Wednesday 27 November 2013

From RTI Application dated 10 Sep 13 to Complaint Under Section 18 - Non Functional Upgradation



BY SPEED POST
Ref: SYS/RTI/MoD/NFU/2013                                                                      10th September, 2013

To,

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

REQUEST FOR INFORMATION: NON-FUNCTIONAL UPGRADATION

Sir,

1.         Reference is invited to DOP & T OM No - AB. 14017/64/2008-Estt.(RR) dated 24.04.09 on the above subject and subsequent OMs.

2.         Please provide me information on the decision of the MoD to extend or not to extend the benefit of Non-Functional Upgradation to personnel of the Armed Forces by way of notings on files, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, reports, papers, data in support of decisions and also any relevant material held in electronic form.

3.         Indian Postal Order Number 65G 724817 of Rs 10/- payable at New Delhi to Accounts Officer (DAD), Ministry of Defence (Civil) is enclosed as application fee..

4.         It is reiterated for reasons provided in previous correspondence, this applicant may not be requested to visit the offices of MoD to search files etc and then seek photocopies of relevant material. This applicant may be apprised, as has been done earlier, the amount to paid @ Rs 2 per page of photocopied information to enable expeditious compliance to obtain the information.

Thanking you,

Yours truly,
Sd/-------

Also Submitted On line vide MODEF/R/2013/60351 & 60352 & 60355 of 10 Sep 13; Submissions repeated due to problems on the RTIonline website

*          *          *          *          *

Ref: SYS/RTI/MoD/NFU/2013                                                                     23rd September, 2013

To,

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

REQUEST FOR INFORMATION: NON-FUNCTIONAL UPGRADATION

Sir,

1.         Reference is invited to DOP & T OM No - AB. 14017/64/2008-Estt.(RR) dated 24.04.09 on the above subject and subsequent OMs and RTI application of even reference dated 4th September 2013.

2.         The Indian Postal Order Number 65G 724817 is value of Rs 50/- payable at New Delhi to Accounts Officer (DAD), Ministry of Defence (Civil) is enclosed as application fee and advance payment towards 20 pages of photocopied information. The denomination was erroneously typed as Rs 10. Photocopy of counterfoil of IPO is given below.

Thanking you,

Yours truly,
Sd/----------

*          *          *          *          *

SPEED POST
RIGHT TO INFORMATION ACT, 2005

FIRST APPEAL FOR CENTRAL GOVERNMENT
I.D. No____________________                                              Date: _________
[For office use]
To,

Shri Praveen Kumar, Director (AG-I) & First Appellate Authority,
Ministry of Defence, Govt of India,
Room No. 103, Sena Bhawan, New Delhi - 110011

Sir,

As I am aggrieved by no decision of Under Secretary & Central Public Information Officer, Pay/Service, Ministry of Defence, Sena Bhawan,  New Delhi – 110 011 on my request for information dated 11 Sep 13 sent by Speed Post (article EK420215664) vide SYS/RTI/MoD/NFU/2013 dated 10 Sep 13 and repeated on RTI Online vide Ref No. MODEF/R/2013/(60351/60352)/D(RTI) dated 11 Sep 13 I hereby file this appeal for your kind decision.
1. Details of appellant:
(i)        Full Name: Sharad Yeshwant Savur
(ii)                Full Address: 141, Jal Vayu Towers, NGEF Layout, Indira Nagar (PO), Bangalore-560038
(iii)              Phone/Cell No: +91 9449676278
(iv)              Email ID: sysavur@gmail.com
2. Details of CPIO: -

(i)        Name/Designation:  Under Secretary (Pay/Services) & CPIO

(ii)       Full Address: Sena Bhawan, Ministry of Defence, Govt of India, New Delhi - 110011

(iii)      Name of Public Authority: Ministry of Defence

3. Details of RTI application to CPIO: -

(i)       
Date of Application: By Speed Post 10.09.2013; by RTI Online: 11.9.2013               
(ii)       Mailed on: 10.9.2013 & 11.9.2013 respectively
(iii)      By Speed Post No. EK 420215664IN & RTI Online ID No. MODEF/R/2013/(60351 & 60352)/D(RTI)         
(iv)      Date of receipt by CPIO:  Not Indicated
4. Particulars of payment of filing fee + additional fee: -
(i)        Paid Rs.50/- by IPO No 65G 724817/- issued by INDIRA NAGAR Post office and
(ii)       Application fee of Rs 10/- per application by Internet banking for RTI Online
5. Details of information sought: -

5.
1.      Reference is invited to DOP & T OM No - AB. 14017/64/2008-Estt.(RR) dated 24.04.09 on the above subject and subsequent OMs.

