E.III.A Branch reply to RTI and First Appeal

F. No. 7/1/2013-E.III –A/(65)

Government of India

Ministry of Finance

Department of Expenditure

North Block, New Delhi,

Dated 6^th February, 2013

            To

                        Sh. S. Y. Savur,

                        141, Jal Vayu Towers,

                        Benigananhalli,

                        Indira Nagar (PO),

                        Bangalore – 560038

            Sub: Application seeking information under RTI Act, 2005 – regarding

            Sir,

Please refer to your RTI application dated 22.12.2012 received in this Branch on 1.2.2013 on the above mentioned subject.

2.                  In this connection it is stated that the Ministry of Defence being the nodal Ministry had already provided the information to you vide their letter No. 35 (1) – 2013- D (Pay/Services) dated 9.1.2013. This branch has no further information to provide w.r.t. the RTI application dated 22.12.2012.

3.                  The Appellate Authority is Sh Amar Nath Singh, Deputy Secretary, Room No. 74-C , North Block, New Delhi. Appeal, if any may be preferred within 30 days of the receipt of this letter.

Yours faithfully,

Sd/-

(Manab Ray)

Under-Secretary & CPIO

Copy to: - DS (RTI), Deptt of Exp w.r.t. UO No. 12 (18)/2013/RTI dated 14.1.2013     

REGISTERED POST – ACK DUE

RIGHT TO INFORMATION ACT, 2005

FIRST APPEAL FOR CENTRAL GOVERNMENT


I.D. No_________ Date: _________ [For office use]

To,

Shri Amar Nath Singh, Deputy Secretary & The First Appellate Authority,

Branch E.III-A, Dept of Expenditure,

Ministry of Finance, Govt of India,

Room No. 74-C, North Block,

New Delhi - 110011

Sir,

As I am aggrieved by decision of Under Secretary & Central Public Information Officer, Branch E.III-A, Department of Expenditure, Ministry of Finance, North Block,  New Delhi – 110 011 dated 6^th February 2013 and received by me via speed post on 8^th February 2013. I hereby file this appeal for your kind decision.

1. Details of appellant

1.1 Full Name: Sharad Yeshwant Savur

1.2. Full Address: 141, Jal Vayu Towers, Beniganahalli,

Indira Nagar (PO), Bangalore-560038

1.3 Phone/Cell No: +91 9449676278

1.4 Email ID: sysavur@gmail.com

2. Details of CPIO: -

2.1 Name/Designation:  Shri Manab Ray, Under Secretary & CPIO

2.2 Full Address: Branch E.III.A, Department of Expenditure,

Ministry of Finance, Govt of India, North Block, New Delhi - 110011

2.3 Name of Public Authority: Ministry of Finance

3. Details of RTI application to CPIO: -

Date of Application: 22.12.2012

Mailed on: 22.12.2012

By registered post No. A RKO 79301870 IN

Date of receipt by CPIO: through US & CPIO (Pay/Services), Min of Defence and DS (RTI) Dept of Exp on 1.2. 2013.

4. Particulars of payment of filing fee: -

Paid Rs.10/- by IPO No. 04F 793451 Dated 28.12.2012 of INDIRA NAGAR Post office

5. Details of information sought: -

5.1. Please provide me with copies of notings by any and all officers/persons including and not confined to those of MoD, CGDA, PCDA (O), CDA (N), CDA (AF), Def/Fin, Min of Finance that led to filing of Interlocutory Application (IA) Number 9 of 2010 requesting the Hon’ble Supreme Court to recall, re-hear, change/modify, make variations in its order dated 8.3.2010.

5.2. Please provide me with copies of notings, briefs, and designations of any and all officers of MoD, CGDA, Def/Fin, Min of Finance who prepared, checked, vetted, and approved the contents of the original affidavit as well as of the additional affidavit in IA No. 9 of 2010.

