BY SPEED
POST - ACK Due
S Y Savur 141,
Jal Vayu Towers,
Cell: +91 9449676278 Beniganahalli,
+91 9688782227 Indira
Nagar (PO),
Email: sysavur@gmail.com Bangalore-560038
SYS/RTI/CGDA/2013 25th April 2013
To,
(1) CPIO (Audit Wing),
Shri S Murali Krishnan IDAS
Shri S Murali Krishnan IDAS
Senior ACGDA (IT)
Office of the CGDA,
Office of the CGDA,
Ulan Bator Road, Palam
New Delhi – 110 010
REQUEST FOR INFORMATION:
APPLICATION DATED 13.03.2013
Sir,
1.
Please refer to No.
CPIO/AT/HQ/2013/1/1063 dated 15.04.2013, received by me 22nd April
2013 in which an incomplete reply to my request for information dated 13th
March 2013 has been sent.
2. Vide Para 2 of OM No. 1/8/2007-IR dated
8th November 2007, and Para 2 of Annexure to O.M. No. 1/69/2007
dated 27.2.2008, The RTI Act 2005 authorises any applicant to request for
information that includes records, documents, memos, e-mails, opinions, advices, press releases,
circulars, orders, logbooks, contracts, reports, papers, samples, models, data
material held in any electronic form…”
3. Annexure to O.M. No. 1/69/2007 dated
27.2.2008, vide Para 2 authorises any applicant to request for information that
includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks,
contracts, reports, papers, samples, models, data material held in any
electronic form…” Ibid OM vide Vide Para
8
states “Only such information is required to be supplied under the Act which
already exists and is held by the public authority or held under the control of
the public authority. The
CPIO is not supposed to
create information; or to interpret information; or to solve the problems
raised by the applicants; or to furnish replies to hypothetical questions,” And further in Para 19 states “Therefore, the applicant should not
be asked to give justification for seeking information or to give details of
his job etc. or to submit application in
any particular form.”
4. ACGDA (IT), in U.O. No.
AT/1/1483-Army/X/(PC)/IV dated 15.4.2013, (attached to ibid CPIO, CGDA letter
dated 15th April 2013), has wrongly interpreted my request in strong
language i.e. “this Section is of the
view that the applicant is demanding an explanation.” The tone and wordings
appear to be for intimidating the undersigned from seeking information
authorised by the RTI Act 2005. Further, the ACGDA (IT) stated in reply to para
2(p) states that under provision of the RTI Act, 2005, “the PIO is not obliged
to furnish reply to question like “why.” The complete request reads “(p) If not, please provide information on
why para 6 (a) (ii) was included as such a decision would over-rule the
approval of the Cabinet to the Report of the 4th CPC” because
neither the Cabinet approval of the 4th CPC report mentioned this
methodology and nor was it in Chapter 30.2 of the 4th CPC Report.
Since information as per RTI Act also included opinion, it is legitimate to request information on why para 6 (a)
(ii) was included.
5. Since
the particulars of the First Appellate Authority was not provided in CPIO,
Office of CGDA letter dated 15th March 2013, the ACGDA (IT) Audit-I
Section compels the undersigned, vide Para 27 of the OM referred in para 2
above, to lodge a complaint directly with the Central Information Commission,
forwarding copies of the application of the undersigned dated 13th
March 2013 and the remarks of the ACGDA (AT-I) attached vide CPIO, CGDA letter
dated 15th April 2013, for necessary action by the Central
Information Commission.
6. Notwithstanding the above, my request for
information dated 13th March 2013 is still pending and information
has not been provided.
7. Please
intimate the additional amount to be remitted so that I might receive the full
and complete information expeditiously as I regret that I will not be able to
travel to New Delhi. I am a senior citizen with border-line hypertension,
elevated cholesterol, and impaired glucose tolerance. Further, travelling from
Bangalore for a visit the office of the CGDA located near the Palam airport,
New Delhi, to inspect all relevant files involves
disproportionately more expenditure than the likely cost of copies/
photocopies or CDs of the information I have sought.
8. I, therefore, regret that a visit
Office of the CGDA to inspect documents is unviable for the above reasons and also is not mandatory. In this
connection please see the following sections of the RTI Act 2005: -
Section 4.