5.2.      Please provide me information on the decision of the MoD to extend or not to extend the benefit of Non-Functional Upgradation to personnel of the Armed Forces by way of notings on files, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, reports, papers, data in support of decisions and also any relevant material held in electronic form.

5.3.      Indian Postal Order Number 65G 724817 of Rs 10/- payable at New Delhi to Accounts Officer (DAD), Ministry of Defence (Civil) is enclosed as application fee.

5.4.      It is reiterated for reasons provided in previous correspondence, this applicant may not be requested to visit the offices of MoD to search files etc and then seek photocopies of relevant material. This applicant may be apprised, as has been done earlier, the amount to paid @ Rs 2 per page of photocopied information to enable expeditious compliance to obtain the information.
6. Particulars of Decision of CPIO: -
(i)        Letter reference No:                                    NIL   
(ii)       Date of CPIO’s Decision:                             No Decision

(iii)      Date of receipt of decision by the appellant: Not Applicable

7. Brief facts of the case: -
7.1.      As per the DOP&T OM No - AB. 14017/64/2008-Estt.(RR) dated 24.04.09 on the and subsequent OMs n Non-Functional Upgradation (NFU), this applicant requests information to understand why the same has not been extended to personnel of the Armed Forces.
7.2.      Till date MoD, as Competent Ministry/Authority, has neither conveyed that NFU will not be implemented for Armed Forces personnel nor implemented the NFU.
    8. Reasons/grounds for this appeal: -
8.1.      Reasons for this appeal: -    To gain knowledge and understand the process by which MoD is either intending to implement NFU for Armed Forces personnel, or
8.2.      Know of the reasons why MoD considers NFU cannot be extended to personnel of the Armed Forces.    
8.3.      Grounds for this Appeal:  
No Reply from CPIO
9. Any other information in support of appeal: Speed Post - article EK420215664: -
            9.1.      Track of Delivery from India Post of RTI application posted on 10 Sep 13
Track Result for:EK420215664IN  




Booked at
Booked On
Delivered at
Delivered on

Indiranagar S.O (Bangalore)
10/09/2013
Nirman Bhawan S.O
12/09/2013



Detailed Track Events For EK420215664IN
Date
Time
Status at
Status
10/09/2013
11:33:07
Indiranagar S.O (Bangalore)
Item Booked
10/09/2013
12:15:50
Indiranagar S.O (Bangalore)
Item bagged for BANGALORE SH
10/09/2013
16:38:45
Indiranagar S.O (Bangalore)
Bag Despatched to BANGALORE G.P.O.
10/09/2013
20:28:52
BANGALORE SH
Bag Received
10/09/2013
21:41:36
BANGALORE SH
Bag Opened
10/09/2013
21:41:38
BANGALORE SH
Item Received
10/09/2013
23:19:40
BANGALORE SH
Item bagged for NEW DELHI SH
11/09/2013
02:02:13
BANGALORE SH
Bag Despatched to NEW DELHI SH
11/09/2013
10:52:27
PALAM TMO
Bag Received
11/09/2013
11:23:17
PALAM TMO
Bag Despatched to NEW DELHI SH
11/09/2013
11:44:05
NEW DELHI SH
Bag Received
11/09/2013
13:18:16
NEW DELHI SH
Item Received
11/09/2013
13:19:16
NEW DELHI SH
Item bagged for Nirman Bhawan S.O
12/09/2013
05:53:35
NEW DELHI SH
Bag Despatched to Nirman Bhawan S.O
12/09/2013
09:10:56
Nirman Bhawan S.O
Bag Received
12/09/2013
09:31:01
Nirman Bhawan S.O
Bag Opened
12/09/2013
09:31:02
Nirman Bhawan S.O
Item Received
12/09/2013

