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Decision No. CIC /OK/A/2008/00072//SG/0707
Appeal No. CIC/OK/A/2008/00072/SG
Relevant Facts
emerging from the Appeal
Appellant : Mr. R.G. Nangia,
7E / 11 East Patel Nagar,
New Delhi – 110008.
Respondent 1 : Mr. G.R.Dua
PIO,
Kendriya Vidyalaya Sangthan,
JNU Campus, Mehrauli Road,
New Delhi - 110067.
RTI application on : 17/07/2007
PIO replied : 08/08/2007
First appeal filed on : 09/09/2007
First Appellate Authority order : 24/09/2007
Second Appeal filed on : 26/10/2007
The appellant has asked regarding OA nos. 1745/06, date of decision as referred in the counter
affidavit, fixation of pay, and counter affidavit by KVS in OA nos. 1745/06 which it was pointed
out Hon’ble Tribunal as written above in the counter affidavit by KVS.
Detail of required information:-
S. No. Information Sought The PIO replied.
1. In as much as the issue raised by the applicant With reference to this question it is
herein have become final and the Hon’ble submitted that the matter of stagnation in
Tribunal has adjudicated the same, therefore, increment in respect of Shri R G Nangia
please provide the OA No. date of decision was considered by Hon’ble CAT Principal
and between the parties (name of the parties) Bench in OA No. 2559/03 and the same
and copy of the decision as referred in the was disposed of vide order dated
counter affidavit Para No. 4 in OA No. 21/07/2004. The applicant may procure a
1745/06. copy of the order of the CAT Principal
bench from the Tribunal.
2. At no point of time pay was fixed wrongly is Reply of these questions may be given by
stated in counter affidavit in OA No. 1745/06 the KVS , RO Delhi as the pay in respect of
in counter affidavit in Para 5. Therefore, all the applicant was fixed by the RO Delhi
documents of fixation of pay as referred in the and the desired pay bills etc are available in
counter affidavit by KVS. RO Delhi/KV concerned. Appellant may
obtain this information from AC (Delhi)
3. In Para 5 of counter affidavit by KVS in OA -do-
No. 1745/06 it was point out to Hon’ble
Tribunal that whatever the pay which was
required to be fixed had been fixed in
accordance with rules and stagnation
increments was paid to the applicant.
Therefore, please provide the OA No. in
which it was pointed out to Hon’ble Tribunal
as written above in the counter affidavit by
KVS, Please also provide the copy of the rules
under which pay was fixed as stated above
and also rules as referred above and also copy
of the pay bill in which stagnation increment
was paid as above stated in affidavit and also
pay fixation papers fixing the pay fixation
papers fixing the pay of the applicant after
paying stagnation increment to me.
4. It is further stated by respondent in Para 5 OA The Hon’bel CAT Principal bench disposed
No. 1745/06 pay and increment after being of the contempt petition No. 08/05 in OA
satisfied that the pay and increment to the No. 2559/03 vides order dated 01/08/2005
appellant was fixed in according with and found that there is no willful
direction of the Tribunal found no merit in the disobedience on the part of respondents.
petition directions of the tribunal found no
merit in the petition filed by the appellant.
Copy of direction of the Tribunal as referred
above alongwith OA No. in which tribunal
found no merit in the petition filed by the
applicant.
5. It is stated in Para 5 by the respondent KVS has not mentioned any specific
whatever dues were required to be paid to payment made to the applicant to this Para.
applicant have already been paid to the
applicant. Copy of all such payments as
referred above alongwith copy of the rules
which justify averments by KVS and also
which justify or prove the alleged payment as
correct.
6. It is stated by KVS in Para 5 applicant being Whit reference to this Para it is stated that
not satisfied with the same has approached the matter of stagnation increment was
with this Tribunal on the same issue which has decided by CAT Principal bench vide order
become final in respect of the issues raised in dated 21/072004 and contempt petition
this applicant. Copy of the decision of the filed by the applicant was also disposed of
Tribunal as referred above in which the issues vide order dated 01/08/2005.
have become final as referred above.
7. In Para 6 of the counter affidavit the With reference to this Para it is stated that it
respondent states impugned orders have been is made clear in the Memorandum No. 40-
passed by taking rule position into account. 18/2003-KVS(DR) dated 30/03/2005 that
The copy of the rule which were taken into his pay was fixed as per provision of rule 7
account as per above referred. and rule 8 of CCS (Revised) pay rules
1986.
