To Query Whether RDOA has worked out entitlements

 Please recollect

Quote

3.       Accordingly, consolidated modalities modifying the existing SAIs/SNIs/SAFIs to the extent specified hereunder are being promulgated for the implementation of the ibid Court order.

Section-I : Modifications effective from 01 January 1986 to 31 December 1995 (SAI/SNI/SAFI 1/S/87)

4.       As the judgment is applicable to all officers upto the rank of Brigadier & equivalent the pay scale mentioned at Para 3 of SAI/SNI/SAFI 2/S/87 stands amended.  The following revised integrated scale will be admissible to officers of the rank of 2^nd Lt to Brigadier and equivalents wef 01 Jan 1986.

2300-100-3900-150-5850-200-6650

5.       On 01 January 1986 the pay of all officers will be fixed again in the integrated pay scale in the following manner:-

(a)      For the purpose of re-fixation the pay drawn by an officer on 01.01.86 in the existing scale of 3^rd CPC will be considered.  The pay such drawn will be enhanced by the following fixation formula to arrive at the revised pay: -

(i)      An amount representing 20% of the basic pay in the scale drawn by officer on 01.01.86 shall be added to the “existing emoluments” of the officer.

(ii)     Thereafter, the officer’s pay will be re-fixed, without deducting the rank pay as was done earlier, in the integrated scale at para 4 above, at the stage next above the amount thus computed.

(iii)    In case the stage of fixation falls below the minimum pay for the rank held by the officer on 01 Jan 86 as prescribed in the table below, the pay will be stepped up to such minimum provided the officer has completed the length of reckonable commissioned service indicated in the same table.

Rank	Minimum pay in the integrated scale	Reckonable years of service for the purpose of pay
Lieutenant & equivalent	2500	2
Captain & equivalent	3000	5
Major & equivalent	4050	11
Lt Col & equivalent	4800	16
Colonel & equivalent	5500	20
Brigadier & equivalent	6150	23

(b)     Rank Pay.   In addition to the re-fixed pay in the integrated pay scales, the following Rank Pay shall be paid depending on the rank held :-

Rank	Rank Pay (Rs. Pm)
Captain & equivalent	200
Major & equivalent	600
Lt Col & equivalent	800
Colonel & equivalent	1000
Brigadier & equivalent	1200

(c)      The above stated pay scales shall be used for re-fixation of all officers who were in service on 01.01.86 and also those who came into service after that date.

          (d)     If the pay of an officer in the integrated scale on the date following the completion of the length of service indicated in the table at sub Para 4 (a) (iii) above is lower than the minimum pay for the rank held, as given in the same table, his pay will be stepped up to such minimum with effect from such date.

          (e)      Similarly in the case of an officer who, is promoted to the next higher rank after 01 Jan 1986, is in receipt of pay in the integrated scale which is less than the minimum pay prescribed in the table at sub Para 4 (a) (iii) above, the pay from the date of promotion shall be reckoned to be the minimum for that rank as shown, provided that he had completed the length of service indicated in the same table.

          (f)      From the date of promotion to the next higher rank, whether in a substantive or acting paid capacity, the officer will draw the rank pay appropriate to the rank to which he is promoted, in addition to the pay in the integrated scale.

Section-II : Modifications effective from 01 January 1996 to 31 December 2005

6.       The following changes are made to the SAI/SNI/SAFI 2/S/98 :-

(a)      The revised regular pay scales will be admissible to officers of the rank of Lt and equivalents to Brigadier and equivalents from 01 Jan 1996.

Rank	Pay Scale (Rs)	Rank Pay (Rs)
Captain & equivalent	10000-325-11925	400
Major & equivalent	13125-375-16550	1200
Lt Col & equivalent	15100-400-18700	1600
Colonel & equivalent	17100-450-19350	2000
Brigadier & equivalent	19100-500-20600	2400

7.       The pay scales at Para 6 above, shall be used for re-fixation of pay for all officers who were in service on 1.1.96 and also those who came into service after that date.

