By Regd Post
No. 35 (1)/2015/D (Pay/Services)
Government of India
Ministry of Defence
New Delhi, the 18th November 2016
Shri S Y Savur
Subject: Seeking Information Under RTI Act - 2005
Reference MoD ID No. MODEF/R/2016/52881/D (RTI) dated 20.10.2014 (sic) recd on 24.10.16 by the CPIO forwarding therewith your RTI application dated 19.9.2016 on the above subject.
2. The information/notings in the MoD file on pay and allowances of the Armed Forces cannot be provided because the information can be used to create dissatisfaction/unrest in Defence Forces which will prejudicially affect the security of the country. The information can, therefore, not be furnished as provided under Section 8 (1) (a) of RTI Act, 2005.
3. The Appellate Authority is Shri Preet Pal Singh, Director (AG-I), Ministry of Defence, Room No 102, Sena Bhawan, New Delhi.
Under Secretary & CPIO
BY REGISTERED POST – ACK DUE
RK362496906IN dated 15/12/2016 at 10:47 am
S. Y. Savur 141, Jal Vayu Towers,
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FA/RTI/MODEF-52881/2016 15th December, 2016
Shri Preet Pal Singh,
Director AG (I) & First Appellate Authority,
Ministry of Defence,
Room No. 102, Sena Bhawan,
New Delhi – 110 011
First Appeal against order of CPIO and Under Secretary, D (Pay/Services) vide MoD letter No. 35 (1)/2015/D (Pay/Services) dated 18 Nov 2016
Received by Speed Post on 14 Dec 2016
I file this First Appeal as I am aggrieved by order of CPIO & Under Secretary, D (Pay/Services) who has not provided information that I requested for vide MODEF/R/2016/52881 i.e a photocopy file notings that were issued in September 2008 i.e 8 years ago in respect of Special Army/Navy/Air Force Instructions 1/S/2008 for PBOR, 2/S/2008 for Officers and 3/S/2008 on placing Lt Cols (and equivalents) in PB-4 and Grade Pay of Rs 8000/-.
2. The subject matter, other than complete file notings, has been disclosed quite extensively, amongst others, in the following replies to requests for information under the RTI Act, 2005: -
(a) MoD letter No. 237/RTI/D (P/P) dated 30.11.2015,
(b) MoD letter No. 21(1)/2015 – D (PCC) dated 8.12.2015 requesting payment of Rs 130/- for 65 pages of information pertaining to MoD’s comments for 7 CPC,
(b) MoD letter No. 237/RTI/S (P/P) dated 16.5.2016 requesting payment of Rs 84/- towards photocopying charges for 42 pages of information regarding CSC – 2009 and CSC - 2012.
(b) MoD ID No. PC-237/RTI/D (P/P)/2014 dated 13.06.2016
(b) File notings etc of MoD File No. 10 (1)/2009/D (Pen/Pol) processing the Cabinet Secretary Committee (CSC) Recommendations of 2009,
(c) File notings etc of MoD File No. 12 (11)/2012/D (Pen/Pol) processing the Cabinet Secretary Committee (CSC) Recommendations of 2012,
(d) File notings etc of MoD File No. 21 (1)/2015- D (PCC) on Note 26 dated 08 May 2015 processing comments for the Seventh Central Pay Commission,
(e) Photocopy of MoD ID No. 22/S/2014 – D (PCC) addressed to Shri D K Rai, Director, Seventh Central Pay Commission of same date.
3. The above (MoD) disclosed information is already in the public domain at Aerial View blog (URL: sharad10525.blogspot.in). There has been no dissatisfaction or unrest in the Defence Forces with respect to the ibid SAI/SNI/SAFI. The so called dissatisfaction, if any, has been addressed by two Cabinet Secretary Committees (CSCs) whose reports have already been disclosed by MoD.
4. Therefore, the CPIO & US D-Pay/Services is not being truthful and is resorting to a blatant attempt to conceal information requested for by the indiscriminate use of Section 8 (1) (a) of the RTI Act, 2005.
5. Being aggrieved, it is requested that the First Appellate Authority may order CPIO & US D (Pay/Services) to provide the information.
(S Y Savur)