Sunday, 1 March 2015

O R O P - Update 01 Mar 15

MOD File approved by RM is with MoF for the past week or 10 days.

The tweets from RM and Col Rathore (retd) will support this info.

Best Wishes 

Thursday, 26 February 2015

Delay in Updates

Sorry, I am travelling and should be back home on 28 Feb 2015.

Please bear with me.

Thanks & Happy Holi in advance.

Friday, 13 February 2015

Update on Contempt Petition and Minimum Guaranteed Pension




"CONTEMPT PETITION"

Case was scheduled for hearing today in court No 3 at item No 32, Court asked us to file reply to UOI's status report within four weeks and now case is to be listed for hearing  on 30th Mar 2015.. 

"Minimum Guaranteed Pension"

Case was listed for hearing today in court No 2 at item No 9. Now Case is listed for 20th Feb 2015.




Sunday, 1 February 2015

They Sanction Paying NFU But.....................



They Pay NFU But….
RTI Online DOP & T/R/2015/60017

Online RTI Request Form Details
Public Authority Details:-
* Public Authority Department of Personnel & Training
Personal Details of RTI Applicant:-
* Name S. Y. Savur

--------------
Request Details:-
Citizenship Indian
* Is the Requester Below Poverty Line ? No
(Description of Information sought (upto 500 characters)
* Description of Information Sought
Sir,
Please provide the following information: -

Total Budget amount for NFU (Non-Functional Upgradation) and Actual amount disbursed in

FY 2008-2009,

FY2009-2010,

FY2010-2011,

FY 2011-2012,

FY2012-2013, and

FY 2013-2014.


Online RTI Appeal Form Details

Public Authority Details:-
* Public Authority Department of Personnel & Training

Personal Details of Appellant:-
Request Registration Number DOP&T/R/2015/60017
Request Registration Date 02/01/2015
* Name S. Y. Savur
---------------------
Appeal Details:-
Citizenship Indian
* Is the Requester Below Poverty Line ? No
* Ground For Appeal Provided Incomplete, Misleading or False Information
* CPIO of Public Authority approached Nodal Officer
CPIO's Order/Decision Number Details not provided
* CPIO's Order/Decision Date
(Description of Information sought (upto 500 characters)

* Prayer or Relief Sought

CPIO has declined information, quoting the RTI Act, 2005, on the grounds that he is not custodian of the information requested.

CPIO appears unaware of Sec 6 (3) of the RTI Act, 2005 that he “shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer.”

It is further elucidated in the said section 6 (3) that the CPIO should “transfer the application in no case later than five days or receipt of the application.”

I am aggrieved that the CPIO by his reply has not transferred my application with in 5 days from 02 Jan 2015 and informed me.

Supporting document (only pdf upto 1 MB)

Thursday, 29 January 2015

RTI Application & Appeal: Bureaucracy does not respond, Service HQ obfuscates



Part I - Bureaucracy Unresponsive; Part II - Services HQ Obfuscates
*        *        *        *        *        *
Part I

Online RTI Request Form Details
(DOP & T/R/2014/64336 dated 16 Oct 2014)

Public Authority Details:-
* Public Authority Department of Personnel & Training
Personal Details of RTI Applicant:-
* Name S Y SAVUR
----------------------
Request Details :-
Citizenship Indian
* Is the Requester Below Poverty Line ? No
(Description of Information sought (upto 500 characters)
* Description of Information Sought
Please refer to Para 3 of Govt of India, Ministry of Finance, Deptt of Expenditure Resolution No. 1/1/2013-E.III.A dated 28th February 2014 and
Questionnaire of 7 Central Pay Commission furnished vide D.O. No. 7CPC/15/Questionnaire dated 9th April 2014.

2. Please provide me with the information and documents provided by DOP & T in response to the Para  2 (e) of the ibid Resolution dated 28th February
2014 as well as response/reply to the Questionnaire of 7 CPC dated 9th April 2014.

3. Additional payment for photocopies of the information will be paid online as and when intimated by CPIO, DOP & T.
* Concerned CPIO Nodal Officer
Suppor��ng document (only pdf upto 1 MB) Suppor��ng document not provided

Online RTI Appeal Form Details
DOP & T /A/2014/60806 dated 24 Nov 2014

Public Authority Details:-
* Public Authority Department of Personnel & Training
Personal Details of Appellant:-
Request Registration Number DOP&T/R/2014/64336
Request Registration Date 16/10/2014
* Name S Y SAVUR

Appeal Details :-
Ci��zenship Indian

* Is the Requester Below Poverty Line ? No

* Ground For Appeal No Response Within the Time Limit
* CPIO of Public Authority approached Nodal Officer
CPIO's Order/Decision Number Details not provided

* CPIO's Order/Decision Date
(Description of Information sought (upto 500 characters)

* Prayer or Relief Sought

CPIO had been requested to provide information as follows: -

1. Please refer to Para 3 of Govt of India, Ministry of Finance, Deptt of Expenditure Resolution No. 1/1/2013-E.III.A dated 28th February 2014 and Questionnaire of 7 Central Pay Commission furnished vide D.O. No. 7CPC/15/Questionnaire dated 9th April 2014.

2. Please provide me with the information and documents provided by DOP & T in response to the Para e of the ibid Resolution dated 28th February
2014 as well as response/reply to the Questionnaire of 7 CPC dated 9th April 2014.

3. Additional payment for photocopies of the information will be paid online as and when inmated by CPIO, DOP & T.

So far I neither received any information nor a denial or refusal of the information applied for.

Net Result: Contrary to Prime Minister ordering the bureaucracy to be responsive, there has been no reply neither to the application nor to the appeal.

P.S: DOP & T deals with rules etc for RTI Act, 2005

*        *        *        *        *

Part – II

& Services HQ………………

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) 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 7th 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)

BY SPEED POST – ACK DUE

Air Marshal S Y Savur PVSM AVSM
Veteran                                                                                   141, Jal Vayu Towers,
Cellphones: +91 9449676278                                                   N G E F Layout,
                   +91 9688782227                                                    Indira Nagar (PO),
Email: sysavur@gmail.com                                                    Bengaluru – 560 038
Blog URL: sharad10525.blogspot.in

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/-----------------------
(S Y Savur)
Air Mshl, Veteran

Reply of TRIPAS dated 21 Jan 2015

C/7026/VIIth CPC                                                                21 Jan 2015


REQUEST FOR INFORMATION

Sir,

1.       Please refer to your letter SYS/RTI/2014/62182/JSM dated 05 Jan 15 (received on 09 Jan 15).

2.       Your request for a copy of ‘Joint Services Memorandum’ (JSM) forwarded to 7th CPC has been re-examined by Services HQ. The issue was also discussed at a Special Tri-Service meeting held on 21 Jan 15.

3.       It has been decided by the competent authority that the JSM is held in fiduciary capacity by Services/TRIPAS and cannot be made public at this stage. The information is therefore denied in accordance with Section 8 (1) (e) of RTI Act, 2005.

4.       However, in order to address your concern and apprise the serving as well as retired personnel about the proposals forwarded to the 7th CPC the Services would be making presentations on these proposals. The IAF has been requested to intimate the details of such presentation being planned near your location. 
Sd/-----------------
(VS Chauhan)
Commander
Director TRIPAS
Copy to: -
Air Force Pay Commission Cell, Air HQ
Vayu Bhawan, Room No. 461.