Fixation of Initial Pay in the Revised Scales

8.       The fixation of initial pay will be regulated as under:-

(a)      An amount representing 40% of the basic pay including stagnation increments, if any, and rank pay whenever applicable in the pre-revised scale, shall be added to the “existing emoluments” of the officer.

(b)     Thereafter, without deducting the amount equivalent to the rank pay, if any, the officers pay will be fixed in the revised scale at the stage next above the amount thus computed according Para 8 (a) above.

(c)      If the amount so computed as at Para 8 (a) above is more than the maximum of the revised scale, the pay will be fixed at the maximum of the revised scale.

(d)     If the Minimum of the revised scale is more than the amount so computed as at Sub Para 8 (a) above, the pay will be fixed at the minimum of the revised scale.

(e)      For computation of bunching increments, the first stage in the existing scale shall be w.r.t the minimum pay prescribed for each rank as given below:-

         

Lieutenant  & equivalent	2500
Captain & equivalent	3000
Major & equivalent	4050
Lt Col & equivalent	4800
Colonel & equivalent	5500
Brigadier & equivalent	6150

(f)      Provided also that the fixation thus made shall ensure that every officer will get one increment in the revised scale of pay for every three increments (inclusive of stagnation increment (s) if any) in the existing scale of pay.

Section-III : Modifications Effective from 01 January 2006

9.       The revised pay structure for commissioned officer is modified to the extent given below:-

REVISED PAY STRUCTURE
Ser No	Rank	Existing		Pay Band/ Scale	Corresponding
					Pay Bands/Scales (Rs)	Grade Pay (Rs)	MSP (Rs)
	(2)	(3) Pay Scale	(4) Rank Pay	(5)	(6)	(7)	(8)
2	Capt & Equiv	10000-325-11925	400	PB-3	15600-39100	6600	6000
3	Maj & Equiv	12800-375-16550	1200	PB-3	15600-39100	7600	6000
4	Lt Col & Equiv	15100-400-18700	1600	PB-4	37400-67000	8700	6000
5	Col & Equiv	17100-450-19350	2000	PB-4	37400-67000	8900	6000
6	Brig & Equiv	19100-500-20600	2400	PB-4	37400-67000	10000	6000

10.     Fixation of Initial Pay in the Revised Pay Structure of Officers.          Initial pay fixation of all officers (other than those of AMC/ADC/RVC/MNS) is to be carried out as per tables given below:-

Rank -   Captain
Pre-revised Scale		Revised Pay Band PB-3 + Grade Pay + MSP
10000-325-11950		Rs 15600-39100 + Rs 6600 + Rs 6000
Pre Revised		Revised Pay
Basic Pay	Rank Pay	Pay in the Pay Band	Grade Pay	Military Service Pay*	Total Revised Pay
10000	400	19350	6600	6000	31950
10325	400	19950	6600	6000	32550
10650	400	20560	6600	6000	33160
10975	400	21160	6600	6000	33760
11300	400	21770	6600	6000	34370
11625	400	22370	6600	6000	34970
11950	400	22980	6600	6000	35580

*Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

Rank –   Major
Pre-revised Scale		Revised Pay Band PB-3 + Grade Pay + MSP
12800-375-16550		Rs 15600-39100 + Rs 7600 + Rs 6000
Pre Revised		Revised Pay
Basic Pay	Rank Pay	Pay in the Pay Band	Grade Pay	Military Service Pay *	Total Revised Pay
12800	1200	26040	7600	6000	39640
13175	1200	26740	7600	6000	40340
13550	1200	27440	7600	6000	41040
13925	1200	28140	7600	6000	41740
14300	1200	28830	7600	6000	42430
14675	1200	29530	7600	6000	43130
15050	1200	30230	7600	6000	43830
15425	1200	30930	7600	6000	44530
15800	1200	31620	7600	6000	45220
16175	1200	32320	7600	6000	45920
16550	1200	33020	7600	6000	46620