5.3. Please confirm whether the deponent of the additional affidavit, namely Shri Paramjit Singh Walia, Under-Secretary in the MoD was consulted and informed of the seriousness of his solemn declaration in the Hon’ble Supreme Court? If so what were the notings and what was Shri Paramjit Singh Walia’s response?

5.4. Please confirm is the deponent was apprised that UoI/MoD subsequently may modify, restrict, change, negate implementation of the averments, especially of Paragraph 30, in case the Hon’ble Supreme Court upheld its order of 8^th March 2010?      

5.5. Please confirm whether the deponent (Shri Paramjit Singh Walia), being aware of the above, still solemnly affirmed his competence and knowledge when signing the additional affidavit?

5.6. Please provide me with copies of notings and responses of all officials during the hearing wise progress of the case that finally led to the Learned Solicitor General making a statement as stated in Paragraph 4 of the Orders of the Hon’ble Supreme Court on 4.9.2012. (Please see Para 8 above).

5.7. Please provide me with notings, briefs, basis, with names of the officials, their designations who assured the Learned Solicitor General that the order of the Hon’ble Supreme Court of 4^th September 2012 would be implemented within 12 weeks thereby assuring him to make the statement as reflected in Paragraph 4 of the said order.

5.8. Please provide me with copies of file notings leading to decision(s) and who was responsible and accountable for the inability of the UoI/MoD to fulfil assurance made to the Hon’ble Supreme Court on behalf of the UoI/MoD by the Learned Solicitor-General in his statement so recorded by the Hon’ble Supreme Court on 4.9.2012. (Please refer to Para 8 above.)

5.9. GoI/MoD letter reference number 34(6)/2012-D (Pay/Services) states that

“instructions regarding modalities and methodology of payment to the affected officers of the armed forces and provisioning funds for the same are being issued separately in consultation with Service Hqrs (sic), CGDA, Defence (Finance) and Ministry of Defence.”

5.10. What is the delay/reason preventing UoI/MoD from implementing the clear and succinct orders of the Hon’ble Supreme Court by not disbursing arrears within the promised 12 weeks?

5.11. GoI/MoD letter reference number 34(6)/2012-D (Pay/Services) dated 26^th November 2012 further goes on to state “2. TRIPAS is requested to prepare a DGL regarding modalities and methodology of payment to the affected officers of the armed forces and submit it to the Ministry of Defence immediately.”

Please let me know what action(s), meetings taken, and notes thereof between 4^th September 2012 and 26^th November 2012 to ensure that the compliance was not completed when the 12 weeks elapsed. 

5.12.  Please provide me with copies of notings and comments of any and all officials including and not confined to MoD, CGDA, PCDA (O), CDA (N), CDA (AF), Def/Fin, Min of Finance from 4^th September 2012 to 26^th November 2012, 

5.13. Please refer to GoI/MoD letter No. 34 (6)/2012-D (Pay Services) dated 26^th November 2012, particularly the following statement: -

           

“In compliance of the Supreme Court order dated 4.9.2012 on the above subject, I am directed to convey that the Government of India has decided to refix the pay without deduction of rank pay w.e.f. 1.1.1986 in respect of officers of the armed forces in conformity with the orders of the Kerala High Court dated 5.10.1998 in the case of Maj A K Dhanapalan versus Union of India & others.”

Was the Director (AG.1) who signed the above informed and if so, by whom that there are the following dissimilarities: -

(i)                 Neither does the Hon’ble Supreme Court’s order of 8.3.2010 nor its order of 4.9.2012 state that payment of arrears is to be in conformity with the Kerala High Court’s judgment.

(ii)               The Orders of the Kerala High Court did not grant any interest but the Orders of the Hon’ble Supreme Court dated 4^th September 2012 has granted interest @ 6% from 1.1.2006.

5.14. Were all the officers who processed the GoI/MoD letter of 26^th November 2012 aware that the Hon’ble Supreme Court’s judgment of 4.9.2012 only changes the date for commencement of payment of interest because the Hon’ble High Court of Kerala did not impose interest on the arrears in UoI vs Major Dhanapalan. That therefore the Hon’ble Supreme Court has amended its order of 8.3.210 only about the date of payment of interest from 1.1.1986 to 1.1.2006 and nowhere referred to 4^th , 5^th or 6^th Pay Commission.         

