy) dt. 12.11.2008 (Para 3.1 & 3.3). (copy enclosed).
Para 3.4 & 4.2(b) of MOD letter dt 12.11.2008 is applicable to those "who have opted to continue to draw pay in the pre revised scale (5th CPC) of pay and have retired or will be retiring/discharged/invalidated out of service on or after 01.01.2006". It is informed that 6th CPC has been implemented w.e.f., 01.01.2006, hence para 3.4 & 4.2(b) are not applicable."
Feeling aggrieved and dissatisfied, complainant/appellant approached the Commission with the instant Complaint.
3
CIC/CGDAC/A/2023/114786 Information sought:
The Appellant/complainant filed an RTI application dated 28.11.2022 seeking the following information:
"1. Please refer to Para 7 of my application dated 26 Oct 2022 & application dated 12 April 2022 (Copy enclosed).
xxx
(a) Copy of "Speaking order" issued on my grievance application dated 12 April 2022."
The CPIO, EME Records, Secunderabad forwarded the RTI Application to the CPIO, Pay Accounts Office, (ORS) EME Secunderabad on 17.12.2022 for further necessary action in the matter.
The CPIO, Pay Accounts Office, (ORS) EME Secunderabad furnished a reply to the Appellant/complainant on 02.01.2023 stating as under:
"As per Section 2(f) of RTI Act 2005 an applicant can only seek information available in material form in terms. If any discrepancy relating to adjustment of pay and allowances will come under redressal of personal grievances, and you may take up such issues through normal channels to resolve the same. However, your request has been considered under normal grievance and the following information is furnished: -
The information sought vide your RTI application cited under reference has already been provided vide CDA, Secunderabad letter No. RTI/2064/2022-23/A/91 dt. 28/12/2022."
Being dissatisfied, the appellant/complainant filed a First Appeal dated 11.01.2023. The FAA's order is not on record. 4 Feeling aggrieved and dissatisfied, appellant/complainant approached the Commission with the instant Second Appeal. Relevant Facts emerged during Hearing:
The following were present:-
Complainant/Appellant: Present in person.
Respondent: Sh. P. Vijayanand, Sr. Account Officer/ CPIO present through video-conference.
Written submission of the Respondent in case File No. CIC/CGDAC/A/2023/114786 is taken on record.
Appellant stated that he is aggrieved by the fact that correct PPO No. depicting the proper revision of his salary and revised pension in compliance with Min of Defence letter No. 17(4)/2008(2)/D(Pen/Policy) dt. 12.11.2008 has not been furnished by the Respondent. He contended that his salary was revised in 2010 while his pension was not revised parallel to it.
Respondent invited attention of the Commission towards the contents of his written submission wherein he inter alia submitted as under -
"....3. In the 1 appeal dated 15.03.2023, the above named applicant is not satisfied with the information provided by the CPIO and asked for the details of his Last Emolument drawn as per Min of Defence Govt of India Letter no. 17(4)/2008(2)/D (Pen/Policy) dated 12.11.2008. However this office has already furnished last pay drawn in response to the first appeal vide Letter No. RTI/2064/2022-23/A/120 dated 24.04.2023(Copy enclosed).
4. In the second appeal dated 12.01.2023 the applicant is asking for a copy of reckonable emoluments as per Min of Defence, Govt of India Letter 12/11/2008. As per MoD letter cited above reckonable emoluments for Personnel below Officer Rank are as follows. Therefore, reckonable pay in r/o the above PBOR is as follows:5
Pay in Pay Band= Rs.14,750/-; Grade Pay Rs.4,600/-: MS Pay Rs.2000/-; Class Pay-NA
5. Accordingly, a copy of the last pay certificate (LPC cum Data Sheet) dated 21/06/2009 is enclosed herewith for perusal..."
Respondent explained that information as received from EME records and LPC has been provided to the Appellant. No additional information is left at their end.
Decision:
In case File No. CIC/CGDAC/C/2023/103326 -
The Commission, after adverting to the facts and circumstances of the case, hearing submissions of both the parties and perusal of records observes that the instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker. Since the Respondent has provided adequate reply to the Complainant/Appellant within the stipulated timeframe, no mala- fide can be attributed against the Respondent. Hence, the Commission finds no scope of intervention in the instant matter.
In case File No. CIC/CGDAC/A/2023/114786 -
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent has provided information to the Appellant/Complainant on the basis of available records, but the Appellant/Complainant is still not satisfied with the same. Since the subject-matter of the instant RTI Application pertains to pension of the Appellant, therefore, the Commission by taking liberal view in the matter directs the Respondent to invoke Section 5(4) of the RTI Act so as to obtain information from the actual custodian regarding Appellant's pay fixation revision as requested by the Appellant and to provide the same within four weeks from the date of receipt of this order. A copy of the updated reply be 6 uploaded through the link given in the hearing notice of the Commission. First Appellant Authority to ensure compliance of this direction.
For redressal of his grievance, the Appellant/Complainant is advised to approach an appropriate forum.
The Complaint and Second Appeal are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 13-02-2024 Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (R K Rao) Dy. Registrar 011- 011- 26181827 Date 7