*  Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

Rank –   Lt Col
Pre-revised Scale		Revised Pay Band PB-4 + Grade Pay + MSP
15100-400-18700		Rs 37400-67000 + Rs 8700 + Rs 6000
Pre Revised		Revised Pay
Basic Pay	Rank Pay	Pay in the Pay Band	Grade Pay	Military Service Pay *	Total Revised Pay
15100	1600	42120	8700	6000	56820
15500	1600	42120	8700	6000	56820
15900	1600	43390	8700	6000	58090
16300	1600	43390	8700	6000	58090
16700	1600	44700	8700	6000	59400
17100	1600	44700	8700	6000	59400
17500	1600	46050	8700	6000	60750
17900	1600	46050	8700	6000	60750
18300	1600	47440	8700	6000	62140
18700	1600	47440	8700	6000	62140
19100	1600	48870	8700	6000	63570
19500	1600	48870	8700	6000	63570
19900	1600	50340	8700	6000	65040

*  Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

Rank –   Colonel & Equiv
Pre-revised Scale		Revised Pay Band PB-4 + Grade Pay + MSP
17100-450-19350		Rs 37400-67000 + Rs 8900 + Rs 6000
Pre Revised		Revised Pay
Basic Pay	Rank Pay	Pay in the Pay Band	Grade Pay	Military Service Pay *	Total Revised Pay
17100	2000	46050	8900	6000	60950
17550	2000	46050	8900	6000	60950
18000	2000	47440	8900	6000	62340
18450	2000	47440	8900	6000	62340
18900	2000	48870	8900	6000	63770
19350	2000	48870	8900	6000	63770
19800	2000	50340	8900	6000	65240
20250	2000	51850	8900	6000	66750
20700	2000	53410	8900	6000	68310

*  Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

Rank –   Brigadier
Pre-revised Scale		Revised Pay Band PB-4 + Grade Pay + MSP
18400-500-19900		Rs 37400-67000 + Rs 9500 + Rs 6000
Pre Revised		Revised Pay
Basic Pay	Rank Pay	Pay in the Pay Band	Grade Pay	Military Service Pay *	Total Revised Pay
19100	2400	48870	10000	6000	64870
19600	2400	50340	10000	6000	66340
20100	2400	51850	10000	6000	67850
20600	2400	53410	10000	6000	69410
21100	2400	55020	10000	6000	71020
21600	2400	56670	10000	6000	72670
22100	2400	58370	10000	6000	74370

*  Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

11.     Fixation of Initial Pay in the Revised Pay Structure of Officers.          Initial pay fixation of AMC / ADC / RVC is to be carried out as per tables given below :-

Rank –   Captain & Equiv
Pre-revised Scale		Revised Pay Band PB-3 + Grade Pay + MSP
10000-325-11950		Rs 15600-39100 + Rs 6600 + Rs 6000
Pre Revised		Revised Pay
Basic Pay	Rank Pay	DA on NPA @ 24%	Pay in the Pay Band	Grade Pay	Military Service Pay *	Total Revised Pay
9850	400	999	20930	6600	6000	33530
10000	400	1014	21230	6600	6000	33830
10325	400	1046	21900	6600	6000	34500
10650	400	1077	22560	6600	6000	35160
10975	400	1109	23220	6600	6000	35820
11300	400	1141	23890	6600	6000	36490
11625	400	1172	24550	6600	6000	37150
11950	400	1204	25210	6600	6000	37810

* Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

Rank –   Major & Equiv
Pre-revised Scale				Revised Pay Band PB-3 + Grade Pay + MSP
12800-375-16550				Rs 15600-39100 + Rs 7600 + Rs 6000
Pre Revised				Revised Pay
Basic Pay	Rank Pay	DA on NPA @ 24%	Pay in the Pay Band		Grade Pay	Military Service Pay *	Total Revised Pay
13125	1200	1365	28580		7600	6000	42180
13500	1200	1402	29350		7600	6000	42950
13875	1200	1438	30110		7600	6000	43710
14250	1200	1475	30880		7600	6000	44480
14625	1200	1511	31640		7600	6000	45240
15000	1200	1548	32410		7600	6000	46010
15375	1200	1584	33180		7600	6000	46780
15750	1200	1621	33940		7600	6000	47540
16125	1200	1658	34710		7600	6000	48310
16500	1200	1694	35470		7600	6000	49070
16875	1200	1731	36240		7600	6000	49840

