Central Information Commission
Matadeen Kushwaha vs Military Engineer Services on 20 March, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MESER/A/2023/653650
Matadeen Kushwaha .....अपीलकता/Appellant
VERSUS
बनाम
CPIO
Garrison Engineer
Military Engineer Services
Jhansi-284001 .... ितवादीगण /Respondent
Date of Hearing : 11.03.2025
Date of Decision : 19.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 29.08.2023
CPIO replied on : 21.09.2023
First appeal filed on : 26.09.2023
First Appellate Authority's order : 11.11.2023
2nd Appeal/Complaint dated : 06.12.2023
Information sought:
The Appellant filed an RTI application dated 29.08.2023 (online) seeking the following information:
"1) Provide me the Government Order GO or a copy of the office memorandum or a Govt. notice of Retention of Staff Quarters/Married Accommodation Type III Quarter by Central Government Civilian GROUP C INDUSTRIAL STAFF (NON-BASIC) Employees after Retirement (Date of Retirement: 31-01-2020) in Military Engineering Services, Department of Defence?Page 1 of 5
2) What are the guidelines for Retention of Staff Quarters/Married Accommodation Type III Quarter by Central Government Civilian GROUP C INDUSTRIAL STAFF (NON-BASIC) Employees after Retirement (Date of Retirement: 31-01-2020) in Military Engineering Services, Department of Defence?
3) If an employee had retired during the coronavirus lockdown period i.e. (Date of Retirement: 31-01-2020) and has been staying in Staff Quarters/Married Accommodation Type III Quarter of Central government accommodation Civilian GROUP C INDUSTRIAL STAFF (NON- BASIC) Employees after retirement up to 13 months (i.e. up to the date 22-02-2021), then how much amount should be deducted for his house rent license fee, electricity fee and water supply fee. Is Normal rent amount will be charged or damage rent?
4) What is the Retention Period after Retirement in Staff Quarters/Married Accommodation Type III Quarter by Central Government Civilian GROUP C INDUSTRIAL STAFF (NON-BASIC) Employees in Military Engineering Services, Department of Defence on payment of normal license fee. If there is a concession in the retention of Residential Accommodation during the year of the coronavirus pandemic or the coronavirus lockdown period, then provide me a copy of that govt order."
The CPIO furnished a reply to the Appellant on 28.07.2023 stating as under:
PARA (i): The copy of Ministry of Defence, Govt of India letter No 1(2)/2018-D(Q&C) dt 12 Jul 2022 regarding permissible period of retention of Govt Married Accommodation to Defence Civilian Paid from the Defence Services Estimates on retirement/ Terminal is attached herewith.
(b) PARA (ii): Same as per Para (i), however it is necessary for an occupant to apply before the retirement which is generally granted by competent authority as per above policy. As per our record, you have not applied for retention of Govt Married Accn.
(c) PARA (iii): Since you have failed to vacate Govt Married Accommodation after retirement, you are charged damage rent of rent as per ruled in vogue, however electric /water charges is charged on normal basis.Page 2 of 5
(d) PARA (iv): Kindly refer Para (i). No details are held with regard to concession of Govt Married Accommodation during Corona Virus lock down period."
Being dissatisfied, the appellant filed a First Appeal dated 26.09.2023. The FAA vide its order dated 11.11.2023, held as under.
"A copy of GE Jhansi letter is attached for your info and necessary action pl."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference. Respondent: Shri Sunny Attri, CPIO, appeared through video conference.
The appellant inter alia submitted that he was not satisfied with the reply given by the respondent authorities. He stated that he retired on 31.01.2020 and continued to stay in the government quarters during the COVID-19 lockdown period. Due to personal circumstances, he applied for an extension of accommodation, but his request was not entertained. He also contended that the damage rent levied on him was excessive and that there should have been a waiver or concession in light of the Covid pandemic.
The respondent while defending their case inter alia submitted that point-wise reply has already been replied to the appellant vide letter dated 28.07.2023 and reiterated the same during the hearing. The respondent stated that the Appellant did not apply for retention of accommodation before retirement, which is a mandatory requirement. They added that as per the policy, any unauthorized stay beyond the permissible retention period attracts damage rent, which was correctly charged in this case. The Ministry of Defence did not issue any specific concessions for retention of government accommodation during the COVID-19 lockdown period, and hence, no relief could be granted to the appellant.Page 3 of 5
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that point-wise reply was given to the appellant vide letter dated 28.07.2023.
Perusal of the records reveal that the Respondent has followed the prescribed Rules in dealing with the matter. The Appellant's failure to apply for retention before retirement resulted in the imposition of damage rent, which is in accordance with extant policy.
Regarding the Appellant's claim for concessions during the COVID-19 lockdown period, the Commission notes that no official order or notification granting such relief was presented by either party. The onus of proving the existence of such a government order lies on the Appellant, which he failed to do. Moreover, the appellant has a grievance which should be raised before an appropriate forum. The Central Information Commission is not a grievance redressal forum.
In view of the above and the reply having been furnished to the appellant, the Commission finds no reason to intervene in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 4 of 5 Copy To:
FAA Garrison Engineer Military Engineer Services Jhansi-284001 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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