Obligations of public authorities. — “Every
public authority shall— (a) maintain all its records duly catalogued and
indexed in a manner and the form which facilitates the right to information
under this Act and ensure that all records that are appropriate to be
computerised are, within a reasonable time and subject to availability of
resources, computerised and connected through a network all over the country on
different systems so that access to such records is facilitated.”
Section 5……
“Provided that where an application for information or appeal is given to a
Central Assistant Public Information Officer or a State Assistant Public
Information Officer, as the case may be, a period of five days shall be added
in computing the period for response specified under sub-section (/) of section
7.
(5) (3)
Every Central Public Information Officer or State Public Information Officer,
as the case may be, shall deal with requests from persons seeking information
and render reasonable assistance to the persons seeking such information.
(5) (4)
The Central Public Information Officer or State Public Information Officer, as
the case may be, may seek the assistance of any other officer as he or she
considers it necessary for the proper discharge of his or her duties.
(5) (5)
Any officer, whose assistance has been sought under sub-section (4), shall
render all assistance to the Central Public Information Officer or State Public
Information Officer, as the case may be, seeking his or her assistance and for
the purposes of any contravention of the provisions of this Act, such other
officer shall be treated as a Central Public Information Officer or State
Public Information Officer, as the case may be.
Section 6
which states inter alia “….. If
a citizen asks for certain information which is with three or four public
authorities, then the PIO of the first public authority shall provide the
information of the part, which lies in his subject jurisdiction, then transfer
the other parts to the PIOs of the relevant public authorities. While
transferring the application’s parts, he should be careful in identifying the
public authorities on the basis of the applicant’s subject matter”…..
ANNEXURE to OM
No.1/69/2007-IR dated the 27th February,
2008 – “Assistance
Available to CPIO, Para 14, “The Central Public Information Officer may seek the
assistance of any other officer as he or she considers necessary for the proper
discharge of his or her duties. The officer, whose assistance is so sought by
the CPIO, would render all assistance to him. Such an officer shall be deemed
to be a Central Public Information Officer and would be liable for contravention
of any. provisions of the Act the same way as any other Central Public Information
Officer. It would be advisable for the CPIO to inform the officer whose assistance
is sought, about the above provision, at the time of seeking his assistance,
and
Item 13 from FAQs of RTI Act 2005: -The Act does not permit rejection of an
application simply because it relates to a large number of documents. Under
Section 7 (9), information shall be provided in the form in which it is sought
unless it would ‘disproportionately’ divert the resources of the public
authority. A PIO can request the applicant to visit his/her office
personally and inspect the required documents or files. However, the PIO shall
communicate the date and time to the applicant for such inspection. The PIO has
to determine and justify what constitutes ‘disproportionately divert
resources’.
An
applicant can ask for 20 to 30 different kinds of information in the same
application and cannot be asked to apply afresh. If the information published
under Section 4 (1) (b) of the Act is comprehensive and proper information
systems are maintained to enable such publication, even if an applicant
requests for many pieces of information, the same can be provided to the
applicant without much difficulty. Appropriate record management systems need
also to be instituted.
9. I respectfully request that the consequent cost calculations,
total amount payable, mode of payment and the payee(s) etc be intimated for my
speedy compliance so that I receive the information expeditiously.
10. In case doubts still persist about this
applicant having to visit the office of the CGDA, I enclose photocopies of
similar request to visit and subsequent forwarding of information by MoD,
without this applicant having to visit MoD.
Thanking you,
Yours sincerely,
Sd/---
(S Y Savur)
* * * *
Office of
the CGDA, Ulan Batar Road, Palam, Delhi Cantt – 10
No. CPIO/AT/HQ/2013/1/1063 Dated:
22/05/2013
To
Shri S Y Savur
141, Jal Vayu Towers,
Beniganahalli,
Indira Nagar (PO),
Bangalore
– 560038
Subject: Seeking Information under RTI Act 2005.
Reference
your application dated 13th March 2013 and this office letter of
even No. dated 15/04/2013
* * * * * *
With reference to above
communications, please refer to your subsequent application dated 25th
April 2013. Your ibid application was brought to the notice of the Section
dealing with the subject matter. The Section vide their note bearing No.