Nirman Bhawan S.O
Item Delivered

            9.2.      Photocopy of MoD ID No. MODEF/R/2013/(60351 & 60352)/D(RTI)         
10. Prayer/relief sought for: - Please provide me with copy of the complete information on decision to implement or not to implement Non-Functional Upgradation for  personnel of Armed Forces.
11. Grounds for prayer/relief sought for: - US & CPIO (Pay/Services) has not provided the information thereby placing hurdles in clearing my perception of the deficiencies and understanding the reasons for not extending NFU to personnel of Armed Forces.
12. Personal Presence at hearing: - No

13. Enclosures: - Photocopies of
(i) Original RTI application with its enclosures: -           attached
            (ii)   Postal proof of mailing Speed Post: -             attached
(iii)  Acknowledgement of CPIO: -                                     Not received
(iv)   Decision letter of CPIO: -                                           Not received

14. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with any information commission nor is pending with any Court or tribunal or authority.
Sd/-------------------
Place: Bangalore                   Date:   17th October 2013                  Signature of appellant
[
P.S. Format as per office memorandum dated 09-07-2007 issued by DoP&T, Govt. of India.]
Track Result for:EK420241324IN  




Booked at
Booked On
Delivered at
Delivered on

Indiranagar S.O (Bangalore)
17/10/2013
Nirman Bhawan S.O
21/10/2013





 



Detailed Track Events For EK420241324IN
Date
Time
Status at
Status
17/10/2013
10:24:55
Indiranagar S.O (Bangalore)
Item Booked
17/10/2013
12:04:26
Indiranagar S.O (Bangalore)
Item bagged for BANGALORE SH
17/10/2013
12:05:13
Indiranagar S.O (Bangalore)
Bag Despatched to BANGALORE SH
17/10/2013
15:50:19
BANGALORE SH
Bag Received
17/10/2013
16:07:31
BANGALORE SH
Bag Opened
17/10/2013
16:07:32
BANGALORE SH
Item Received
17/10/2013
16:32:07
BANGALORE SH
Item bagged for NEW DELHI SH
17/10/2013
17:12:58
BANGALORE SH
Bag Despatched to NEW DELHI SH
18/10/2013
11:50:48
PALAM TMO
Bag Received
18/10/2013
14:35:56
PALAM TMO
Bag Despatched to NEW DELHI SH
18/10/2013
15:26:45
NEW DELHI SH
Bag Received
19/10/2013
04:07:32
NEW DELHI SH
Bag Received
19/10/2013
05:00:57
NEW DELHI SH
Item Received
19/10/2013
05:01:57
NEW DELHI SH
Item bagged for Nirman Bhawan S.O
19/10/2013
05:01:58
NEW DELHI SH
Bag Despatched to Nirman Bhawan S.O
19/10/2013
08:55:10
Nirman Bhawan S.O
Bag Received
19/10/2013
09:17:14
Nirman Bhawan S.O
Bag Opened
19/10/2013
09:17:14
Nirman Bhawan S.O
Item Received
21/10/2013

Nirman Bhawan S.O
Item Delivered


*          *          *          *          *

By REGD POST -AD

SYS/RTI/MoD/2013/Second Appeal                                               16 Nov 13

To,

(1)       Shri Praveen Kumar,                                      (2)       Shri P S Walia,
Director (AG-I) & First Appellate Authority,               CPIO & Under Secretary (Pay/Services),
Ministry of Defence,                                                   Ministry of Defence,
Room No. 103, Sena Bhawan,                                  Sena Bhawan,
New Delhi – 110 011                                                New Delhi – 110 011

Subject: Second Appeal to Central Information Commission

Sir,

As required by the Central Information Commission process before filing a Second Appeal, the undersigned is hereby intimating the CPIO and the First Appellate Authority with reference to original application SYS/RTI/MoD/NFU/2013 dated 10 Sep 13, MoD RTI Cell ID No. MODEF/R/2013/ (60351 & 60352)/ D (RTI) dated 11 Sep 13 and First Appeal dated 17 Oct 13 sent by Speed Post article EK420241324IN on the same date.

