Government of India
Ministry of Defence
No. 35 (1)/2013/D (Pay/Services) New Delhi, the 09 Oct, 2013
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.
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
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.
Encl: as stated
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