Curiouser and Curiouser (said Alice)

Alice (in Wonderland) used the words, “curiouser and curiouser” to describe the situation that prevails in the MoD.

When I requested for file notings leading to Resolution 1 (E) and 2 (E) in September 2016 (MODEF/R/2016/52749), I was asked to remit Rs 70/- for photocopies if 35 pages of information. In December I was informed that the file is in circulation regarding another matter, and I would be provided the information as soon as the file returns to the section.

When the information on file notings paid for did not arrive, another request was filed (MODEF/R/2017/50746) to which the following reply was received: -

No. 35 (1)/2015/D (Pay/Services)

Government of India

Ministry of Defence

New Delhi, the 12^th April, 2017

To

          Shri S Y Savur,

141, Jal Vayu Towers,

NGEF Layout,

Indira Nagar (PO),

Bangalore – 560038

Subject: Seeking information under RTI Act – 2005

Sir,

          Reference is invited to your on-line RTI application dated 20.3.2017 (Regn No. MODEF/R/2017/50746) and this Ministry’s ID Note of even number dated 16^th December 2016 on the above subject.

2.      The matter has been re-examined and it is stated that 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 (emphasis supplied), which will prejudicially affect the security of the country. The information, can, therefore, not be furnished as provided under Section 8 1 (a) of the RTI Act, 2005. However, the matter regarding returning the amount of Rs 70/0 deposited earlier as the cost of photocopy charges, is separately being taken up with Cash section of MoD.

3.       The Appellate Authority is Ms Manisha Bhatnagar, Deputy Secretary (AG-I), Ministry of Defence, Room No. 102, Sena Bhawan, New Delhi.          

Yours faithfully,

Sd/------------- 12/4/17

(Prashant Rastogi)

Under Secretary & CPIO

A complaint has been filed under Section 18 (1) (b) and (f) of the RTI Act, 2005 with the Central Information Commission on 9^th May 2017 against the CPIO & Under Secretary. It has been highlighted that every one except the Dept of Pay/Services appears to know that the Armed Forces are dissatisfied but their patriotism, their loyalty to India, and military discipline is making them suffer deaths, critical injuries, undertake surgical strikes and anti-terrorist operations.

A reply to another request for information (MODEF/R/2016/53600) for file notings that led to issue of the letter sanctioning one time ad hoc relief and pay arrears, has been annexed to the complaint. The revelation of dissatisfaction in the Services is evident from the file notings and the portion reproduced below: -

-3-

Ministry of Defence

          The foregoing notes may please be perused. This note is in response to DO letter received from AG, Lt Gen Rakesh Sharma (page 3-5/c). The proposal at para 4 (a), (b) and (c) on pre-page is put up for RM’s orders.

2.      In this context, it may be recalled that the Services had put off the implementation of the resolution dated 5^th September 2016 of the Ministry of Defence relating to the implementation of the recommendations of the 7^th CPC as applicable to Defence Services. Subsequently, a direction was issued asking all the three Services to implement the orders forthwith without waiting for their grievances to be redressed. Now, the Army has asked for payment of interim award at the rates mentioned in para 1 at 1/N saying that the issue of the relevant orders fixing pay of the officers and Service personnel will take time. While this is acceptable because of the forthcoming festive season, the flip side is that the Services may defer the actual implementation of the 7^th CPC recommendations after releasing the interim relief on the plea that the grievances are awaiting redressal. The letter of AG mentions this at para 4 (F/X). This is not acceptable in view of RM’s clear directions. Fixation of the pay has to be done forthwith and it should not be held up till the Government addressed the grievances as this is likely to take quite some time (emphasis supplied). In view of these, we may communicate the proposal at para 4 (a), (b) & (c). 

