Sunday, 14 December 2014
MoD & MoF tying themselves in knots - Disclosure of Cab Sec Committee Report
Replies to First Appeals by MoD dated 04 Dec 14 received on 12 Dec 14
and MoF dated 09 Dec 14 received on 13 Dec 14
Government of India
Ministry of Defence
No. 35(1)/2013/D (Pay/Services) New Delhi, the 04 December, 2014
Subject: Appeal under RTI Act, 2005 filed by Shri S Y Savur
Reference is invited to the appeal dated 7.11.2014 by Sh S Y Savur received vide MoD ID No. MODEF/A/2014-D (RTI) (61820) dated 11.11.2014 against the reply given by CPIO, D (Pay/Services), MoD vide letter No. 35 (1)/2013/D (Pay/Services) dated 21.10.2014.
2. I have considered the aforesaid appeal on the basis of the facts submitted by the appellant and the information provided available with the CPIO. The grievance of the appellant is that the CPIO has transferred his request for a copy of the Committee of Secretary Report to Ministry of Finance (Deptt of Expenditure) when MoD itself has a copy of the Report.
3. The CPIO transferred the request to Ministry of Finance (Deptt of Expenditure) as they were the serving Ministry, for the said Committee. Further, the report of the Committee has been classified as ‘Secret.’ Therefore, the decision to give a copy of the Committee Report is to be taken by that department only. Accordingly transfer of the request of the appellant to Ministry of Finance (Deptt of Expenditure) for providing a copy of the Report is in order.
4. However, CPIO D (Pay/Services), MoD has been directed to ascertain the status from CPIO, Ministry of Finance (Deptt of Expenditure) with regard to the endorsement dated 21.10.2014 under intimation to the appellant. And if a copy of the said report has not been provided to the applicant so far, is there any objection under Section 8 (1) (i) of the RTI Act, 2005, from their side in respect of disclosure/providing the same by Ministry of Defence.
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
No. 35 (1)/2013/D (Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 04 December, 2014
Subject: Seeking information under RTI Act – 2005: Shri S. Y. Savur
The undersigned is directed to refer to this Ministry’s letter of even number dated 21.10.2014, addressed to Shri S. Y. Savur of Bangalore and copy endorsed to US & CPIO (EV), Ministry of Finance (Deptt of Expenditure) vide which RTI application dated 4.10.2014 of Shri S. Y. Savur was transferred for providing a copy of the Report of the Cabinet Secretary Committee (copy enclosed). Earlier, CPIO D/Expenditure had not provided a copy of this report to one Shri Aditya Singh stating that it qualifies for exemption under provision to rule 8 (1) (i) of the RTI Act, 2005 vide letter 128/EV/RTI/2013 dated 4.9.2013 (copy enclosed). Shri Savur has filed an appeal in this Ministry (copy enclosed). In view of the above, it is requested to intimate whether a copy of the said Report has been provided to Shri S. Y. Savur w.r.t. this Ministry’s endorsement dated 21.10.2014. And if a copy of the said report has not been provided to the applicant so far, is there any objection under section 8 (1) (i) of the RTI Act, 2005 from their side in respect of disclosure/providing the same by Ministry of Defence.
Under Secretary & CPIO
CPIO & US (EV),
Ministry of Finance,
Department of Expenditure,
Encl: as above
Copy to: - Shri S Y Savur, 141, Jal Vayu Towers, NGEF Layout, Indira Nagar (PO), Bangalore - 560038
APPELLATE AUTHORITY US/19 (1) OF THE RTI ACT 2005 & DIRECTOR
DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE
Case No. AA/21/2014
Name of the Appellant: Shri Sharad Yeshwant Savur
CPIO (EV), Department of Expenditure, Ministry of Finance
Subject: Appeal under Section 19 (1) of the RTI Act 2005
The appellant has filed an appeal dated 19.11.2014, received by the First Appellate Authority on 24.11.2014 under Section 19 (1) of the RTI Act, 2005 in respect of his RTI applications dated 04.10.2014 and 07.11.2014.
2. I have carefully gone through the facts as available in the file and found that although orders relating to recommendations of the Cabinet Secretary Committee regarding pension have been issued and pay related matter has been referred to 7th CPC by MoD, but the process of downgrading the Security grading of the relevant file is not yet complete. This Department has not received any communication from MoD confirming that the security grading of the concerned file has been downgraded. Hence, the reply given by CPIO (EV) to the applicant vide letter No. 202/EV/RTI/2014 dated 05.11.2014 and 203/EV/RTI/2014 dated 05.11.2014, is correct.
3. The appeal is disposed off.
(Vijay Kumar Singh)
Director (Administration) and Appellate Authority
1. Shri Sharad Yeshwant Savur, 141, Jal Vayu Towers, NGEF Layout, Indira Nagar (PO), Bengaluru - 560038
2. US & CPIO (EV)
3. Record copy/