Tuesday 15 October 2013

Not Accepting Irrelevant Information Provided by MoD



Government of India
Ministry of Defence


No. 35 (1)/2013/D (Pay/Services)                                                            New Delhi, the 09 Oct, 2013


ORDER

Subject:         Appeal under Section 19 of RTI Act, 2005 filed by Shri SY Savur


Reference is invited to second appeal dated 30.9.2013 filed by Sh. SY Savur (received on 8.10.2013) against the CPIO, MoD letter No. 35(1)/2013/D(Pay/Services) dated 19.7.2013.

2.         It is stated that the matter has already been considered and reply to your first appeal dated 12.8.2013 has already been sent on 20.9.2013 (copy enclosed) vide which 491 pages of the information have been sent to you.

Sd/-----------------------------
(Praveen Kumar)
Director (AG-I) & Appellate Authority

Copy of this order be supplied to: - Shri SY Savur, 141 Jal Vayu Towers, NGEF Layout, Indira Nagar (PO), Bangalore-560038

Encl: as above

*          *          *          *          *


SYS/RTI/MoD                                                                                                          Oct 13

To,

Shri Praveen Kumar,
Director (AG-I) &  First Appellate Authority,
Ministry of Defence,
Room No. 103, Sena Bhawan,
New Delhi – 110 011

Subject: -     FAA Orders vide MoD letter No. 35 (1)/2013 – D (Pay/Services) dated 20 Sep 13 and 09 Oct 13 – regarding RTI Application dated 24 Jun 13

Please refer to above mentioned Orders. Below mentioned material facts are for information and action as deemed necessary by Director (AG-I) and Appellate Authority.

Request for Information under RTI Act 2005 dated 24 Jun 13 

2.         Hon’ble RM took a meeting on 14 Jun 13 on the contradictory views on the implementation of Apex Court order dated 04 Sep 12 in the Rank Pay matter w.r.t. MoD implementation order dated 27 Dec 12. Hon’ble RM directed MoD and Services HQ to obtain the opinion of Ld Attorney General for India. The Hon’ble RM also directed that MoD and Services HQ to send their respective Referrals (or Statements of Case) directly to the Ld Attorney General.   

3.         The request under RTI Act 2005 dated 24 Jun 13 to the US & CPIO, MoD (D-Pay/Services), was for providing the following information: -  

(a)         MoD’s Referral (or SoC) to the Ld Attorney General in compliance of the directive of the Hon’ble RM of 14 Jun 13,  and

(b)         Whether MoD informed the Ld Attorney (in the Referral/SoC) that SAI No. 2/S/98 was issued when the Rank Pay matter was still sub-judice (in the High Court of Kerala in O.P. No. 2448 of 1996N – Maj Dhanapalan Vs UoI & Others)..

4.         The information from CPIO by MoD letter dated 19 Jul 13 only stated “the file was under submission,” when in truth the file had been submitted on 17 Jul 13 according to First Appellate Authority (FAA) Order dated 20 Sep 13, and also that “it has not been specifically mentioned that SAI…..was issued when the matter was sub-judice,” so a First Appeal was filed.     

Tracking First Appeal dated 12 Aug 13  

5.         Due to non-receipt of (Speed Post) confirmation of receipt form attached to the envelope, the undersigned tracked the First Appeal sent by Speed Post on 12 Aug 13 through the India Post website. First Appeal sent by Speed Post - article EK 297570082IN - was tracked and record is placed at Annexure ‘A’ (and may be verified from the website www.indiapost.gov.in/tracking.aspx).

6.         Director (AG-I) & FAA may wish to note the discrepancy (of 6 days) between date of delivery as per India Post and date of receipt stated in Order dated 20 Sep 13.

Provisions of RTI Act 2005 for Disposal of Appeals

7.         RTI Act 2005, Section 19 (6) permits a period of 30 days for reply to a First Appeal. If an extended period upto 45 days is taken, then the reasons for the extended period of time taken are to be recorded in writing.