3.                 For approval please.

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

(G Mohan Kumar)

Defence Secretary

30.09.2016

RM   Sd/-----30/09

Def Sec       DO issued  Sd/--------- 1/10

 

-4-

Reference Notes from page 3/n

          The subject matter is regarding a reference received from Lt Gen Rakesh Sharma’s letter to Defence Secretary requesting for payment of an Interim Relief (@ 10% of the existing pay and on DA @ 125%) along with the arrears on adhoc basis, on the grounds that process to issue Special Army/Navy/Air Force instructions for implementing the Government award is time consuming.

Hon’ble Raksha Mantri has give in-principle approval to the Services’ proposal for payment of interim relief on pay along with arrears to pass the benefit of 7^th CPC award to Defence Personnel as soon as possible, keeping in view that the issue of Special Army/Navy/Air Force instructions may take some time. However, the views of the Hon’ble RM has been conveyed to Air Chief Marshal vide DO dated 30-9-2016 from the Defence Secretary, that the three Services HQ must prepare the draft SAI/SNI/SAFI strictly as per the Resolution dated 5^th September 2016 issued by the Ministry, as early as possible. Hon’ble RM further directed that while sending the detailed proposal for payment of interim relief, the time required to prepare and furnish SAI/SNI/SAFI to the Ministry may also be intimated (emphasis supplied).   

          In response to the above mentioned DO dated 30-9-2016, we have now received the DGL for payment of interim relief @ 10% of existing Basic Pay plus Dearness Allowance (DA @125%) along with arrears. The adhoc payment is proposed to be paid only to those personnel who were in service as on 1-1-2016 and continue to be in service and the amount so paid will be adjusted against the final computation of arrears on the revised pay scales. The pay being drawn as on 1-1-2016 will be reckoned for calculating the arrears.

          In view of the above, we may recommend the proposal to the Defence (Finance) (AG/PA) for their concurrence and countersignature of the draft DGL which is placed opposite. JS (E) may kindly approve before the file is sent to Defence (Finance).

Sd/---------

(Laxmi)

5/10/16

SO (P/S)

US (P/S) on leave

Dir (AG-I)  Sd/--------5/x

JS (E) Sd/------------5/10/16

Dir (AG-I)5/x

AFA (AG/PA)     Sd/---------6/10/16

Now, the case of the (7^th CPC) Pay Rules for Army and Air Force but Pay Regulations for the Navy.

If one goes to the MoD website (Dept of Defence, then Employees Corner), one sees Army Pay Rules 2017 (for Officers and Other Ranks separately) and Air Force Pay Rules 2017 (for Officers and Other Ranks separately) enacted under Section 309 of the Constitution of India, whereas the Navy Pay Regulations 2017 (emphasis supplied) is enacted under Section 184 of the Navy Act 1957.

A walk though the Army Act 1950 and the Air Force Act 1950 (www.mod.nic.in/writereaddata/TheArmyAct1950.pdf  & http://www.lawzonline.com/bareacts/air-force-act/air-force-act.html  respectively) shows that there are similar Sections in both the Acts of Parliament but they have not been used.