2.         Under Secretary (D-Pay/Services) & CPIO did not respond to my original application(s) sent by Speed Post dated 10 Sep 13 with a Rs 50/- (IPO No. 65G 744817) as application fee and an advance payment for photocopies of information, and on-line applications (duplicated due RTIONline website problems) dated 08 Sep 13 within the time limit of 30 days + 5 days, (processing time taken within MoD to place the application before CPIO/Appellate Authority  as evidenced from Appellate Authority letter MoD No. 35 (1)/2013-D (Pay/Services) dated 20 Sep 13).

3.         Therefore, I filed a First Appeal dated 17 Oct 13. As per RTI Act 2005, Section 19 (6), the disposal period of 30 days (+5 days taken by MoD to put up the Appeal to the Appellate Authority) expires on 22 Nov 13. 

4.         Under Sec 19 (3), the Second Appeal with the Central Information Commission will be filed based on the RTI Cell of MoD vide ID No. MODEF/R/2013/ (60351 & 60352)/ D (RTI) dated 11 Sep 13.

5.         Enclosures i.e. original RTI applications dated 08 Sep 13 & 10 Sep 13, and First Appeal dated 17 Oct 13 with enclosures are not attached as the originals are already in MoD  (D-Pay/Services) files. 

Yours sincerely,

Sd/----------------

*          *          *          *          *

Government of India
Ministry of Defence
No. 35 (11)/2013/D (Pay/Services)                                     New Delhi, the 18th Nov, 2013

ORDER

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

            Reference is invited to Appeal dated 17.10.2013 filed by Shri S Y Savur (received on 22.10.2013) against the non response within the time limit by CPIO of MoD to his RTI applications regarding grant of non-functional upgradation to the personnel of Armed Forces.

2.         I have considered the aforesaid appeal on the basis of the facts submitted by the appellant and comments furnished by the CPIO of MoD. It is stated that your previous RTI requests has already been considered in the section and reply to your RTI requests has already been sent to you on 8.10.2013.

 3.        The appeal is, thus, not maintainable against the CPIO of MoD. However, a copy of MoD reply dated 8.10.2013 is again sent to you for information and further necessary action.

Sd/-------------------------
(Praveen Kumar)
Director (AG-I) & Appellate Authority
Copy of this order be supplied to: - Shri S Y Savur, 141, Jal Vayu Towers. NGEF Layout, Indira Nagar (PO), Bangalore-560038

*          *          *          *          *
RTI Matter
Immediate

No. 35 (11)/2013/D (Pay/Services)
Government of India
Ministry of Defence
                                                New Delhi, the 8th October, 2013

To,

            Shri S Y Savur,
            141, Jal Vayu Towers,
            N G E F Layout,
            Indira Nagar (PO),
            Bangalore – 560038

            Subject: Information sought under RTI Act 2005 – Non Functional Upgradation

Sir,

            This is with reference to your application dated 4.9.2013 (received on 17.9.2013) and dated 23.9.2013 (recd on 27.9.2013) and two applications sent via internet dated 8.9.2013 received from D (RTI) section vide MoD ID No. MODEF/R/2013/(^0351/60352)/D (RTI) dated 11.9.2013 on the above subject.

2.         The issue of Non Functional Upgradation to personnel of the Armed Forces was one of the five issues relating to service personnel which were considered by the Committee headed by Cabinet Secretary. The Committee submitted its Report to the Prime Minister. It is stated that the recommendations on pay related issues of the report of the Committee have been further examined in Ministry of Defence and it has been still decided to wait. 

3.         If you are not satisfied with the information provided you may write to the Appellate Authority, Shri Praveen Kumar, Director (AG-I), Ministry of Defence, Room No. 102, Sena Bhavan, New Delhi within 30 days.  