AT/1/1483-Army/X(PC)/V dated 21/05/2013 (copy enclosed) has intimated that
correspondence alongwith notings on the issues with regard to your initial
application dated 13th March 2013 runs into 255 pages. Therefore,
you may furnish applicable fee prescribed under RTI (Regulation of Fee and
Cost) Rules, 2005 @ Rs 2/- per page payable to “Accounts Officer CGDA at New
Delhi” so that photocopies of the 255 pages could be provided.
Encls: (One page) Sd/-------------------------
(S.
Murali Krishnan)
Sr
ACGDA/CPIO
* * * * *
Office of
the CGDA, Ulan Batar Road, Palam, Delhi Cantt – 10
Audit –I Section
Subject: Seeking information under RTI Act, 2005 : Shri S
Y Savur
Reference: Shri S Y Savur subsequent application dated 25th
April 2013
* * * * *
With reference to the initial
application dated 13th march 2013 from Shri S Y Savur, the parawise
information/reply has already been given vide this Section UO note of even No.
dated 15/04/2013. Keeping in view the large magnitude of correspondence/records
on the subject matter, it was difficult to identify on behalf of the applicant
the exact desired papers/documents out of the lengthy records on the subject
issue. Therefore, the applicant was offered for inspection of relevant files so
that he can have copies of the particular documents he wants to have. However,
in keeping with the compulsion shown by the applicant in Para 7 of the
subsequent application, following is intimated for information of the
applicant.
2.
The queries in
the initial application dated 13th March 2013 revolves around
implementation of the Hon’ble Supreme Court Order dated 04/09/2012 on Rank Pay
matters. This Order has been implemented vide MoD letter No.
34(6)2012-D(Pay/Services) dated 27th December 2012 (copy already
furnished). With regard to the request of the applicant vide application dated
13/03/2013, it is intimated that the correspondence alongwith corresponding
notings portion as requested runs into 255 pages. Therefore, the applicant may
be asked to forward copying charges @ Rs 2/- per page so that the above
records/documents could be supplied to him.
Sd/-----------------
ACGDA (AT-I)
RTI Cell (AT) (Local)
UO Note No.
AT/1/1483-Army/X (PC)/V dated 21/05/2013
* * * * *
BY
SPEED POST - ACK Due
S Y Savur 141,
Jal Vayu Towers,
Cell: +91 9449676278 Beniganahalli,
+91 9688782227 Indira
Nagar (PO),
Email: sysavur@gmail.com Bangalore-560038
SYS/RTI/CGDA/2013 7th June 2013
To,
(1) CPIO (Audit Wing),
Shri S Murali Krishnan IDAS
Shri S Murali Krishnan IDAS
Senior ACGDA (IT)
Office of the CGDA,
Office of the CGDA,
Ulan Bator Road, Palam
New Delhi – 110 010
REQUEST FOR INFORMATION:
APPLICATION DATED 13.03.2013
Sir,
1.
Please refer to No.
CPIO/AT/HQ/2013/1/1063 dated 15.04.2013, received by me 22nd April
2013 in which an incomplete reply to my request for information dated 13th
March 2013 has been sent and my letter of even reference dated 25th
April 2013 for which have replied vide your letter of even reference dated 22nd
May 2013 mailed by you on 27th May 2013 which I received on 6th
June 2013 – both dates indicated by Post office franking on the envelope by
respective POs.
2. As demanded, I am
enclosing a DD for Rs 510/- @ Rs 2 per page for 255 pages payable at New Delhi
to the Accounts Officer, CGDA.
3. It is requested that
the pages be numbered so that you and I can reconcile to the fact that 255
pages are sent and received.
4.
For my record please acknowledge by a brief letter the receipt of the above
Demand Draft.
Yours truly,
Sd/-------
(S. Y. Savur)
Applicant
Enclosed: Demand Draft
Number 960316 dated 7th June
2013 issued by State Bank of Travancore, PB Branch, Indira Nagar,
Bangalore-560038 payable as stated in Para 2 above
No comments:
Post a Comment