*  Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

Rank –   Lt Col & Equiv
Pre-revised Scale				Revised Pay Band PB-4 + Grade Pay + MSP
15100-400-18700				Rs 37400-67000 + Rs 8700 + Rs 6000
Pre Revised				Revised Pay
Basic Pay	Rank Pay	DA on NPA @ 24%	Pay in the Pay Band		Grade Pay	Military Service Pay *	Total Revised Pay
15100	1600	1628	42120		8700	6000	56820
15500	1600	1667	42120		8700	6000	56820
15900	1600	1706	43390		8700	6000	58090
16300	1600	1745	43390		8700	6000	58090
16700	1600	1784	44700		8700	6000	59400
17100	1600	1823	44700		8700	6000	59400
17500	1600	1862	46050		8700	6000	60750
17900	1600	1901	46050		8700	6000	60750
18300	1600	1940	47440		8700	6000	62140
18700	1600	1979	47440		8700	6000	62140
19100	1600	2018	48870		8700	6000	63570
19500	1600	2057	48870		8700	6000	63570
19900	1600	2096	50340		8700	6000	65040

* Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

Rank –   Col & Equiv
Pre-revised Scale				Revised Pay Band PB-4 + Grade Pay + MSP
17100-450-19350				Rs 37400-67000 + Rs 8900 + Rs 6000
Pre Revised				Revised Pay
Basic Pay	Rank Pay	DA on NPA @ 24%	Pay in the Pay Band		Grade Pay	Military Service Pay *	Total Revised Pay
17100	2000	1862	46050		8900	6000	60950
17550	2000	1906	46050		8900	6000	60950
18000	2000	1950	47440		8900	6000	62340
18450	2000	1994	47440		8900	6000	62340
18900	2000	2038	48870		8900	6000	63770
19350	2000	2082	48870		8900	6000	63770
19800	2000	2126	50340		8900	6000	65240
20250	2000	2169	51850		8900	6000	66750
20700	2000	2213	53410		8900	6000	68310

* Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

Rank –   Brigadier & Equiv
Pre-revised Scale			Revised Pay Band PB-4 + Grade Pay + MSP
19100-500-20100			Rs 37400-67000 + Rs 10000 + Rs 6000
Pre Revised			Revised Pay
Basic Pay	Rank Pay	DA on NPA @ 24%		Pay in the Pay Band	Grade Pay	Military Service Pay *	Total Revised Pay
19100	2400	2096		48870	10000	6000	64870
19600	2400	2145		50340	10000	6000	66340
20100	2400	2194		51850	10000	6000	67850
20600	2400	2243		53410	10000	6000	69410
21100	2400	2291		55020	10000	6000	71020
21600	2400	2340		56670	10000	6000	72670
22100	2400	2389		58370	10000	6000	74370

* Military Service Pay is to be paid wef 01.09.2008 and no arrears for MSP shall be drawn.

Unquote

Update OROP - 15 Jan 2015

Further to RRM calling for meeting.

The basic modalities remain (1) same rank, same years of total service, same pension, (2) commencement date of OROP is 1.4.2014 i.e pension drawn by officers retiring on that date and (3) increase of pension on the basis of what would be drawn in future by officers under (1).

It appears CGDA has used statistics to impress up on the Ministers that calculations were made on the basis of taking maximum service and maximum pay to arrive at the pension. For example - the largest number of officers entitled to pensions are in the Lt Col & Col ranks and for ORs in the Havildar rank. If, presumably, CGDA  decided Rs 38000 for 31 years for all Lt Cols and Cols and a similar (but not same) figure for Havildars, the inflated figure would be Rs 9300 crores (some reports state Rs 14, 300 crores).