 Yours faithfully,
Sd/-----------------------
(P. S. Walia)
Under Secretary & CPIO
*          *          *          *          *

BY REGD POST – ACK  DUE


SYS/RTI/MoD/NFU/080913/Complaint                                                      26 Nov 13

To,

The Registrar,
O/o Chief Information Commissioner
II Floor, August Kranti Bhavan,
Bhikaji Cama Place,
New Delhi - 110 066  

Subject: Complaint under Section 18 of the RTI Act 2005


1.         I submit an updated copy of Complaint dated 26 Nov 13 due to receipt, on 25 Nov 13, of Order of Appellate Authority, MoD vide No. 35 (11)/2013 –D (Pay/Services) dated 18 Nov 13 (originally dated 25 Nov 13) under Section 18 of the RTI Act 2005 to the O/o Central Information Commissioner

(a)        Against the US (D- Pay/Services) & CPIO, MoD, and Appellate Authority for
not providing me information in terms of Sec 2 (f) of the RTI Act 2005 (i.e. notings on files, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, reports, papers, data against my request dated 08 Sep 2013 sent by RTI Online and followed up by Speed Post on 10 Sep 13 and,

(b) Against the Director (AG-I) & First Appellate Authority, MoD in respect to my first Appeal dated 17 Oct 13 for providing, yet again, information which is incomplete in response to my appeal dated 17 Oct 13. 

2.         Copies of the original complaint were sent by Speed Post on 25 Nov 13 at 12.11 pm to the US, MoD (D-Pay/Services) & CPIO, and Director (AG-I) & Appellate Authority, MoD.

3.         At 5.pm on 25 Nov 13, this complainant has received a reply from Appellate Authority, MoD vide 35 (11)/2013/D (Pay/Services) dated 18 Nov 13 stating that my “….appeal was not maintainable…” because the CPIO had replied to my request on 8 Oct 13.

4.         If such a reply had ever received, then filing a First Appeal would not only have been frivolous, vexatitious but also contrary to paths of honour, truth, and justice that I, a senior citizen, have held foremost as principles of my life, even when denied information guaranteed under the RTI Act 2005 (details in Para 10 of the accompanying complaint). Curiously, this reply of 08 Oct 13 was not received, if it was sent at all  but another reply in another RTI matter from the same Appellate Authority dated 9 Oct 13 (referred to in Para 10 of the Complaint) was received on 15 Oct 13.

5.         In this instant request for information, a photocopy dated 08 Oct 13 being the reply of CPIO has been, inter alia…. “it has been still decided to wait” which is not information requested for in terms of Sec 2 (f) of the RTI Act 2005 (i.e. notings on files, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, reports, and paid for in advance vide IPO enclosed with the RTI application dated 10 Sep 13, over and above application fee paid through RTI Online (MODEF/R/2013/60351 & 60352/D (RTI) dated 11 Sep 13). Further it, the reply dated 8 Oct 13, is still listed in the Pending applications on the RTI online site.

6.         This complainant prays to produce corroborative evidence of such tactics adopted by US (D-Pay/Services) & CPIO and also Director (AG-I) & Appellate Authority in not providing information relevant to an earlier request for information, details of which are provided in Para 10 of this complaint.  

7.         An updated complaint, consequent to receipt of a reply from Appellate Authority dated 18 Nov 13 is submitted for consideration of the Central Information Commission.

Thanking you

Yours truly,
Sd/----------
(S Y Savur)

Encl: Original + one copy with enclosures

Copy without Annexures to: -

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

(2)       Shri P S Walia, Under Secretary (D-Pay/Services) & CPIO, Ministry of Defence, Sena Bhawan, New Delhi – 110 011

*          *          *          *          *          *          *

Right to Information Act, 2005
Updated Complaint under Section 18 before Central Information Commission

INDEX OF COMPLAINT

of Mr SHARAD YESHWANT SAVUR  dated 26th November 2013 with CIC

S No.
Particulars
Page Sr. No. from/ to
1

Original Complaint
2-7
2

Chronology chart of RTI application
8
3


Copy receipt dated 11 Sep 2013 of RTI on line application dated 08 Sep 2013
9, 10
4

Copy of proof of mailing RTI application
10
5


Copy of IPO receipt for filing fees and other charges
-
6


Copy of First Appeal dated 17 Oct 2013 with enclosures
11-14
7

Copy of proof of mailing First Appeal
14
8


Postal AD card/Acknowledgement letter received from CPIO & FAA
-
9

Copy of decision of CPIO
-
10

Copy of decision of FAA dated 18 Nov 13
15
12

Other documents in support of Complaint
16-24


Place: Bangalore - 560038

Date: 26 Nov 13                                                                                 Sd/------------------------
Signature of appellant/complainant

The Right to Information Act, 2005
Updated Complaint under Section 18 before Central Information Commission

Appeal No. -----------------------                                          Dated ------------------------

[For office use only]

*          *          *          *          *

As I am aggrieved by decision of Under Secretary (D-Pay/Services) & Central Public Information Officer, MoD and Director (AG-I) and First Appellate Authority, MoD, I hereby file this complaint under Section 18 for your kind and expeditious decision.