Here is a table for those who want details: -

Army Act 1950	Navy Act 1957	Air Force Act 1950
Section 191. Power to make rules. (1) The Central Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the power conferred by sub- section (1), the rules made thereunder may provide for- (a) the removal, retirement, release or discharge from the service of persons subject to this Act; (b) the amount and incidence of fines to be imposed under section 89; (c) omitted by Act 37 of 1992, s. 18. (d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts; (e) the convening and constituting of courts- martial and the appointment of prosecutors at trials by courts- martial; (f) the adjournment, dissolution and sitting of courts- martial; (g) the procedure to be observed in trials by courts- martial and the appearance of legal practitioners thereat; (h) the confirmation, revision and annulment of, and petitions against, the findings and sentences of courts- martial; (i) the carrying into effect of sentences of courts- martial; (j) the forms of orders to be made under the provisions of this Act relating to courts- martial, transportation and imprisonment; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 99, and the due carrying out of such decisions; (l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non- commissioned officers of the regular Army, Navy and Air Force when acting together; (m) any other matter directed by this Act to be prescribed.	No Section for Power to make Rules	Section 189. Power to make rules. – (1) The Central Government may make rules for the purpose of carrying into effect the provisions of this act. (2) Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for- (a) the removal, retirement, release or discharge from the service of persons subject to this Act ;  (b) the amount and incidence of fines to be imposed under section 90; (c) the specification of the punishment which may be awarded as field punishments under sections 77 and 82 ; (d) the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts ; (e) the convening and constituting of courts-martial and the appointment of prosecutors at trials by courts-martial; (f) the adjournment, dissolution and sitting of courts-martial; (g) the procedure to be observed in trials by courts-martial and the appearance of legal practitioners thereat ; (h) the confirmation, revision and annulment of, and petitions against the findings and sentences of courts-martial; (i) the carrying into effect of sentences or courts-martial; (j) the forms of orders to be made under the provisions of this Act relating to courts-martial, transportation, imprisonment and detention; (k) the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 100 and the due carrying out of such decisions ; (l) the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and non-commissioned officers of the regular Army, Navy and Air Force when acting together; (m) any other matter directed by this Act to be prescribed.
Section 192. Power to make regulations. The Central Government may make regulations for all or any of the purposes of this Act other than those specified in section 191. 1. See Army Rules, 1954, Gazette of India, 1954, Pt. II, sec. 4, p. 291.	Section 184. Power to make regulations.—(1) The Central Government may, by notification in the official Gazette, make regulations for the governance, command, discipline, recruitment, conditions of service and regulation of the Sec. 184] naval forces and generally for the purpose of carrying into effect the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the rank, precedence, powers of command and authority of officers and sailors in the naval service; (b) the relative rank, precedence, powers of command and authority of officers and sailors in the naval service in relation to members of the regular Army and the Air Force; (c) the cases in which, and the conditions subject to which powers of punishment may be exercised under sub-section (2) of section 7; (ca) the retirement, discharge and dismissal of persons in the naval service; (cb) the authority to which any matter referred to in section 19A may be referred and the manner in which an enquiry may be made by that authority; (d) the convening and constitution of courts-martial and the appointment of prosecutors at trials by court-martial; (e) the adjournment, dissolution and sittings of courts-martial; (f) the procedure to be observed in trials by courts-martial, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat; (g) the forms of orders to be made under the provisions of this Act relating to courts-martial and the awards and infliction of death, imprisonment and detention; (h) the carrying into effect of sentences of courts-martial; (i) any matter necessary for the purpose of carrying this Act into execution as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act; (j) the terms and conditions of service, the pay, the pensions, allowances and other benefits of persons in the naval service, including special provision in this behalf during active service; (k) the ceremonials to be observed and marks of respect to be paid in the naval service; (l) the convening of, the constitution, procedure and practice of boards of inquiry, the summoning of witnesses before them and the administration of oaths by such boards; (m) the computation of time of absence without leave or custody of deserters and absentees without leave; (n) any matter relating to the realisation and disposal of the estates of officers or sailors who are deceased, ascertained to be of unsound mind or reported missing on active service; (o) the enquiry into the conduct of prisoners of war, and their pay and allowances; [Sec. 184 (p) the provision to be made for the wives and children of prisoners of war or missing persons; (q) the procedure relating to the exercise of powers under section 163; 1[(qa) the amount required to be prescribed under clause (b) of section 176;] (r) any other matter which is to be, may be, or is required to be, prescribed under this Act. Section 184A. Power to make regulations with retrospective effect.—The power to make regulations conferred by this Act shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the regulations or any of them, but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.] Section 185. Regulations to be laid before Parliament.—Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.	Section 190. Power to make regulations.- The Central Government may make regulations for all or any of the purposes of this Act other than those specified in section 189.
Section 193. Publication of rules and regulations in Gazette. All rules and regulations made under this Act shall be published in the Official Gazette and on such publication, shall have effect as if enacted in this Act.	No Section for publication in Gazette	Section 191. Publication of rules and regulations in Gazette.- All rules and regulations made under this Act shall be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Act.

 Have a nice day

Jai Hind