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Article 77(2) in The Constitution Of India 1949

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Central Information Commission
Smt.Krishnakumari Velumayil vs Ministry Of Defence on 8 June, 2010

CENTRAL INFORMATION COMMISSION

Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

File No.CIC/LS/A/2010/000267

File No.CIC/LS/A/2010/000268

File No.CIC/LS/A/2010/000269

File No.CIC/LS/A/2010/000270

File No.CIC/LS/A/2010/000271

File No.CIC/LS/A/2010/000272

File No.CIC/LS/A/2010/000273

Appellant : Smt. Krishnakumari Velumayil

Public Authority : Ministry of Defence(Finance), CGDA, Ammunition Factory, Khadki, Pune; Controller of Finance & Accounts(Factories), Khadki, Pune. (through : S/Shri M.K. Ahyine, Hindi Officer; B. Vijayan, Foreman; D.A. Bhil, Sr. AO; Puneet Agarwal, Dy.CGDA; Rajesh Chadha, ACGDA; T. Joseph, DFA; V. Rajagopalan, OSD; Sandeep Lakhanpal, SO and Ms Shalini Darbari, Director, CVC.)

Date of Hearing : 08.06.2010

Date of Decision : 08.06.2010

FACTS :

The aforesaid appeals have been filed by Smt. Velumayil. It has been decided to dispose them of through a common order.

2. Before dealing with the cases individually, it would be appropriate to record a brief background of the matter. Smt. Krishnakumari Velumayil is an IDAS officer of Defence Accounts Department. Her problem started in 2005 when she was transferred from CDO, Pune, to Accounts Office, Ammunition Factory, Khadki, Pune. It is her say that she was prevented from discharging her legitimate duties and was paid no salary from 10.10.2006 to 2.5.2010 for no fault of her. It is also her say that the disciplinary proceedings were initiated against her and pursuant to ex-parte proceedings, major penalty of reduction in pay by one stage has been imposed on her. It is in this context that she has sought certain informations.

3. The case-wise position is as under :-

File No.CIC/LS/A/2010/000267 :-

4. Vide RTI application dated 21.04.2009, the appellant has sought a host of information in 04 paras. During the hearing, she has limited her requirement to the following point :-

*Copies of the minutes of Tender Purchase Committee meetings attended and signed by o/o CFA.

To this, Shri B. Vijayan, Foreman, Ammunition Factory, Khadki, would respond that the information cannot be supplied as it is huge one and it would disproportionately divert the resources of the organization.

The plea of Shri Vijayan has no merit and is dismissed. As agreed to by the appellant, it is decided that she will be permitted to inspect the relevant files and take extracts there from, free of cost, subject to a maximum of 100 pages.

(ii) It is also the submission of the appellant that disciplinary proceedings against her have been initiated by certain officers of CGDA, New Delhi, but they can do so only when they are duly authorised by the President of India under Article 77(2) of the Constitution of India. She requests for a copy of such authorisation having been made by the President of India on these officers. Shri Puneet Aggarwal, Dy. CGDA, requests for a short adjournment in this matter. Hence, the matter is adjourned to 28.6.2010 at 1500 hrs. Shri Punit Aggarwal, Dy. CGDA will appear before the Commission along with original records. Other officers need not be present.

File No.CIC/LS/A/2010/000268 :

5. The appellant does not wish to pursue the matter. Hence, the matter is closed.

File No.CIC/LS/A/2010/000269 :

6. Vide RTI application dated 07.09.2009, the appellant had desired to know the action taken by the Central Vigilance Commission on her letters dated 12.09.2006, 9.11.2006 and 22.11.2006.

7. The CVC had informed the appellant vide letter dated 30.09.2009 that her letter dated 9.11.2006 was received and the same was filed in the Commission. The CVC had also informed the appellant that her other letters under reference were not received by CVC.

During the hearing, Ms Shalini Darbari, Director, CVC, would submit that she would make a fresh check in the Commission and if any of the other two letters was received in the Commission and if any action was taken thereon, she will inform the appellant accordingly.

8. Ms Darbari is hereby desired to communicate the up-dated position to the appellant in 04 weeks time. The matter stands closed at the Commission's end.