1.         Details of Complainant:

1.1.      Full Name:                 SHARAD YESHWANT SAVUR

1.2.      Full Address:              141, JAL VAYU TOWERS,
                                                            N G E F LAYOUT,
                                                            INDIRA NAGAR (PO),
                                                            BANGALORE – 560 038                   

1.3.      Phone/Cell No.:                     +91 9449676278

1.4.      Email ID:                    sysavur@gmail.com

2.         Details of Central Public Information Officer (CPIO):

2.1.      Name/Designation: Shri P S WALIA,
UNDER SECRETARY, D (PAY/SERVICES) & CPIO

2.2.      Full Address:             MINISTRY OF DEFENCE,
                                                            SENA BHAWAN, NEW DELHI – 110 011

2.3.      Name of Public Authority: MINISTRY OF DEFENCE

3.         Details of First Appellate Authority [FAA]:

3.1.      Name/Designation of the FAA:        SHRI PRAVEEN KUMAR,
DIRECTOR (AG-I) & APPELLATE AUTHORITY

3.2.      Full Address of FAA: MINISTRY OF DEFENCE,
                                                            Room No 103, SENA BHAWAN, NEW DELHI – 110011

4.       Dates of RTI application/first appeal:

4.1.      To CPIO:  By RTI Online vide M of D ID No. MODEF/R/2013 (60351 & 60352)/D (RTI) dt 11 Sep 2013 and SYS/RTI/MoD/NFU dated 10 Sep 13 by Speed Post                                                                            (Annexure ‘A-1’ and ‘A-2’)

4.2.      To FAA: 17 Oct 13                                         (Annexure ‘B’).

5.         Particulars of Decisions:

5.1.      Reference No & Date of CPIO Decision: N0. 35 (11)/2013 – D (Pay/Services) dated 08 Oct 13; photocopy received with order of Appellate Authority; Original missing in post.

5.2.      Reference No & Date of FAA’s Decision: No. 35 (11)/2013 – D (Pay/Services) dated 18 Nov 13

5.3.      Date/s of personal hearing by FAA: Not Requested by appellant.

6.         Dates of receipt of replies by appellant from:

6.1.      CPIO:                           NOT RECEIVED  

6.2.      FAA:                                         25 Nov 13 (5 pm)                  (Annexure C)

7.         Details of information sought:

7.1.      This applicant/appellant/complainant, inviting the attention of CPIO, MoD (D-Pay/Services), with reference to DOP & T OM No - AB. 14017/64/2008-Estt.(RR) dated 24.04.09 on the subject of Non-Functional upgradation for Central Government officers and subsequent OMs, was requested for information, in terms of Sec 2 (f) of the RTI Act 2005, on decision to extend or not to extend the benefit of Non-Functional Upgradation to eligible Armed Forces personnel way of notings on files, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, reports, papers, data in support of decisions and also any relevant material held in electronic form.

7.2.      This applicant/appellant/complainant attached an Indian Postal Order Number 65G 724817 of a value of Rs 50/- payable at New Delhi to Accounts Officer (DAD), Ministry of Defence (Civil) was enclosed as application fee + advance payment of Rs 40/- for 20 pages @ Rs 2/- per photocopied sheet of information alongwith the application dated 10 Sep 13 to preclude any delays by CPIO in providing information (Annexure A-2).

7.3.      It was reiterated, for health reasons (borderline hyper-tension, elevated cholesterol levels and impaired glucose tolerance) provided in previous correspondence with MoD (D-Pay/Services), that this applicant/appellant may not be requested to visit the offices of MoD to search files etc and then seek photocopies of relevant material. This applicant/appellant/complainant requested that he may be apprised, as has been done earlier, the amount to paid @ Rs 2 per page of photocopied information to enable expeditious compliance by this applicant/appellant to obtain the information.
8.         Brief facts of the case
8.1.      As per the DOP&T OM No - AB. 14017/64/2008-Estt.(RR) dated 24.04.09 on the and subsequent OMs on Non-Functional Upgradation (NFU), this applicant/appellant requested information to understand reasons for inapplicability or otherwise of the said NFU to eligible personnel of the Armed Forces.
8.2.      Till date MoD, as Competent Ministry/Authority, has neither conveyed that NFU will not be implemented for Armed Forces personnel nor when will  MoD implement the NFU for eligible Armed Forces Officers.