8.         A period of 30 days commencing from 16 Aug was calculated and it ended on 16 Sep 13. Therefore, when no reply was received from FAA even after 45 days i.e. 30 Sep 13, a Second Appeal was preferred on 30 Sep 13 and a copy sent to Director (AG-I) & FAA by Speed Post.  

9.         Insofar as payment is considered, attention is invited to Section 6 (6) of the RTI Act 2005, which states “Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in subsection (1).” Nevertheless, the 491 pages was returned as it was not relevant to the request dated 24 Jun 13.

Receipt of Order of FAA dated 20 Sep 13

10.       In response to the First Appeal, covering letter for the information was signed by FAA vide MoD Order of even reference dated 20 Sep 13. The information (491 pages) was mailed on 24 Sep 13 as an Unregd Parcel. It was received at the Indira Nagar PO on 07 Oct 13 (photocopy of franking stamps placed at Annexure ‘C’). It was dropped in the mail box of the undersigned on 08 Oct 13. No reasons recorded in writing for taking more than 30 days are part of the Order dated 20 Sep 13.

Intimation of Filing Second Appeal

11.        The copy the Second Appeal was sent to FAA on 30 Sep 13 by Speed Post (please see delivery record placed at Annexure ‘B’). Director (AG-I) & FAA may wish to note that India Post reported to have been delivered on 03 Sep 13 but received by on 08 Oct 13.

Return of Enclosures (491 pages) to Appellate Authority

12.       The anomalies in CPIO’s reply dated 19 Jul 13 and reasons (information not relevant to request) for returning the information attached with the order of FAA dated 20 Sep 13 have been elucidated in letter of even reference dated 09 Oct 13. A copy of the same has been attached to the application for withdrawal of Second Appeal addressed to O/o CIC.

Yours sincerely,
Sd/-------------------

Encl: as stated

Annexure ‘A’
Track Result for:EK297570082IN
Booked at
Booked On
Delivered at
Delivered on

Indiranagar S.O (Bangalore)
12/08/2013
Nirman Bhawan S.O
16/08/2013
 Detailed Track Events For EK297570082IN
Date
Time
Status at
Status
12/08/2013
13:53:33
Indiranagar S.O (Bangalore)
Item Booked
12/08/2013
21:24:31
BANGALORE SH
Item Received
14/08/2013
10:33:27
NEW DELHI SH
Item Received
16/08/2013
09:35:00
Nirman Bhawan S.O
Item Received
16/08/2013

Nirman Bhawan S.O
Item Delivered

Annexure ‘B’

Track Result for:EK420245670IN  

Booked at
Booked On
Delivered at
Delivered on

Indiranagar S.O (Bangalore)
30/09/2013
Nirman Bhawan S.O
03/10/2013


 Detailed Track Events For EK420245670IN
Date
Time
Status at
Status
30/09/2013
14:27:30
Indiranagar S.O (Bangalore)
Item Booked
30/09/2013
16:08:28
Indiranagar S.O (Bangalore)
Item bagged for BANGALORE SH
30/09/2013
16:09:28
Indiranagar S.O (Bangalore)
Bag Despatched to BANGALORE SH
30/09/2013
20:24:19
BANGALORE SH
Bag Received
30/09/2013
20:41:21
BANGALORE SH
Bag Opened
30/09/2013
23:47:58
BANGALORE SH
Item Received
01/10/2013
00:13:57
BANGALORE SH
Item bagged for NEW DELHI SH
01/10/2013
01:42:11
BANGALORE SH
Bag Despatched to NEW DELHI SH
01/10/2013
11:44:45
PALAM TMO
Bag Received
01/10/2013
14:23:56
PALAM TMO
Bag Despatched to NEW DELHI SH
01/10/2013
15:03:35
NEW DELHI SH
Bag Received
03/10/2013
10:27:45
Nirman Bhawan S.O
Item Received
03/10/2013

Nirman Bhawan S.O
Item Delivered


Annexure ‘C’

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