File No.CIC/LS/A/2010/000270 :

9. Vide RTI application dated 7.9.2009, the appellant had sought the following information :-

"Refer O.F.B letter No. Estt./201/65/80/FM/I dated 10.10.2006. Kindly provide a photo copy of the reply received from CFA(fys)/KGF for the above letter, correspondence exchanged on this issue till date on several letters of the applicant, DAD Ministry of Defence(Fin) and O.F.B Org. copies of the same also may be provided. Refer prayer of applicant dated 18/5/09 copy of reply furnished also may be provided."

To this, Shri D.A. Bhil, Sr. AO, CFA Factory, Khadki, would respond that no such letter has been received by him and, therefore, the question of responding to it does not arise.

10. The appellant fairly admits that she had addressed her letter to Chairman, Ordnance Factories Board and not to the CPIO.

11. Be that as it may, the appellant is advised to send a copy of her RTI application to Shri Bhil who would process it as per the provisions of RTI Act and provide appropriate response in 04 weeks time. It is clarified that the requirement of deposit of prescribed fee etc. is waived off by the Commission in exercise of its plenary powers.

File No.CIC/LS/A/2010/000271 :

12. Vide RTI application dated 6.11.2009, the appellant had requested for information on 07 paras. The CPIO had responded to it vide letter dated 26.11.2009 stating that copy of pay bill of July, 2005, had been sent to the appellant. However, no response was given regarding other paras. During the hearing, the appellant would submit that copy of the pay bill of July, 2005, has not been received by her. Further, no information whatsoever on other points has been received by her.

13. It is noticed that the concerned officer from PCDA(O) has not appeared before the Commission to clarify these points. After hearing the parties, we are of the opinion that information requested for by the appellant in paras (i), (ii), (iii), (iv) & (v) is disclosable to her. The issue raised in para (vi) has already been dealt with in File No.000267. As regards para (vii), information requested for is vague and does not call for any action.

14. In view of the above discussion, Shri Puneet Aggarwal, Dy. CGDA, New Delhi, is hereby directed to ensure that requested information on paras (i), (ii), (iii), (iv) & (v) of the RTI application is provided to the appellant in 06 weeks time.

File No.CIC/LS/A/2010/000272 :

15. It is noticed that the issues raised in this RTI application are the same as have been discussed in File No. 000267. In this view of the matter, the appeal is dismissed.

File No.CIC/LS/A/2010/000273 :

16. During the hearing, the appellant submits that she would be satisfied if she is given information regarding para (f) of RTI application dated 21.04.2009. Para (f) is extracted below :-

"Copy of applicant of India Roaster No. In SO(A), AAO, AO, Senior AO, Grade along with General Category."

17. Shri Rajesh Chadha, ACGDA, would submit that copy of this document has already been provided to her. The appellant, however, submits that copy provided to her is not legible and requests that she may be permitted to inspect the original records and to take extracts there-from.

18. The request of the appellant is just and fair. She is, therefore, permitted to inspect the original records and take extracts there-from free of cost.

Sd/-

(M.L. Sharma)

Central Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.

( D.C. Singh )

Under Secretary & Deputy Registrar

Address of parties :-

1. The CPIO,

Office of the PCDA(O),

Golibar Maidan,

Pune-411 001(File No.000271).

2. The CPIO,

Indian Ordnance Factory,

Ammunition Factory, Khadki,

Pune-411003(File No.000267)

3. Shri Puneet Aggarwal,

CPIO, O/o the Controller Genl.

Of Defence Accounts, West Block-V,

R.K. Puram, New Delhi-110066.

(File No.000273)

4. Shri V.K. Langan,

Director(Estt.) & CPIO, GoI, MoD,

Office of Dir.(E) & CPIO, Room No.318,

B-Wing, Sena Bhavan,

New Delhi-110105.(File No.000268)

5. Ms Shalini Darbari,

Director,

Central Vigilance Commission,

Satarkta Bhawan, GPO Complex,

Block A, INA, New Delhi.(File No.000269)

6. Shri S.S. Naskar,

Director & PIO, Ordnance Factory Board,

10-A, S.K. Bose Road,

Kolkata-700 001.(file No.000270)

7. The PIO/CPIO/CAPIO,

O/o the Secretary,

Defence/Finance/FADS

Room No. 139, South Block,

New Delhi-110011.(File No.000272)

8. Smt. Krishnakumari Velumayil,

IDAS 32/2, Type-VI, Maidan Road,

Ammunition Factory Khadki,

Pune-411003(Maharashtra).