The next area (of contention?) is that of OROP be determined by years of service in the rank at the time of retirement. It appears the CGDA and/or FA (DS) have ignored two fundamental facts - 

(1) the basis for pensions since independence has been rank and total years of service at the time of retirement. If proof be needed, the CGDA/FA (DS) may wish to look at not only the PPOs of the Defence Services but also their own PPOs.

(2) If two officers have the same rank, and similar years of service, they should get the same amount of pension. Any other "modality" would no longer qualify as "One Rank One Pension."

Hopefully, the Defence Minister and RRM will heed the facts as they are instead of being over-awed by the "statistics"provided by CGDA/ FA (DS).   

Another bogey that the "babus" appear to have shown to the Defence Minister is about civilians too wanting OROP. It brings to mind a similar silly statement - Remember Shri P S Walia, then US in MoD - D (Pay/Services) averring in an affidavit that if Rank Pay was given to entitled Defence Forces officers, the civilians would ask for it too? Well, the Apex Court passed its orders on 03 Sep 2012,  and............
  
  Heard the political decision may be announced on 26 Jan 2015.

As I stated earlier, 
"well, if wishes were horses, we'd get OROP sooner than 28 Feb 15 (a Saturday)."      

Update on Contempt Petition (Civil) No. 328 of 2013 - Hearing on 09 Jan 15

FINAL LIST                                                        SUPREME COURT OF INDIA                                      Page 19 of 85

FRIDAY 09TH JANUARY 2015

COURT NO. 3

HON'BLE MR. JUSTICE ANIL R. DAVE

HON'BLE MR. JUSTICE SHIVA KIRTI SINGH

AFTER NOTICE MATTERS

25. CONMT.PET.(C) NO. 328/2013      N.K NAIR & ANR                              GP. CAPT. KARAN SINGH

IN I.A.NO.9/2010 IN T.P.(C) NO.                   VS.                                                          BHATI

56/2007                                                      SHASHI KANT SHARMA & ORS     MR. B. V. BALARAM DAS

XVIA A/N-D                                                        (WITH APPLN. (S) FOR

 IMPLEADMENT AND

7TH LISTING                                                    AND OFFICE REPORT)

President, RDOA stated that Addl SG on behalf of UoI has prayed for 3 weeks to file a status report and also said of the contemnors, one has moved (Kumari Vandana Srivastava the CGDA as verified from the website!). 

Hopefully, with the OROP stumbling block removed, there may be some good news!!!!

Hon'ble Court has fixed next hearing for 13 Feb 2015.

Was it 80% of OROP or 80% of Satisfaction?

Courtesy Maj S K Jain

Appended below are the exact words spoken by RM on OROP during his interview on Headlines Today, for ready reference. This is a mixture of English and Hindi words. Hindi words in blue for easy identification. Though Maj Jain has taken due care but still there may be some errors. This is part of reply which was given to a question asked by Col Thapar (from 22 minutes into the interview).

Except above, no other statement is available where RM has spoken about the percentage (80%) in relation to OROP. It appears that the words spoken on Headlines Today, are being used by different readers and commentators as per their personal understanding.

It appears he (RM) has talked about "if not 100% satisfaction then 80% or 90% satisfaction" and NOT 80% of OROP as has been stated by many.

"About OROP I think I have just understood exactly what it means. Now the second round which I have started is to identify exact financial implication.  Kai Bar elections mein assurances diye jaaten hain assurances ka detailing aur analysis nahin hota hai. To main uska analysis kar raha hoon. 

Mai itna aswasta kar sakta hoon mere side se to main full pressure daalne wala hoon or more or less what is acceptable to the armed forces. Why I am saying more or less because nothing is 100% but satisfaction 100% nahin hua to 80% ho sakta hai 90% ho sakta hai. Yahan tak laane ki meri koshish hai ki most of the issues are sorted out, agreed by everyone.

Thode main usme nahin jaaunga jyada details mein Kyonki maine last time economic times mein jo kaha uske upar bhi kai logon ne kuchh comments dal diye without understanding what I was meaning. We cannot express everything in short 20 minutes or 30 minutes interview. What I have in my mind I try to express it maximum but though I am quite articulate I probably was not able to put it in short way.

