We learn from History
that we never learn from History
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Hegel
* * * * *
The RTI Request
SYS/RTI/MoD/2013 24th
June 2013
To,
CPIO &
Under Secretary (Pay/Services),
Ministry of
Defence,
Sena Bhawan,
New Delhi –
110 011
REQUEST FOR
INFORMATION: RANK PAY MATTER
Sir,
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.
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.
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.
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,
Sd/-------------------
(S Y Savur)
Encl: IPO No. 19F 704632 as stated at Para 4 above.
Reply of CPIO dated 19th
July 2013
No. 35 (1)/2013/D(Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 19th July, 2013
To
Shri SY Savur
141 Jal Vayu Towers,
NGEF Layout,
Indira Nagar (PO),
Bangalore – 560038
Subject: Seeking information under RTI Act – 2005.
Sir,
Reference your letter
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
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 17.7.2013 for placing it 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 has issued SAI/SNI/SAFI No. 2/S/98 dated
19.12.1997 when the case was sub-judice.
4. The Appellate
Authority is Sh. Praveen Kumar, Director (AG-I), Ministry of Defence, Room No.
103, Sena Bhavan, New Delhi.
Yours faithfully,
Sd/------------------
(P.S. Walia)
Under Secretary & CPIO
* * * * *
The Order of the First Appellate Authority
Government of India
Ministry of Defence
No. 35
(1)/2013/D(Pay/Services) New
Delhi, the 20th Sept, 2013
ORDER
Subject: Appeal under Section 19 of RTI Act,
2005 filed by Shri SY Savur
……………….
Reference is invited to the appeal
dated 12.8.2013 filed by Shri SY Savur (received on 22.8.2013) against CPIO,
MoD letter No. 35 (1)/2013/D(Pay/Services) dated 19.7.2013.
2. I have considered
the aforesaid appeal on the basis of the facts submitted by the applicant and
the information available with CPIO. You have requested in your appeal complete
information given to LA (Defence) for placing before the Ld Solicitor General (my request mentioned Ld Attorney General).
In reply to your application dated 24.6.2013 (received in MoD on 26.6.2013),
CPIO in his reply dated 19.7.2013 had informed that the matter has been
referred to LA (Defence) on 17.7. 2013 for placing it before the Ld Attorney
General. Thus it is clear that as on 24.6.2013 (date of your application), the
matter was not referred to the Ld Attorney General. In view of the above facts,
I am satisfied that the information provided by the CPIO, MoD vide his letter
No. 35 (1)/2013/D(Pay/Services) dated 19.7.2013 was in order and is based on
records available with him in his official capacity.
3. However, I am now sending herewith a
copy of the brief alongwith its enclosures (491 pages) sent by MoD to LA (Def)
for placing it before Ld Attorney General. You are requested to send the
requisite fee of Rs 982/- on account of photocopy charges prescribed under RTI
Act 2005.
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
(491 pages)
* * * * *
Reply to First Appellate
Authority
SYS/RTI/MoD/2013 9th
October 2013
To,
Shri Praveen Kumar,
Director
(AG-I) and First Appellate Authority,
Ministry of
Defence,
Room No 103,
Sena Bhawan,
New Delhi –
110 011
REPLY TO APPEAL DATED
12 AUG 13: RANK PAY MATTER
Sir,
1. Please refer to
No. 35 (1)/2013/D(Pay/Services) dated 20th September 2013 despatched
by Un-regd Parcel on 24 Sep 13 (as per the rubber stamp and Postal stamp
affixed on the envelope indicate), received on 08 Oct.
2. The 491 pages are
returned as the information does not pertain to the specific request for
information dated 24 Jun 13 (copy attached for ready reference) which was
“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.”
3. Further, the
following is seen from the Order in the First Appeal: -
(a) The
information supplied by CPIO in his
reply dated 19 Jul 13 to my application dated 24 Jun 13 may have been correct on the date of
receipt i.e 26 Jun 13 but not on the
date the CPIO signed the ibid reply letter on 19 Jul 13 to the application
requesting above information.
(b) FAA’s
order mentions that the matter was referred to LA (Defence) on 17 Jul 13 i.e. 2
days before CPIO replied on 19 Jul 13,
(c) The matter in 491 pages relates to the
letter from the Chairman CoSC and CAS dated 18 Jan 13 written to the
Hon’ble Raksha Mantri and Service HQs’ Statement of Case (Air HQ/19141/7/AFPCC)
dated 2 Apr 13, but not to any action
taken after the direction of the Hon’ble Raksha Mantri dated 14 Jun 13.
(d) After obtaining comments of O/0 CGDA dated
23 May 13 i.e. about 3 weeks before the directions of the Hon’ble Raksha
Mantri dated 14 Jun 13, Matter was
referred to LA (Def) on 17 Jul 13, and
information supplied nowhere addresses the issues in the application dated 24
Jun 2013,
(e) When
the CPIO signed the reply dated 19 Jul
13, he provided incorrect information i.e. he knew that the matter was
referred to LA (Def) on 17 Jul 13, and
(f) Nowhere
in the 491 pages does it mention that
the referral to the Hon’ble Attorney General of India is on or consequent to
the directions of the Hon’ble Raksha Mantri dated 14 Jun 13.
4. However, this
applicant wishes to close the matter. A copy of this letter is being sent to
the Office of the CIC with a request not to take action on the Second Appeal
dated 30 Sep 13 from this applicant.
Yours sincerely,
Sd/----------------
(S Y Savur)
Encl: (1) 491 pages provided vide No. 35
(1)/2013/D (Pay/Services) dated 20 Sep 13,
(2) Printed copy of
original request
(3) Copy of Letter to
O/o Chief Information Commissioner withdrawing Second Appeal
* * * * *
BY SPEED POST
SYS/RTI/MoD/2013 9th
October 2013
To,
Office of the
Chief Information Commissioner,
August Kranti
Bhawan,
Bhikaji Cama
Place,
New Delhi –
110 066
SECOND APPEAL DATED 30
SEP 13: RANK PAY MATTER
BY SHARAD YESHWANT
SAVUR
Sir,
It is requested that no action may be taken on the Second Appeal
preferred by the undersigned.
A Copy of the letter dated 9 Oct 13 written to Director (AG-I) and
First Appellate Authority, Ministry of Defence is enclosed, intimating that the
Second Appeal is being withdrawn is attached.
Inconvenience caused is regretted.
Yours sincerely,
Sd/-------------------
(S Y Savur)
Encls: as
stated
Copy to: Shri
Praveen Kumar, ]
with reference to No. 35(1)/2013 –D(
Director
(AG-I) and First Appellate Authority, ]Pay/Services)
dated 20 Sep 13 in reply
Ministry of
Defence, ]
to application dated 24 Jun 13
Room No 103,
Sena Bhawan, ]
New Delhi –
110 011 ]
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