By Speed Post – Article EK528283447IN of 15 Dec 2014
Veteran Air Marshal S Y Savur PVSM AVSM
141 Jal Vayu Towers,
Cellphones: +919449676278 N G E F Layout,
+ 919688782227 Indira Nagar (PO),
Email: firstname.lastname@example.org Bengaluru – 560 038
Blog: URL: sharad10525.blogspot.in 15th December 2014
Shri Manohar Parrikar, MP
Hon’ble Raksha Mantri,
Ministry of Defence,
104, South Block, New Delhi – 110 011
SOME ASSISTANCE IN UNDERSTANDING
OF THE WORKING OF MINISTRY OF DEFENCE
Dear Hon’ble Raksha Mantriji,
I have read in the newspapers and heard in TV news broadcasts that you want to understand how your Ministry of Defence works.
2. Utilising the RTI Act, 2005 from November 2012 onwards, I too have been endeavouring to understand how the Ministry of Defence works, especially in treating Veterans, more commonly known as Ex-Servicemen, in different aspects of pensions, disability benefits, release of funds to the Ex-Servicemen’s Contributory Health Scheme (ECHS), and above all the logic/rationale in filing of hundreds of appeals, Special Leave Petitions, Writ Petitions, the odd Review Petitions, as well as the final stage in the Hon’ble Supreme Court, the Curative Petition.
3. MoD has wasted much more funds in paying the Govt’s law officers to file or defend its own briefs than what it would have cost MoD to pay the Veterans/NoK. Needless to add, MoD has lost at least 90% of the cases (including the most recent one where the CJI headed Bench ruled against the MoD. My RTI Online request to the Deptt of Ex-Servicemen’s Welfare (DEXSW/R/2013/60027) in September 2013 was transferred to the Armed Forces, who cannot/do not maintain records and a Second Appeal before the CiC is pending.
4. I am enclosing an anthology, titled “Twists in the Tales,” compiled from the disclosures by MoD and CGDA. I hope it gives you a more complete perspective of how the MoD and its affiliates work in the Rank Pay Case of UoI/MoD Vs Lt Col N. K. Nair & Others.
With Best Wishes
What is the Twists in the Tales
On 8th March 2010, the Hon’ble Supreme Court ordered that amount of Rank Pay deducted in 1987 prior to revision of Pay in the Integrated Scale was wrong in Transfer Petition (Civil) No. 56 of 2007.
This judgment was followed by an uncharacteristically fast and furious exchange of notes, meetings, legal consultations and it ended with filing Interlocutory Application No. 9 of 2010 in TP (C) No. 56 of 2007.
The Twists in the Tales is a compendium of the notes from the files of the Office of the Controller General of Defence Accounts (O/o CGDA), Ministry of Defence (MoD), and its Division of Finance/Defence to have the Hon’ble Court recall, modify, re-hear de novo the case of UoI Vs Lt Col N K Nair & Others.
It is also the revelation of how CGDA, primarily an audit and accounting service, which sets the implementation methodology for the MoD letter dated 27th December 2012.
MoD appears to accept that 'conflict of interest,' especially as it has a Defence (Finance) division, headed by a Secretary, who in any case is an IDAS officer, promoted from the office of the Controller General of Defence Accounts!
Who will audit the CGDA in the Rank Pay case and the methodology? Would CGDA audit itself and then do what if there are faults - as indeed pointed out by the (now late) Attorney General for India? Practice nepotism by not holding itself accountable?
One shudders to think what would have happened if the C & AG went about deciding implementation methodology for the 2G spectrum case and also the Coal mines allotment case. Could C & AG then have audited itself and found the loss to the Public exchequer of the lakhs of crores of rupees? And, most importantly, laid the blame at its own doorstep?