6. Particulars of Decision of CPIO: -

Letter reference No: F. No. 7/1/2013 – E.III – A/ (65)

Date of CPIO’s Decision: 6^th February 2013

Date of receipt of decision by the appellant: 8^th February 2013

7. Brief facts of the case: -

7.1. On behalf of the Union Of India, the then learned Solicitor General of India stated in the Hon’ble Supreme Court that payment of arrears of Rank pay with retrospective effect from 1.1.1986, would be paid within 12 weeks of the date of the order dated 4.9.2012.

7.2. The 12 week time-frame ended on 26.11.2012.

7.3. Till the date of the RTI application i.e. 22.12.2012, no Govt order was issued for the compliance of the order of the Hon’ble Supreme Court dated 4.9.2012.

This applicant requested information to know the process followed by the MoD, MoF, Def/Fin CGDA, etc that delayed the process. 

8. Reasons/grounds for this appeal: -

Under Secretary and CPIO of E.III- A branch of the Department of Expenditure, Ministry of Finance, Govt of India vide impugned letter dated 6^th February 2013 (copy attached and marked ‘B’) states in para 2: -

2. In this connection it is stated that the Ministry of defence being the nodal Ministry had already provided the information to you vide their letter No. 35 (1) – 2013 – D (Pay/Services) dated 9.1.2013. This branch has no further information to provide w.r.t. the RTI application dated 22.12.2012. 

The above statement of the US & CPIO, E.III.A branch is incorrect and not in consonance with facts.

Ministry of Defence letter No. 35 (1) – 2013- D (Pay/Services) (copy attached and marked ‘C’) in fact states in para 3 on page 1 

3. As far as M/O defence is concerned in this matter (Rank Pay issue(, it is stated that the information sought by you vide application dt. 22.12.2012 is quite extensive and spread over a number of files   

And sends, vide page 2, containing other addressees, a copy of the RTI application to CGDA, Def. (Fin/AG/PA) and Ministry of Finance (E.III.B) with a statement “Although the RTI application has been treated as a normal case presently, it is requested that CGDA remain ready with the requisite information with –do- for Def (Fin/AG/PA) and Branch E.III. B through DS (RTI) Min of Fin who has sent the same on 14.01.2013 vide No. 12 (18)/ 2013 RTI (copy attached and marked ‘D’) to US (E-III-B) & CPIO.

In turn, US & CPIO E.III (B) Branch has sent the same to US & CPIO (E.III.A) Branch on 30.1.2013 vide F. No. 63 (02)/E.III (B)/ 2013 (copy attached and marked ‘E’). 

 
9 Any other information in support of appeal:
10. Prayer/relief sought for:

US & CPIO (E.III.A) branch provide me with copies of the facts with dates of references by MoD and the action taken along with file notings, minutes of deliberations etc, relevant to para 5 of this appeal.

11. Grounds for prayer/relief sought for:

US & CPIO (E.III. A) precipitately dismissing my request for information citing that the MoD letter of 9.1.2013 (marked ‘B’) contains all the information which in not the truth. The MoD does not provide any information of the notings etc of E.III.A branch or any other entity named in my application.

12. Personal Presence at hearing: - No

13. Enclosures: -  Photocopies

13.1. Original RTI application with its enclosures: - attached

            13.2. Postal proof of mailing: -                       attached with 13.1 above

13.3. Acknowledgement of CPIO: -                not applicable

13.4. Decision letter of CPIO: -                       attached (marked B)

14. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with any information commission nor is pending with any Court or tribunal or authority.

Place: Bangalore                     Date:   February 2013                         Signature of appellant

P.S. Format as per office memorandum dated 09-07-2007 issued by DoPT, Govt. of India.