BY SPEED POST
Right to Information Act, 2005
Second Appeal No.
[For Office Use only]
INDEX OF SECOND APPEAL
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S No.
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Subject
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Dated of origin
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Annexure
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Page(s) Number(s)
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Related to this Second Appeal
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||||
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1
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Index
of this Second Appeal
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-
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-
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1
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2
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Second
Appeal
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05.6.2019
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-
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2-4
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3
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MoD
237/RTI/2014/D (P/P) – Part II on the constitution of an Internal Committee
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20.2.2019
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A
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5-8
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4
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Request
No. DEXSW/R/2019/50344
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03.4.2019
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B
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9
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5
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Reply
by CPIO vide 237/RTI/2014/D (P/P) – Part II
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07.5.2019
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C
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10-11
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6
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First
Appeal No. DEXSW/A/2019/60049
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07.5.2019
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D
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12-13
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7
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FAA
Order in Appeal vide 237/RTI/2014/D (P/P) – Part II
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03.6.2019
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E
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14
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Place: Bengaluru - 560038
Date: 5th June 2019 (S.
Y. SAVUR)
Name
of the applicant/Appellant
* * * * * * *
Right to Information Act, 2005
Second Appeal before Central
Information Commission
Submitted under Section 19 of the
Right to Information Act -2005
1. Name
and Address of the Appellant: Air Marshal S Y Savur PVSM AVSM (retd); 141,
Jal Vayu Towers, NGEF Layout, Indira Nagar (PO), Bengaluru - 560038
2. Name
and address of the Central Public Information Officer to whom the application
was addressed: - Shri Ashok Kumar, CPIO & Under Secretary, Deptt of
Ex-Servicemen’s Welfare (Pen/Pol), Ministry of Defence (MoD), Sena Bhawan, New
Delhi - 110011
3. Name
and address of the Central Public Information Officer who gave reply to the
application: - Shri Ashok Kumar, CPIO & Under Secretary, Deptt of
Ex-Servicemen’s Welfare (Pen/Pol), Ministry of Defence (MoD), Sena Bhawan, New
Delhi - 110011
4. Name
and address of the First Appellate Authority Appeal: - Shri A K Agrawal,
First Appellate Authority & Deputy Secretary, Deptt of Ex-Servicemen’s
Welfare, Ministry of Defence (MoD), Sena Bhawan, New Delhi – 110 011
5. Name
and address of the First Appellate Authority Appeal who passed order on the
appeal: - Shri A K Agrawal, First
Appellate Authority & Deputy Secretary, Deptt of Ex-Servicemen’s Welfare,
Ministry of Defence (MoD), Sena Bhawan, New Delhi – 110 011
6. Particulars
of the application and reply, including number and date, name and address of
CPIO to whom the application was made: -
(a) RTI Online Application No.
DEXSW/R/2019/50344 dated 03.4.2019 (Annexure
B)
(b) Reply vide F No. 237/RTI/2014/D (P/P) –
Part II dated 07.5.2019 (Annexure C)
(c) Shri Ashok Kumar, CPIO & Under
Secretary, Deptt of Ex-Servicemen’s Welfare (Pen/Pol), Ministry of Defence
(MoD), Sena Bhawan, New Delhi – 110011
7. Particulars
of the Appeal and Order, including number and date, name and address of FAA against which the appeal is preferred: -
(a) RTI Online Appeal No. DEXSW/A/2019/60049
dated 07.5.2019 (Annexure D)
(b) Order vide F No. 237/RTI/2014/D (P/P) –
Part II dated 03.6.2016 received online on 04.6.2019 (Annexure E)
(c) Shri A K Agrawal, First Appellate
Authority & Deputy Secretary, Deptt of Ex-Servicemen’s Welfare, Ministry of
Defence (MoD), Sena Bhawan, New Delhi – 110 011
8. Brief
Facts leading to Second Appeal: -
(a) Government issued orders for
implementing One Rank One Pension (OROP) to family and Veteran pensioners of
the Armed Forces on 07.11.2015.
(b)
The ibid order included the
constitution of a One Man Judicial Committee (OMJC) of retired Chief Justice
Reddy, (presently Chairman of the Central Administrative Tribunal). The OMJC submitted
its report and recommendations to MoD in October 2016.
(c) After approval of Raksha Mantri, Deptt
of Ex-Servicemen’s Welfare of MoD constituted an Internal Committee (IC) vide F
No. 1 (7)/2016-D (Pen/Pol) dated 19.7.2017 to peruse the recommendations of the
OMJC and advise the MoD on further steps. The convening order for the Internal Committee
was signed by then Under Secretary of Deptt of Ex-Servicemen’s Welfare (Annexure A). Brief details of the Internal
Committee are as follows: -
(i) Shri
Ravi Kant, Joint Secretary, Ex-Servicemen’s Welfare (ESW)
(ii) Shri
R K Karna, Joint Secretary & Additional Financial Adviser (RK) and
(iii) Shri Kanwaldeep Singh, Joint Controller
General of Defence Accounts (Pension)
(d) The
Terms of Reference (ToR) of the IC were
(i) Examine and analyse the recommendations
(ii) To examine the feasibility of
implementation, and
(iii) To work out financial implications.
