In the Central Information Commission
at
New Delhi
File No: CIC/SM/C/2011/000061AD
Date of Hearing : June 6, 2011
Date of Decision : June 6, 2011
Parties:
Complainant
Shri Madan Mohan Kaushik, S/o Late Kuber Dutt,
R/o 191, Arunodaya Apartments,
H Block, Vikaspuri,
New Delhi 110 018
The Complainant was present in person.
Respondents
Department of Personnel & Training,
North Block,
New Delhi
The Respondents were not present.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/SM/C/2011/000061AD
ORDER
Background
1. The Applicant filed his RTIapplication with the Secretary, DoPT, North Block, New Delhi on
04.07.2006 raising several queries with regard to refixation/stepping up of of revised new as on
1.1.1986 . In response to this application, Shri Chandra Prakash, Under Secretary, on 18.07.2006,
provided to the Applicant the required information/clarification on the matter. The Applicant,
however, being dissatisfied with the information/clarification furnished to him, filed the
present petition in the Commission on 22.03.2010 narrating his case of refixation of his basic pay.
Decision
2. During the hearing, the Complainant complained that the reply given to him has been signed by an
Under Secretary and not by the CPIO and, therefore, it cannot be treated as a valid reply under the
RTIAct and also that it does not indicate the details of the Appellate Authority with whom the
Complainant’s 1stappeal would lie. He also stated that the contents of the said reply do not deal with
the queries/grievance which have put forth by him in his RTIapplication, but just reflects the version
of the reply furnished by the Central Bureau of Investigation (CBI), from where he had taken
Voluntary Retirement from his service, to DoPT.
3. It is evident from the averments as given hereinabove that the Complainant is having a grievance
against the DoPT–the Respondents–for not considering his case of refixation of his pay despite his
repeated requests to them over the years and that, he presently through the RTIAct wants them to
take a decision on his said request.
4. Although I sympathize with the Complainant who is a senior citizen, I would like to admit that under
the RTI Act there is nothing more I can do in this regard besides allowing the disclosure of available
information in material form as stipulated under Section 2(f) of the RTI Act,)–that is in the present
case ‘the action taken by the public authority’ viz., DoPT on his request for refixation of his basic pay.
It is accordingly directed that the CPIO shall formally inform the Complainant the action taken by the
public authority on his request for refixation of his basic pay and, in case no action is found to be
taken, the same may also be formally communicated to the Complainant. Time – 3 weeks from the
date of receipt of this order.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Madan Mohan Kaushik, S/o Late Kuber Dutt,
R/o 191, Arunodaya Apartments,
H Block, Vikaspuri,
New Delhi 110 018
2. The Public Information Officer,
Department of Personnel & Training (DoPT),
North Block,
New Delhi
3. Officer Incharge, NIC