F. Nos. CIC/YA/C/2014/000764, 001636, 002218, 002360, 002741, 002867, 002893 and 003202. Case: Abdul H. Hadi Vs Gunasekaran and Ors.. Central Information Commission
| Case Number | F. Nos. CIC/YA/C/2014/000764, 001636, 002218, 002360, 002741, 002867, 002893 and 003202 |
| Judges | Yashovardhan Azad, Information Commissioner |
| Issue | Right To Information Act, 2005 - Sections 2(f), 4(1), 4(1)(b) |
| Judgement Date | June 24, 2015 |
| Court | Central Information Commission |
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Decision: Yashovardhan Azad, Information Commissioner 1. Both parties are present and are heard. The appellant vide several RTI applications has sought information regarding alleged violation of procedure in fixing his pay scale and reimbursing the same to him, correction of date of merger in Corrigendum G.O.Ms. No. 63 as it was fixed arbitrarily, to declare the disciplinary proceeding held against him as null and void, copy of opinion dt. 28.02.1991 given by law dept. to Principal, MNGPC and to declare him as the senior most in MNGPC. Details of all these are reproduced below in a tabulated form: 2. As the issue in the abovementioned appeals is the same, these cases are being heard & decided together. F. No. CIC/YA/C/2014/000764 3. The appellant filed an RTI application dt. 13.01.2014, seeking the above information. The PIO in his reply stated that the appellant has given instructions to the Principal/FAA on his claim for pay and that the same does not fall under the R.T.I. Act. The FAA in his order upheld the PIO's reply and recorded that the office had already sent a letter to him dt. 27.03.2014 in respect of his arbitrary claims on pay anomaly. 4. The appellant re-iterated that the Principal of MNGPC sent an incomplete and belated proposal, due to which he did not get the Senior Scale/Selection Grade and that the same should be rectified by him. The respondent stated that the appellant was appointed as a Sr. Instructor on 01.09.1964. He was charged with misbehaviour and Departmental Proceedings were initiated against him, which came to finality on 20.07.1992, wherein it was decided to reduce 2 stages increment w.e.f. 09.10.1982 and was granted Lecturership with pay scale of 2200-4000 w.e.f. 20.07.1992 as he was facing disciplinary proceedings before that. He further stated that the appellant was relieved from the disciplinary proceedings with imposition of penalty in 1992. He stated that during the DPC held in 1991 for the promotion of Demonstrator/Sr. Instructor and Jr. Lecturers, the appellant's case was not considered as disciplinary proceedings were pending against him. The respondent stated that the appellant had approached the Ld. CAT and got the orders in his favour. 5. The respondent stated that he was placed in the Sr. scale of pay from 20.07.1998 and the arrears due to him were also paid. He stated that the appellant has not completed 11 years of Lecturership during his service, due to selection grade cannot be granted to him. He further stated that the appellant has repeatedly filing RTI applications regarding:-- "1. Promotion to the post of Lecturer w.e.f. 09.04.1991; 2. Fixing of senior scale of pay; and 3. Grant of Selection Grade pay of 12,000-420-18,300," seeking action taken reports and insisting on imposing of penalty to higher authorities, accusing them of having indulged in fraudulent activities in re-fixing of date of grant of Lecturer scale, senior scale and award of selection grade scale of pay, etc. under the pretext of his age and selective cut and paste portions of various notings. 6. The respondent stated the above claims of the appellant for stepping up of pay and grant of selection grade are not tenable. F. No. CIC/YA/A/2014/001636 7. The appellant filed an RTI application dt. 26.02.2014, seeking action taken report on his request for reimbursement of benefits, i.e. his pay... |
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