(e) The Internal Committee was mandated to
submit its report within two months (from the date of its constitution on
19.7.2017.
(f)
The recommendations of the OMJC
were not placed in the public domain, even though there were numerous
assurances made by the Govt to Veterans till 03.4.2019. Therefore, this
applicant/appellant, attaching some information (Annexure A) received from the office of CPIO & US in Deptt of Ex-Servicemen’s
Welfare as supporting document requested vide application DEXSW/R/2019/50344 (Annexure B) for following specific, permissible
information: -
(a)
How many meetings have been held by the (Internal) Committee?
(b)
The dates on which each of meetings were held
(c)
Names and designations of the officers who attended the Internal Committee meetings
including the Chairman and members and on which dates they attended the meetings.
(g) CPIO & Under Secretary, Deptt of
Ex-Servicemen’s Welfare, did not provide the information and instead furnished
a copy of the convening order of the Internal Committee (Annexure C) which was provided by an earlier CPIO (Annexure A) and is irrelevant and
unconnected to the request.
(h) Aggrieved by the CPIO by neither providing
the information requested nor denying it, this appellant filed the first Appeal
No. DEXSW/A/2019/60049 (Annexure D).
(j) In his Order (Annexure E), the FAA has stated that “details of the meetings held are not with CPIO”. Incredulity was the first reaction of this
appellant on reading such a statement.
(k) It is inconceivable that no records are
available with the CPIO & Under Secretary from whose office a signed the
convening order on behalf of Raksha Mantri has been given to the Internal
Committee. It is an established fact the Govt/Ministry/Department/Division
maintains a record of every meeting, even notes of action are put on file after
implementing verbal orders of superior officers and Ministers.
9. Prayer or relief sought: This appellant
prays for the following relief under Section 19: -
(a) CPIO & Under Secretary may be
ordered to provide correct information pertaining to the instant request (Annexure
B). It is for the honourable CIC to consider if such a reply would be
acceptable to the higher officers that Under Secretary in the Deptt of
Ex-Servicemen’s Welfare has no details of a Committee convened under orders of
Raksha Mantri.
(b) FAA be cautioned to ensure that he
applies his mind to ascertain how minutes of meetings and attendance records
are not with his own Under Secretary. It
is matter of grave concern that the Deptt of Ex-Servicemen’s Welfare, more
importantly the Under Secretary who signed the convening order for the
constitution of the Internal Committee is unaware of the meetings of the
Internal Committee that might have taken place.
(c) CIC is requested to impose a penalty under
Section 20 (1) of the RTI Act, 2005 on the CPIO for providing erroneous
information and on the FAA for filibustering, not applying his mind as to how could
important information not be available with the Under Secretary dealing with
the subject matter.
10. Grounds
for the prayer or relief: -
(a) The honourable Prime Minister stated on
the occasion of Diwali in 2014, 2015, 2016 and 2018 that OROP has been fully
implemented. But the administrative Deptt viz. Deptt of Ex-Servicemen’s Welfare
does not, purportedly, possess records of important meetings of decisions that
affect/benefit lakhs of Defence Pensioners.
(b) The honourable PM has been stating that
Armed Forces personnel are most important for maintaining National security.
Today’s serving personnel will retire and will also be affected/benefited by
the MoD implementing recommendations of the OMJC.
(c) OROP affects/benefits 18.5 lakh Defence
Forces family pensioners and Veterans. OMJC was to constituted by late Shri
Manohar Parrikar, then Raksha Mantri in his wisdom to redress grievances, if
any, in the implementation of the OROP scheme in the MoD order of 07.11.2015.
Therefore, either the CPIO and/or FAA are being economical with the truth.
(d) Both
the Under Secretary (& CPIO) as well as the Deputy Secretary (& FAA) of
Deptt of Ex-Servicemen’s Welfare must be aware that they, as per GoI rules, are
custodians of the files concerning their departments. Further, there is an
elaborate procedure in the Central Secretariat Manual of Office Procedure
(CSMoP) on how to record, retain and archive important decisions. Surely a
matter that affects 18.5 lakh Defence Forces pensioners including widows of
those who have laid down their lives in the service of the nation cannot be
treated in such a cavalier manner.
11. Other
Information Related to the Second Appeal
Nil
12. Verification/Authentication
by the Appellant: I hereby verify that the aforementioned facts are true to
the best of my knowledge and belief. I also declare that this matter is not
previously filed with this Commission or is pending with any Court or Tribunal
or Authority. I also declare that I have authenticated all copies attached to
this Second Appeal.
Place: Bengaluru - 560038
Date: 5th June 2019 (S.
Y. SAVUR)
Name
of the applicant/Appellant
* * * * * * *
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