CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/PB/A/2008/01058/LS
(Heard at Puducherry)
Appellant : Dr.A.C.Dharamraj Acharya
Public Authority : Department of Health & Family Welfare
(through Shri G.Subbaryulunaidu, Dy. Director
(Public Health) and Shri K.Shankar, Sr.Accounts
Officer)
Date of Hearing : 8.7.2009
Date of Decision : 8.7.2009
Facts
The matter, in short, is Dr.Dharmaraj Acharya, Chief Medical Officer, Primary Health
Centre, Villianur applied for Motor Conveyance Advance sometime in 2006. He was
sanctioned Motor Conveyance advance of Rs.1.60 lakhs on 28.12.06. However, the aforesaid
amount was delivered to him on 19.1.07. He, however, as per his claim, had purchased the
car on 19.1.07. The Health Department, Govt. of Puducherry, has now directed him to refund
the loan amount along with the penal interest on the ground that he had registered and insured
the vehicle on 5.1.07 i.e. prior to the drawal of MCA on 19.1.07 which is violative of Rule 18
of the Compendium of Rules on Advances to Govt. Servants. It is in this connection that by
his letter of 14.2.2008, he had sought information on 3 paras. The PIO had responded to him
vide letter dt.17.3.08. The operative para of his letter is extracted below:
“i. Sanction for grant of MCA issued on 28.12.06 by Health Sectt., Govt. of
Puducherry.
ii. Certificate conveying the execution of agreement in form-II of the
Compendium of Rules on advance to Govt. servants towards grant of MCA
issued on 17.1.07 by Health Sectt, Govt. of Puducherry.
iii. Bill presented to DAT, Puducherry on 18.1.07
iv. Cheque for Rs.1,60,000/- received on 19.1.07
v. The MCA amount disbursed to the individual on 19.1.07"
2. Dissatisfied with this, Dr.Acharya had filed first appeal with the Appellate Authority
which was disposed of by the AA vide order dt.16.5.08 wherein he had directed the PIO to
expedituoly supply complete information to the appellant.
3. The present appeal is directed against the orders of PIO/AA.
4. The matter was heard on 8.7.2009. The appellant is present. The public authority is
represented by the officers named above. It is the submission of Dr.Acharya that Rule 18
referred to above is not applicable in his case. He would also submit that he has already paid
28 instalments against this loan and it would be too harsh on him to deposit the entire loan
amount along with penal interest.
5. Rule 18 is extracted below:
‘An advance for the purchase of a conveyance shall not be granted to a government
servant, who has already purchased the conveyance and paid for it, unless the conveyance has
been purchased within a period of three months commencing from the date the advance was
applied for, and has been paid for by raising a temporary loan’.
It appears to us that the reason why the Appellant is being asked to deposit the entire
loan amount along with penal interest is that while the loan amount was disbursed on 19.1.07,
he had got the vehicle registered and insured on 5.1.07. It is not for the Commission to go
into the question of whether Rule 18 is applicable in this case or not. We may, however,
observe that MCA was sanctioned to the Appellant on 28.12.2006 and he has already paid 28
installments against the loan and has not defaulted on this count. The submission of the
Appellant that to return the entire loan amount with penal interest would be harsh on him
appears to be compelling. The aspect however, ought need to be considered at a higher
administrative level with robust commonsense.
DECISION
7. In view of the above, the Commission would request the Chief Secretary, Govt. of
Puducherry, to consider the matter at his own level for appropriate decision in 06 weeks time.
8. The matter is disposed of accordingly.
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.
(K.L.Das)
Assistant Registrar
Copy to :
1. Dr.A.C.Dharamraj 2. The CPIO
No.16/81, Aravindar Street Directorate of Health & Family
Basant Nagar, Lawspet Welfare
Puducherry 605 008 Govt. of Puducherry
Puducherry