Case: Brig. Dalbir Singh Mehta Vs Ministry of Defence (MoD). Central Information Commission
| Judges | Wajahat Habibullah, C.I.C. |
| Issue | Right to Information Act |
| Judgement Date | September 20, 2007 |
| Court | Central Information Commission |
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Decision: Wajahat Habibullah, C.I.C. FACTS 1. By an application of 25-1-2006 Brig. Dalbir Singh Mehta of Noida, U.P. applied to the DD (AGPS-3A) Ministry of Defence seeking the following information regarding the follow-up on a Decision of the Kerala High Court in Maj. AK Dhanapalan v. Union of India OP No 2448 of 1996: a. Please indicate the daily progress made so far to remove this disparity, in my case, since the payment was made to Major A.K. Dhanapalan in this regard i.e. when and which officer took how much time (Date wise) to apply that judgment to may case as well. b. Your kind attention is also invited to the case-law in re Amrit Lal v. Controller CEC Revenue AIR 1975 SC 538 when a citizen aggrieved by the action of a Government Department has approached the Court and obtained a declaration of law in his favour, others, in like circumstances should be able to rely on the sense of responsibility of the Department concerned and to expect they will be given the benefit of this declaration without the need to take their grievance to the court. "Why this judgment was not applied in my case." c. Please give the names and designations of the officials who were supposed to take action in this regard and did not do so. d. What action would be taken against these officials for not applying the court judgment automatically to my case, since the Union of India appeal in Supreme Court in this regard, had already been dismissed, and thus it had become obligatory to give similar benefits to all affected cases e. By when would I be given my rightful dues, along with the accrued interest at the prevailing rate f. How much amount is due to me Please provide a working sheet, giving details of the calculations, showing the salary amount, interest calculations, pension readjustment, leave encashment etc and interest on the pension, Income Tax accrual on the same. g. Please give me the list of all Army Officers who have been paid similar dues since payments were made to Major AK Dhanapalan. h. Please give reasons for such out of turn payments made to such officers, and the date by which a vigilance enquiry shall be initiated in this matter. i. Please furnish the basis on which a decision was initially taken, and by whom, to deduct the Ran Pay from the Integrated Pay Scale of Officer. j. The reasons for not referring the matter back to Pay Commission, if there was a doubt in the minds of concerned officials. 2. To this he received a... |
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