But I can assure you this much ye issue main jyada din khinch kar nahin jaunga. I will sort it out at the earliest and though I promise for major satisfaction. 100% satisfaction to everyone ye kabhi zindagi mein reality mein aati nahin hai. But jaise mai bola 80 % 90% tak agar satisfaction level le ke jaaun toh that will be good enough solution because from my side I will be always 100% but there are questions raised for various issues some minor corrections minor question marks may remain ultimately. But probably 4 to 8 weeks this should be resolved for once.

Coming out with the comprehensive solution so that next budget ke liye iske liye jaana nahin pade. Uske liye solution aa jaye next budget mein keval paise ke liye jaana pade."

http://aajtak.intoday.in/video/agenda-aaj-tak-2014-one-rank-one-pension-issue-will-be-solved-soon-says-manohar-parirkar-1-791227.html

TRIPAS and the shyness to provide a copy of Joint Services memorandum

Starting the New Year

 

Online RTI Request Form Details

Public Authority Details:-

* Public Authority Department of Defence

Personal Details of RTI Applicant:-

-------------------

Request Details:-

Citizenship Indian

* Is the Requester Below Poverty Line? No

(Description of Information sought (upto 500 characters)

* Description of Information Sought

Sir,

I refer to MODEF/R/2014/61177 dated 30th June 2014 transferred to Service HQ vide No. 21/4/2014-D (PCC) dated 28th July 2014 and received by this applicant on 5th August 2014.

2. Services HQ have stated that MoD is the custodian of the information.

3. Now, 7 CPC vide 7CPC/66/RTI/2014 dated 11th November 2014 (supporting document is attached for ready reference) states that MoD is the custodian of the information.

4. Therefore, as custodian of the information, please provide this applicant with a photocopy of the Joint Service Memorandum (JSM).

Reply dated 19 Dec 2014 from TRIPAS

Telephone: 23011257

Fax: 23011257/23006530

Tri Service Pay Staff (TRIPAS)

Room No. 116, Kashmir House,

Rajaji Marg,

New Delhi – 110 011

C/7026/VIIth CPC                                                       

REQUEST UNDER RTI ACT 2005 FOR COPY OF JSM

Dear Sir,

1.       Please refer to your online application No. MODEF/R/2014/62182 dated 23 Nov 14 filed with MoD, which has subsequently been transferred by MoD to Services.

2.       Your request has been examined and it has been decided that in order to apprise the veterans about the Services proposals submitted to 7^th CPC, a presentation to a select group of ESM would be made by the Services. The schedule of the presentation would be intimated to you as soon as it is finalised.

3.       We hope that this will meet your requirement.

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

(V S Chauhan)

Commander

Director TRIPAS

Copy to: -

MoD D (Pay Commission Cell)

MoD D (Pay/Services)

MOD Dir (ESW)

Response to TRIPAS letter

SYS/RTI/2014/62182/JSM                                                                                                                            02 Jan 15

To,

Cdr V S Chauhan

Director, TRIPAS

Room No. 116, Kashmir House,

New Delhi – 110 011

Subject: Request for Information

1.       Please refer to C/7026/VIIth CPC dated 19 Dec 14 (received on 27 Dec 14 by the undersigned) conveying the decision in response to the RTI application for information No. MODEF/R/2014/62182 dated 23 Nov 14 transferred by MoD to TRIPAS.

2.       I do not head or belong to any of the ESM organisations i.e. IESM, IESL, Sanjha Morcha, Disabled Veterans etc etc. Being a simple and, an ethical RTI activist, I have a singular motive – obtain and provide correct and factual information as defined in Section 2 (f) of the RTI Act, 2005. As a corollary it reduces unnecessary blame on Defence Forces officers in the higher echelons of decision making, as well as minimises avoidable speculation on issues. My belief is that Being Informed is the Best Weapon. 

