Friday, 9 August 2013

Would it be a meaningful Reference to Ld Attorney General?

Hon'ble Raksha Mantri had directed MoD to refer the interpretation in the Rank Pay matter to the Attorney General for his legal opinion. 

The request for information from MoD (dated 24.6.2013) was whether MoD had requested the AG about the legality or otherwise of including the methodology recommended (in Para 148) by 5 CPC in SAI/SNI/SAFI 2/S/98 when the matter was still sub-judice in the Hon'ble High Court of Kerala.

As readers will be aware, 5 CPC's methodology has been quoted extensively by O/o CGDA in formulating the DGL which became the MoD's implementation order dated 27.12.2012. 

The contents of the RTI application dated 24.6.2013 and reply of MoD dated 19th July 2013 are on this post. 

Needless to add, a First Appeal is being formulated and would be mailed within the 30 days allowed under the RTI Act 2005.  

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By SPEED POST – ACK DUE form attached

S Y Savur
Cellphone”     +91 9449676278                                                      141, Jal Vayu Towers,
                        +91 9688782227                                                      NGEF Layout,
                                                                                                            Indira Nagar (PO),
                                                                                                            Bangalore – 560038
SYS/RTI/MoD/2013                                                                      24th June 2013

CPIO & Under Secretary (Pay/Services),
Ministry of Defence,
Sena Bhawan,
New Delhi – 110 011



1.         Please refer to the orders of the Hon’ble Raksha Mantri in the meeting taken by him on 14.6.2013 to resolve the differences between MoD and Service HQ on the anomalies in MoD letter F. No. 34(6)/2012-D (Pay/Services) dated 27.12.2012 for implementing the orders of the Hon’ble Supreme Court dated 04.09.2012. It is understood that Hon’ble RM has asked MoD and Service HQ to refer the matter to the Learned Attorney General of India for legal clarity of respective interpretations.

2.   Please provide information of   Record(s) of discussions, deliberations, notes, notings, U.Os, opinions, advices, circulars, orders specifically related to the instant referral to the Ld Attorney General of India.

3. In light of reply to First Appeal vide MoD F. No. 35(1)/2013-D (Pay/Services) dated 18.6.2013 (photocopy on page 2), please provide information whether MOD, in its referral, has apprised the Ld Attorney General that MoD had issued SAI/SNI/SAFI No. 2/S/98 dated 19.12.1997 (subsequent to 5th CPC Report) when the case was sub-judice so as to seek clarity on the legality of ibid SAI/SNI/SAFI.

4. I enclose crossed Indian Postal Order Number 19F 704632 issued by the Indira Nagar PO on 21.6.2013 for Rs 10/- (Rupees Ten only), endorsed to Accounts Officer (DAD), Ministry of Defence (Civil), payable at New Delhi, as application fee for this application. 

5. I request in advance that I may not be asked to visit MoD to inspect and search for the documents/information. I shall remit any additional amount, so indicated by MoD, for the photocopies of documents mentioned in para 2 above.  
Thanking you,
Yours faithfully,

(S Y Savur)
Encl: IPO No. 19F 704632 as stated at Para 4 above.

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No. 35(1)/2013/D(Pay/Services)
Government of India
Ministry of Defence
                                                                                         New Delhi, the 19th July, 2013


             Shri S Y Savur
             141, Jal Vayu Towers,
              NGEF Layout,
              Indira Nagar (PO),
              Bangalore - 560038

             Subject: Seeking information under RTI Act - 2005


       Reference your letter No. SYS/RTI/MoD/2013 dated 24.6.2013 on the above subject.

2.    Regarding information sought vide Para 2 of your application, it is stated that the concerned file is already under submission. The issues raised by Services have already been examined in consultation with CGDA, Defence (Finance) and Ministry of Finance. As directed by Hon'ble RM, the matter has been referred to LA (Defence) on 17.7.2o13 for placing before the Ld Attorney General for his advice.

3.     Regarding information sought vide Para 3, it is stated that it has not been specifically mentioned in the file that MoD had issued SAI/SNI/SAFI No. 2/S/98 dated 19.12.1997 when the case was sub-judice.

4. The Appellate Authority is Shri Praveen Kumar, Director (AG-I), Ministry of Defence, Room No. 103, Sena Bhawan, New Delhi.    

                                                                                                                   (P. S. Walia)
                                                                                                         Under Secretary & CPIO
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