9.         Reasons/grounds for this complaint:
9.1.      Reasons for this Complaint: -    No reply was received from US & CPIO (D-Pay/Services) MoD to application dated 08 Sep 13 (by RTI on line) or by Speed Post dated 10 Sep 13 within the time frame stipulated under the RTI Act 2005 so the First Appeal was filed on 17 Oct 13.
9.2.       The First Appeal was filed with Director (AG-I) & Appellate Authority, Ministry of Defence on 17 Oct 13. This appeal elicited a reply dated on 18 Nov 13, which was and was received by this applicant/appellant on 25 Nov 13 (photocopy of envelope at Annexure C). Curiously, the Order stated that the CPIO had sent a reply on 08 Oct 13, a photo-copy of which was attached. 
9.3.      This applicant/appellant maintains the envelopes with the postal franking in case of any doubt on the date that any information is delivered by India Post to this applicant/appellant till the matter is resolved by the Appellate Authority or the O/o CIC, as necessary.   
9.3.      Grounds for this Complaint:       Unsatisfactory/incomplete Reply from CPIO as only a photocopy has been received attached to the Order of the Appellate Authority.
10.       Any other information in support of Complaint:

US & CPIO (D-Pay/Services) and Director (AG-I) and Appellate Authority have treated an earlier RTI application by denying information (i) citing no records, especially when UoI/MoD has been the Respondent or Petitioner or Appellant in the Rank Pay matter in Maj (retd) Dhanapalan Vs UoI (OP 2448/1996 and W.A. No. 518/1999 in the Hon’ble High Court of Kerala) and UoI Vs Lt Col N K Nair & others in TP (C) No. 56 of 2007 and IA No. 9 of 2010 in the Hon’ble Supreme Court, or (ii) any other information requested that appears to be inconvenient for them to provide. One example is as follows: -

10.1.   In an earlier request dated 24 Jun 13 for information to provide a Statement of Case (SoC), there was no response within the time limits fixed by the RTI Act 2005, from the same US (D-Pay/Services) & CPIO for the specific request was for a copy of the SoC of the MoD to be sent to the Ld Attorney General for India, consequent to the decision of the Hon’ble Raksha Mantri on 14 Jun 2013 in the Rank Pay case and to the first Appeal made on 12 Aug 13.

10.2    In the above referred request for information dated 24 Jun 13, to which the US (D-Pay/Services) & CPIO provided a vague, even false reply, the Appellate Authority provided 491 pages demanding a payment of Rs 982/-.

10.3.   Therefore, it was obvious that Appellate Authority provided incorrect information nearly three months later, vide MoD No. 35 (1)/2013/D (Pay/Services) dated 20 Sep 13 (photocopy attached as Annexure D) and received by this appellant on 08 Oct 13 (photocopy of envelope at Annexure D, reverse side).

10.4.   Fortuitously, from information obtained under RTI from MoF, DoE [vide I. D. No. 187654/E.III-A/2012 dated 05 Jul 13, (photocopy at Annexure E)], indicated that the MoD (i.e D-Pay/Services) had not prepared even a draft SoC for the opinion of Ld Attorney General of India. Based on this information, this appellant returned the 491 pages of infructuous material vide SYS/RTI/MoD/2013 dated 9 Oct 13 (Annexure F).

10.5.   MoD letter of even reference dated 09 Oct 13 (photocopy at Annexure G) in response to advance information of intention to file a Second Appeal (dated 30 Sep 13) reiterated the same as the letter of 20 Sep 13. 

10.6.   It was obvious that US MoD (D-Pay/Services) & CPIO and Director (AG-I) MoD & Appellate Authority were thwarting a genuine request for information by overwhelming this appellant with voluminous but, incorrect and, irrelevant information. This was brought out by this then applicant/appellant letter in a more detailed manner on 15 Oct 13 (photocopy at Annexure H) to which there is no refutation by the Appellate Authority till date of mailing this complaint .