3.       In view of the aforesaid, the procedure stated in Para 2 of TRIPAS letter dated 19 Dec 14 is in contravention of the RTI Act, 2005 for the following reasons: -

(a)      The Services making a presentation to a “select group of ESM” (emphasis supplied) does not specifically address the request for information vide MODEF/R/2014/61282 dated 23 Nov 14 of the undersigned.

 

(b)     Secondly, the RTI Act, 2005 does not require the physical presence of the applicant/appellant for information before the CPIO/First Appellate Authority of the Public Authority. The Act, in fact, gives an applicant/appellant the choice of being physically present even for the Second Appeal before the Chief Information Commissioner’s office as an appellant. Even the CIC conducts video-conference to decide on the complaint/appeal. 

(c)      The Public Authority, in this case TRIPAS, has the option of refusing information citing reasons under relevant sections within 30 days of receipt of the request and then provide the applicant an opportunity to appeal to the First Appellant Authority (FAA), whose particulars are to be given in the decision letter, within 30 days of receipt of the reply/refusal by CPIO.

(c)      The applicant, who becomes the appellant, then has the option to either appeal to the FAA within 30 days of receipt of the reply/refusal or not.

(d)     If the appellant is not satisfied with the order of the FAA to be provided with 30 days (and 45 days if reasons for the extra 15 days are given in the order), then one may file a complaint/an appeal with CIC within 90 days of date of receipt of reply/refusal from CPIO.

(e)      A complaint under Section 18 of the RTI Act, 2005 for reasons stated therein, is where the CIC has powers of a Civil Court to impose fines up to Rs 25000 @ Rs 250 per day on the CPIO & or FAA.

(f)      Therefore, the proposal of TRIPAS at Para 2 of the letter dated 19 Dec 14, is in conflict with a statutory law i.e RTI Act, 2005. Agreeing with the proposal would mean agreeing to abet circumvention the RTI Act, 2005.

4.       Further to matter of ethics, the impugned proposal imposes a disproportionate financial burden, if Services decide to invite the undersigned who is a resident of Bengaluru, which is not clear, as given below: -

(a)      Presuming the report in the media of the JSM is of 4000 pages being correct, @ Rs 2 per photocopied page as per the RTI Act, 2005, the undersigned would have to pay Rs 8000/- towards the information requested.

(b)     If as reported elsewhere, the JSM is about 450 pages, the cost to the undersigned would be Rs 900/-.

(c)      On the other hand, travelling to New Delhi by air would cost the undersigned the following: -

(i)      For return airfare                                                Rs 12000

(ii)      For accommodation, meals etc                    Rs   2000             

         

(iii)       For transportation                                           Rs   2000

                   Total (approx)                                               Rs 16000

5.       Therefore, it would be tantamount to TRIPAS/Services imposing a penalty of between Rs 8000/- (estimate in 2.3.1 above) or Rs 15100 (estimate in 2.3.2 above) on the undersigned for requesting the information, which would, after the presentation be in the public domain, as ESM are not subject to Army, Navy or Air Force Acts, 1950. It is not a procedure in consonance with Sections 5, 6 & 7 of the RTI Act, 2005.   

6.       As stated above, the methodology spelt out in Para 2 of TRIPAS letter of 19 Dec 14 does not meet the requirement for reasons mentioned.

7.       To enable the undersigned applicant for information, TRIPAS, the custodian of the information is requested to be in compliance with the provisions of the RTI Act, 2005, and

(a)      CPIO either provides me the information requested for or states the refusal with reasons as given in Section 7 (8) of the RTI Act, 2005, and

(b)     In case of a refusal to provide information, CPIO may provide particulars of the FAA of TRIPAS to file the first appeal, or

(c)      If TRIPAS decides to deny the information in contravention of Section 7 (9) of the RTI Act, 2005, CPIO may treat this as a notice required under the Rules for lodging a complaint under Section 18 (1) of the RTI Act, 2005 in case information is not provided by 20 Jan 15 i.e. within 30 days from TRIPAS letter dated 19 Dec 14..  

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

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