Anil Kumar Dhyani vs Department Of Expenditure on 22 December, 2021

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Central Information Commission

Anil Kumar Dhyani vs Department Of Expenditure on 22 December, 2021

1. The issues under consideration arising out of the second appeal dated 28.06.2019 include non-receipt of the following information sought by the appellant through the RTI application dated 07.01.2019and first appeal dated 24.02.2019:-

a) Certified copy of the GOI Order/Rule etc. by which an under suspension Central Government employee (against whom departmental inquiry proceeding is pending) is entitled to get the benefits of 7th Pay Commission w.e.f. 01.01.2016 onwards.

b) That keeping in view the pending departmental inquiry proceedings against any under suspension CG employee whether even till today any competent authority can deny to provide benefits of 7th Pay Commission to such employee? The certified copy of the necessary GOI order required in this regard.

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c) During the pendency of departmental inquiry proceedings against any under suspension CG employee whether he is entitled or not to get the minimum pay scale as per his entitlement mentioned in the 7th Pay Commission, if yes, then certified copy of the GOI order is desired.

d) That in compliance to Rule 288 (1 & 2) of GFR 2017 whether any under suspension CG employee is entitled or not to get duplicate certified photocopy of his entire service book from his employer? The certified copy of the GOI order is required.

e) Whether it is optional or mandatory for the competent authority cum employer to provide duplicate certified photocopy of the entire service book to any employee who demands for it? The certified copy of the GOI order is required.

f) In case any competent authority cum employer deliberately failed to make compliance of Rule 288 (1&2) of GFR 2O17 then name of the concerned authority with address is desired where a complaint in this regard can be filed against employer.

2. Succinctly facts of the case are that the appellant filed an application dated 07.01.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Dept. Of Expenditure, New Delhi, seeking aforesaid information. The CPIO vide letter dated 22.02.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 24.02.2019. The First Appellate Authority (FAA) vide order dated 14.06.2019 disposed of the first appeal. Aggrieved bythe same, the appellant filed a second appeal dated 28.06.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 28.06.2019inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

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4. The CPIO, Dept., of Expenditure, transferred the RTI application to the CPIO, DoP&T (Department of Personnel & Training), New Delhi. The DoP&T, (E.III A Branch) vide letter dated 13.02.2019 replied against point nos. (a) to (c) of the RTI application and the same is reproduced as under:-

"Itis informed that the provisions of fixation of pay of a government servant under suspensionis provided in the CCS(RP)Rules, 2016thatareavailableinpublicdomainandmaybeseenonthe website of this Department (https://due.gov.in/seventh-cpc-pay-commission). For Points (d) to (f),itisinformedthatno such informationisavailablewiththeCPIO(E.III.A)and accordingly,a copy of your RTI application is being forwarded to the CPIO concerned in Department of Personnel &Training to provide the information, if any, directly to you."

The CPIO, DOP&T (Establishment A-III Desk) vide letter dated 26.02.2019replied to point nos. (d) to (f) of the RTI application and the same is reproduced as under:-

"As regard your queries at point no. (d) to (f), there is no specific material information available under the jurisdiction of this CPIO with respect to your specific queries. However, it is informed that the undersigned CPIO is concerned with CSS(Conduct) Rules, 1964 and CSS(CCA) Rules 1965, which are available in public domain as per the proactive disclosure of the RTI Act, 2005 at http://dopt.gov.in.download/acrs. These Rules are self explanatory. The amendments and clarifications / guidelines in these rules are also available in public domain at http://dopt.gov.in/notifications/gazette-notifications and http://dopt.gov.in/notifications/oms-and-orders respectively."

The FAA vide order dated 14.06.2019 agreed with the view of CPIO.

5. The appellant and on behalf of the respondent Shri Pravesh Kumar, Under Secretary & CPIO, Department of Expenditure, New Delhi (Respondent No. 1) and Shri Satish Kumar, Under Secretary & CPIO (Law Officer), Shri Shukdeo Sah, Under Secretary & CPIO and Shri Sunil Kumar, Under Secretary & CPIO, DOPT, New Delhi (Respondent No.

2)attended the hearing in person.

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5.1. The appellant inter alia submitted that reply given by the respondent was incomplete and not satisfactory.

5.2. The respondent No. 1 (Dept., of Expenditure) transferred the RTI application to the CPIO, DoP&T (Department of Personnel & Training), New Delhi. Subsequently, the respondent No. 2 (DoP&T, E.IIIA) vide letter dated 13.02.2019 while responding to the query Nos. (a) to (c) submitted that the provisions fixation of pay of a government servant under suspension was provided in the CCS(RP) Rules, 2016 that were available in public domain and might be seen on the website of this Department (https://due.gov.in/seventh- cpc-pay-commission). Further, against point nos. (d) to (f) of the RTI application, the respondent no. 2, stated that no specific information was sought on these points. However, they informed that the CSS(Conduct) Rules, 1964 and CSS(CCA) Rules 1965, which were available in public domain as per the proactive disclosure of the RTI Act, 2005 at http://dopt.gov.in.download/acrs. The amendments and clarifications / guidelines in these rules were also available in public domain at http://dopt.gov.in/notifications/gazette- notifications and http://dopt.gov.in/notifications/ oms-and-orders respectively.

6. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observed that due reply was given by the respondent vide their letters dated 13.02.2019 and 26.02.2019. Perusal of the RTI application reveals that most of the queries were in the form clarification which may not fall squarely within the definition of "information" as defined under section 2 (f) of the RTI Act. Further, the information available with the respondent had been provided including the weblink. In view of the above, there appears to be no public interest in further prolonging the matter. Accordingly, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 20.12.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 4 of 5 Addresses of the parties:

CPIO : 1. DEPTT. OF EXPENDITURE E.III(A) BRANCH, NORTH BLOCK, NEW DELHI

2. THE CENTRAL PUBLIC INFORMATION OFFICER R.T.I CELL, DEPTT. OF PERSONNEL & TRAINING, NORTH BLOCK, NEW DELHI THE FIRST APPELLATE AUTHORITY, DEPARTMENT OF EXPENDITURE, E.III(A) BRANCH, NORTH BLOCK, NEW DELHI SH. ANIL KUMAR DHYANI Page 5 of 5

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