Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066
Website: www.cic.gov.in
Decision No. 4653/IC(A)/2009
F. No. CIC/MA/A/2009/00711
Dated, the 26th October, 2009
Name of the Appellant : Gp. Capt. (Retd.) H.K. Mishra
Name of the Public Authority : Pawan Hans Helicopters Ltd.
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Facts
:
1. Both the parties were heard on 24.09.2009.
2. The appellant has grievances regarding inordinate delay in payment of
salary and allowances for June, 2008. The CPIO stated that there is no denial of
information. They have already initiated the process for completing the necessary
formalities so as to resolve the dispute between the parties, which arose due to
abrupt discontinuation of services of the respondent by the appellant. The CPIO
sought for some more time about a month for taking an appropriate decision in
the matter of pension settlement and to redress the grievances of the appellant.
3. During the hearing, the details of information asked for and the CPIO’s
reply were discussed.
If you don’t ask, you don’t get – Mahatma Gandhi
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4. As per the understanding reached between the parties, Shri Sanjay
Agrawal, Appellate Authority of the respondent has communicated vide his letter
dated October 16, 2009 as under:
“Kindly refer to our submission before the Information Commissioner, we
are enclosing herewith statement of pay and allowances entitlement as
per revised pay for June, 2008 and details of amount payable /
recoverable as on 18.6.2008 in respect of Capt. H.K. Mishra. The details
of difference of pay as per Sixth Pay Commission from 1.1.2006 to
18.6.2008 is also enclosed.
Gp. Capt. H.K. Mishra was on deputation to Pawan Hans Helicopters Ltd.
w.e.f. 7.11.2005 for a period of five years till November, 2010. The
application / enclosures dated 23.3.2008 for premature retirement from
IAF with the intention to join on permanent basis in PHHL were handed
over by the officer to PHHL. The requirement of six months notice by the
Officer for reversion as per terms of deputation was to be complied w.e.f.
23.3.2008 however he had stopped reporting duties w/e/f/ 18.6.2008.
Therefore, the officer joined back IAF without being formally relieved from
PHHL being the borrowing organization. The Officer had abruptly left on
his own accord without intimation / permission from PHHL though he was
scheduled to fly the helicopters for ONGC and other long term customers’
commitments. There had been loss of flying for the five days between 19th
June 2008 to 30th June, 2008 till the time PHHL could not make immediate
alternate arrangement of other pilot and thus, loss of revenue / liquidated
damages to PHHL due to non availability of flying services on account of
absence of Capt. H.K. Mishra.”
5. Through a letter dated October 22, 2009, the appellant has alleged that
the information furnished to him by the respondent is incorrect and misleading.
He has therefore pleaded for initiating necessary penal action against the
respondent.
Decision:
6. The CPIO has duly informed the reasons for delay in payment of salary
and allowances for June, 2008. And, indicated that the appellant pre-maturely
and unilaterally discontinued to provide his services to the respondent as a result
of which the respondent incurred losses that was required to be recovered from
the appellant. The respondents have furnished, vide its letter October 16, 2009,
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the details of payable / recoverable dues. The entire calculation details have
already been furnished.
6. Since there is no denial of information, the appellant would be free to
inspect the entire records and files relating to the calculation details so as to
obtain further details, if required.
7. The appeal is thus disposed of.
Sd/-
(Prof. M.M. Ansari)
Central Information Commissioner 2
Authenticated true copy:
(M.C. Sharma)
Assistant Registrar
Name and address of parties:
1. Gp. Capt. (Retd.) HK Mishra, 28/175, Vikram Vihar, 1 Floor, Lajpat Nagar,
New Delhi-110024.
2. Shri Munish Bhargava, Manager (Mktg.) & CPIO, Pawan Hand Helicopters
Ltd., Safdarjung Airport, New Delhi-110003.
3. Shri Sanjay Agrawal, Appellate Authority (RTI), Pawan Hand Helicopters
Ltd., Safdarjung Airport, New Delhi-110003.
All men by nature desire to know – Aristotle
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