MoD still deciding on implementing the Ld Attorney General's opinion of 3.9.2013

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 by RTI Online vide Ref No. MODEF/R/2013/60605/D(RTI) dated 11 Oct 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 RTI Online: 11.10.2013               

(ii)       Mailed on: 11.10.2013 respectively

(iii)      Date of Receipt by MoD – D RTI): 11 Oct 13 vide ID No. MODEF/R/2013/(60605)/D(RTI)         

(iv)      Date sent by D(RTI) to  US (Pay/Services) & CPIO:  14 Oct 13

4. Particulars of payment of filing fee + additional fee: -

(i)        Application fee of Rs 10/- by Internet banking for RTI Online

5. Details of information sought: -

Please provide information relevant to MoD’s decision in the above quoted letter of the Ld Attorney General for India comprising records, documents, memos, U.O., O.M., e-mails, opinions, advices, circulars, orders, logbooks, reports, papers, etc, i.e.

(a)      To issue or not to issue another implementation order/corrigendum to MoD letter dated 27 Dec 12 referred above incorporating the ibid opinion of the Ld Attorney General approval(s), and/or

(b)       Seeking further opinion of of CGDA, Def/Fin and MoF in the matter of implementation of the opinion of the Ld Attorney General of India.

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: - Based on remarks of O/o CGDA Note No. AT/I/1483/RB/X(PC)/V dated 23.5.2013 and MoF, DOE ID No. 187654/E.III-A/2012 dated 05.07.2013, on the Service HQ SoC dated 02 Apr 13, the Ld Attorney General for India had given his opinion dated 03 Sep 13 on the order of MoD F No. 34(6)/2012/D(Pay/Services) dated 27.12.2102 in implementing the order of the Hon’ble Supreme Court in I.A. No. 9 of 2010 in UoI & Others Vs  N.K. Nair & Others.  

8. Reasons/grounds for this appeal: - Refusal by CPIO to provide information.

9. Any other information in support of appeal: Nil         

10. Prayer/relief sought for: - Please provide me with copy of the complete information on decision to implement or not to implement the opinion of the Ld Attorney General for India’s opinion of 03 Sep 13 in the Rank Pay matter.

11. Grounds for prayer/relief sought for: - Refusal of US & CPIO (Pay/Services) to provide the information.

12. Personal Presence at hearing: - No

13. Enclosures: - Photocopies of

(i) Original RTI application with its enclosures: -           attached

            (ii)   Postal proof of mailing by RTI: -                               attached

(iii)  Acknowledgement of MoD - D (RTI): -                                            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:   15^th November 2013                  Signature of appellant
[P.S. Format as per office memorandum dated 09-07-2007 issued by DoP&T, Govt. of India.]

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Reply: Received on 08 Jan 2014

Government of India

Ministry of Defence

No. 35(1)/2013/D (Pay/Services)                                                New Delhi, the 12^th December 2013 

ORDER

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

            Reference is invited to online Appeal forwarded by D(RTI) section vide No. MODEF/A/2013/60073/D(RTI) dated 21.11.2013 (recd. On 25.11.2013) filed by Shri S Y Savur            against non-response within the time limit by CPIO of MoD to his RTI application dated 11.10.2013 regarding decision of MoD to implement or not to implement the opinion of Ld Attorney General of India dated 3.9.2013 given in the Rank Pay case.

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 RTI request dated 11.10.2013 (received on 17.10.2013) has already been considered in the section ad reply has already been sent to you on 14.11.2013 which may have been received by you now. 

3.         The appeal is, thus, not maintainable against the CPIO of MoD. However, a copy of MoD reply dated 14.11.2013 is again sent to you for information. It is further stated that your RTI application dated 25.10.2013 has also been transferred to this section by MoF. In this connection it is stated that the Rank Pay matter after opinion of Ld AG dated 3.9.2013 in under consideration in MoD in consultation with CGDA, Defence (Finance) and MoF.    

                                                                                                            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

Encl: as above

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