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Central Information Commission

Suresh Kumar vs Gnctd on 13 September, 2017

                    CENTRAL INFORMATION COMMISSION
                   August Kranti Bhawan, Bhikaji Cama Place,
                              New Delhi-110066

                                           F. No. CIC/CBSE/A/2016/299609
                                         F. No. CIC/EDMCS/A/2016/300943

Date of Hearing                      :   11.09.2017
Date of Decision                     :   11.09.2017

Appellant/Complainant                :   Mr. Suresh Kumar
Respondent                           :   PIO
                                         Directorate of Education
                                         GNCTD, Through: Sh. Bhupinder
                                         Singh, Sh. C B S Nair

Information Commissioner             :   Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on             :   21.04.2016   &   21.04.2016
PIO replied on                       :   09.05.2016   &   05.05.2016
First Appeal filed on                :   23.05.2016   &   23.05.2016
First Appellate Order on             :   04.07.2016   &   12.07.2016
2nd Appeal/complaint received on     :   19.08.2016   &   16.08.2016

Information sought

and background of the case:

CIC/CBSE/A/2016/299609 Vide RTI application dated 21.04.2016, the appellant sought information regarding fixation of pay of Assistant Teacher(primary). The CPIO replied as under:-

1. Assistant Teacher (primary) was paid according to PB-2 (9300 - 34800+4200 (GP).

2. This question is not related to E-IV branch.

Dissatisfied with response received from CPIO on point nos 2 to 8, the appellant filed first appeal. The FAA directed the controller of accounts HQ/DCA to provide information on point nos. 2 to 8 to appellant within 07 days. Feeling aggrieved, the appellant approached the Commission.

Relevant facts emerging during hearing:

Both parties are present for hearing and the appellant is aggrieved because of non response. Respondent states that queries are more in the nature of clarification and hence they had not responded.

Decision:

After hearing submissions and perusal of record, the Commission notes that simple queries raised by the appellant which could have been easily addressed by the Respondent PIO have been needlessly escalated to reach the Commission. Despite the order of the FAA on 04.07.2016, the Accounts Officer from Pension and Pay Fixation Branch vide response dated

02.08.2016 denied information on the ground that the queries are clarificatory and administrative in nature. The questions which could have been answered with even a simple yes or no, have been summarily and wrongly been denied, thereby giving rise to the present appeal. This is a shame and reflects the conduct of the public officials in a poor light. The PIO, Pension and Pay Fixation Branch, Dte. Of Education, GNCTD is directed to provide a Revised Reply responding against each of the questions from 2 to 8, within a week of receipt of this order. A copy of the response provided to the appellant should be positively submitted before the Commission within a week thereafter and not later than 03.10.2017, marking compliance of this order.

The Registry of this Bench is directed to issue Show Cause Notice upon C.B.S. Nair, Accounts Officer, Pension and Pay Fixation Branch, Dte. Of Education for causing deliberate obstruction in the dissemination of information. Reply to the Show Cause should reach the Commission atleast a week before the hearing.

CIC/EDMCS/A/2016/300943 Vide RTI application dated 21.04.2016, the appellant sought following information.

1. According to the Para 7(1)(a) (i) & (ii) of CCS (revised pay) rule 2008, fix the revised basic pay as on 01.01.2006 in the mentioned table in RTI application.

       Basic Pay      Pay in the      Grade Pay          Revised    Basic
                      pay band                           pay
       4500
       4625
       4750

       4875

       5000

       5125

2. Provide a calculation and fitment table for the fixation of the above table.

3. Is the primary school teacher, appointment on 02.11.2001, entitle for the benefit of bunching in the sixth central pay commission, if yes provide a copy of order or rule regarding this.

The CPIO replied on 05.05.2016 as under.

1 to 3- According to 6th Pay Commission.

Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA vide letter dated 12.07.2016 directed Accounts Deptt. Shahdara North Zone to furnish the appropriate reply to the appellant. Feeling aggrieved, the appellant approached the Commission.

Relevant facts emerging during hearing:

Both parties are present during the hearing. The appellant stated that he received the information belatedly in March 2017, to which the Respondent offered explanation that the concerned staff dealing with the specific file of the appellant had been unavailable in office for sometime on account of bereavement in family, hence the delay occurred.

Decision In view of the submissions of the parties present for hearing, the Commission feels no further action is necessary in this case.

The appeals are accordingly disposed of.

(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.

(R.P.Grover) Designated Officer Page 3 of 4 Copy to:-