10.7.   On 30 Sep 13, this complainant had filed a Second Appeal against the above Director (AG-I) MoD & Appellate Authority and the US (D-Pay/Services) & CPIO, MoD for not responding to (i) the request for information dated 24 Jun 13 and (ii) First Appeal dated 12 Aug 13 eliciting the information provided by MoD vide its letter dated 20 Sep 13.

10.8.   The undersigned withdrew that Second Appeal in the hope that the authorities entrusted with implementing the RTI Act 2005 would, thenceforth, take necessary corrective action and comply with the RTI Act 2005 in letter and in spirit (notwithstanding the fact that Appellate Authority providing information which was not relevant to the undersigned’s request and further demanding that this applicant/appellant pay Rs 982/- for 491 pages of information which was irrelevant to the request.  

11.       Prayer/relief sought for: Information may be provided, as requested vide this applicant/appellant/complainant’s request dated 08 Oct 13 by RTI online and 10 Sep 13 by Speed Post, in sanctioning or not sanctioning Non-Functional Upgradation for eligible Armed Forces officers in terms of Sec 2 (f) of the RTI Act 2005.

12.       Grounds for prayer/relief sought for:

12.1.   This applicant/appellant/ complainant has factually and truthfully not received information from US (Pay/Services) & CPIO within 30 days from date of receipt of the applications dated 08 Sep 13 or 10 Sep 13.

12.2.   If at all the MoD reply as stated vide MoD No. 35(11)/2013/D-Pay/Services dated 18 Nov 13 has been despatched, this complainant may be provided the Speed Post/RPAD article number to take up the matter with India Posts, for non-delivery, with a similar request that CPIO and Appellate Authority do the same.

12.3.   In the reply No. 35 (11)/2013/D (Pay/Services) dated 08 Oct 13, CPIO states “…..it has been decided to wait.” This does not provide information as per Sec 2 (f) on the decision to implement NFU for Armed Forces personnel or not to do so.
   
12.4.   Relief Sought: - Applicants/appellants/complainants have to produce proof of mailing, but such an onus is not there on any CPIO or Appellate Authority. Remedial steps may be taken in this regard.
 
This Complainant prays for action under Section 18 of the RTI Act 2005 against the US & CPIO (D-Pay/Services) MoD and Director (AG-I) & Appellate Authority, MoD., including any deterrent punishment as deemed fit by the O/0 CIC for grounds given in the RTI website explaining the aims of Section 18.  
 
13.       Personal Presence at hearing: NO

14.       Declaration: I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.


Place: Bangalore                                                                    Signature of Complainant

Date: 26 Nov 2013

CHRONOLOGICAL CHART OF RTI COMPLAINT

of Mr. SHARAD YESHWANT SAVUR dated 26th NOVEMBER 2013

S No.
Action
Date
1
Application mailed to CPIO
By RTI Online

By Speed Post

08 Sep 13

10 Sep 2013

2
Application received by CPIO
Not Known

3
Date of receipt of letter for paying charges
Not Applicable

4
Date of remitting charges to CPIO
10 Sep 2013 with original application

5
Date of decision of CPIO
Not Received in Post

6
Date of receipt of decision of CPIO by appellant
Not Applicable

7
First Appeal mailed to FAA on
17 Oct 2013

8
Date of receipt of appeal by FAA
22 Nov 13

9
Date(s) of personal hearing by FAA
Not Applicable

10
Date of decision of FAA
18 Nov 13

11
Date of receipt of decision of FAA by appellant
25 Nov 13 (5 pm)

12
Date of Complaint
Original date: 25 Nov 13

Revised on 26 Nov 13  due to receipt of Order of Appellate Authority on 25 Nov 13
(copies without enclosures sent to CPIO & FAA)

13
Date of mailing copy of Complaint to CPIO & FAA
25 Nov 2013 (12.11 pm)
& revised copy on 26 Nov 13
14
Date of mailing Complaint to CIC
26 Nov 2013


Place: Bangalore - 560038

Date: 26 Nov 2013
Signature of complainant

Enclosures: as stated

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