8. It is stated by the KVS it was demonstrated As regard this Para it is submitted that in
before the Tribunal that stagnation increment compliance with the order Hon’ble CAT
was paid. Please provide the complete set of Principal bench KVS vide its Memorandum
demonstration that stagnation increment was dated 30/03/2005 has finally intimated the
paid alongwith copy of the pay bill under applicant that all due stagnation increments
which stagnation increment was paid to have been granted.
applicant as per counter by KVS.
9. In Para 7 KVS States the order passed by With reference to this Para it is stated that
respondent was justified in Law. However, no order passed by responded was justified as
specific order is referred there please provide the Hon’ble CAT has disposed petition and
the copy of the law under which order was discharged the notices in the said contempt
justified. petition filed by Shri R.G. Nangia.
10. It is stated by KVS that this Tribunal has gone Already replied in reply to Para (vi).
into all issues raised by the applicant and
finally come to the conclusion that KVS
contention was no bereft of merit. Please
provide the copy of the Tribunal’s decision in
which Tribunal finally came to the conclusion
that KVS contention was not bereft of merit.
11. It is stated the answering deponent carves the With reference to this question it is
leave of this Tribunal to refer the same as part submitted that applicant may be asked to
and parcel of this affidavit. Therefore, please make it more clear as to what information
provide the copy, which KVS wants to refer is desired.
as part and parcel to this affidavit.
12. Name(s) of competent authorities who have As regards this question it is submitted that
been granted power to grant increments to as per article 24 of the Education code
TGT cadre in KVS alongwith copy of BOG (latest) the Principal of the concerned
decision in which competent authorities were vidyalaya is the vidyalaya excluding vice
created. Principal in the approved time scale.
13. Copy of all the documents which Delhi region In this case RO Delhi/KVS(HQs) has not
of KVS and the legal department of KVS provided parawise comments to
worked over to Sh. S Rajappa at the time of Shri S. Rajappa, advocate as he has
making thus above stated affidavit. defended previous cases of the applicant
and is fully aware of the factual position in
the matter.
14. Copy of the note sheet submitted along with As desired copy of the note sheet of the file
draft affidavit as preferred by Sh. Rajappa bearing No. 19-267(8)/06-KVS (L&C) is
Advo. For KVS to the signatory of this placed below for onward transmission to
affidavit. the appellant.
15 Total number of RTI documents sent to Sh. S. With reference to this question it is
Rajappa advocate for going reply of appoint submitted that the copies of the all RTI
nature and has spoken before CAT. Thus answers given to Shri S. Rajappa,
applicant is demanding enormous documents Advocate.
under RTI Act and total number only (with
out documents) sent to Sh. S. Rajappa for his
reply.
16. Total number only of works have been details Advocate wise court case register is not
to Mr. S. Rajappa Advo. maintained in L&C section.
17. Action taken report an strictness against Sh. As regards this question it is submitted that
H. M. Cavrea the than commissioner KVS, the applicant may be asked to give details
DS Bist the than JC, Mr. S. Rajappa advo. Dr of the parties in the said case alongwith OA
Kawal in the case of Ms Ratna Varshney OA No. With year, name of the CAT/Court, so
NO i.e. along with all note sheets preferred if that the desired documents may be
any for reporting this matter to chairman searched and provided to the applicant.
KVS.
The First Appellate Authority ordered:
“With reference to his application dated 09/09/2007 received in this on 11/09/2007 Shri R. G.
Nangia resident of 7-E/11, East Patel Nagar, New Delhi – 110008 is informed that the
required information supplied to him vide this office letter No. F. 11-
PIC/07/KVS(DR)/48010-11 dated 03/09/2007 has since been signed by the higher authority at
the relevant time as the authorized PIO was on long leave on account of marriage of his
daughter. Therefore, the correct information based on the basis of information made available
to PL cell has been supplied to him and no information has been denied. He is also informed
that the required information as per his requirement can not be created
Relevant Facts emerging during Hearing:
The following were present.
Appellant : Absent
Respondent : Mr. G.R.Dua PIO
The respondent states that inspite of a large number of queries, he has provided all the
information. His contention appears to be correct.
Decision:
The Appeal is dismissed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
24 December, 2008
(In any correspondence on this decision, mentioned the complete decision number.)