Central Information Commission Judgements

Shri S.R. Pershad vs Directorate General Of Supplies & … on 31 December, 2008

Central Information Commission
Shri S.R. Pershad vs Directorate General Of Supplies & … on 31 December, 2008
               Central Information Commission
                            2nd Floor, August Kranti Bhawan,
                        Bhikaji Cama Place, New Delhi - 110 066
                                Website: www.cic.gov.in

                                                          Decision No.3579/IC(A)/2008
                                                          F. Nos.CIC/PB/A/2008/01348
                                                                  CIC/PB/A/2008/01349
                                                       Dated, the 31st December, 2008

Name of the Appellant:                  Shri S.R. Pershad

Name of the Public Authority:           Directorate General of Supplies & Disposals
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Facts

:

1. Both the parties were heard on 31/12/2008.

2. The appellant has grievances relating to service matters, mainly denial of
arrears of pay. In the course of hearing, it emerged that the appellant was
placed under suspension, which was revoked at a later stage. He has, however,
not been paid the dues admissible to him.

3. The CPIO stated that the departmental enquiry has been in progress for
about three years and the same is yet to be concluded. And, therefore, they are
unable to redress the grievances of the appellant, including payment of dues and
fixation of pay.

4. The appellant alleged that he has been harassed by the officials of the
respondent for malafide reasons. He indicated the disciplinary rules under which
he was placed under suspension, which was subsequently revoked. He alleged
that the relevant provisions have been violated by the respondent. He also
stated that the departmental enquiry has been in progress for more than three
years and it has not been concluded despite his full cooperation extended to the
enquiry officer and the respondent. He was thus harassed, humiliated and
deprived of service benefits.

Decision:

5. The appellant has sought to know the reasons for non-payment of
admissible dues and the related information relating to the departmental enquiry.

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“If you don’t ask, you don’t get.” – Mahatma Gandhi

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It is unfortunate that the respondent has not concluded the enquiry proceedings,
which is the main ground for denial of information to the appellant.

6. The CPIO assured the Commission that he would do the needful to
expedite the conclusion of the enquiry proceedings at the earliest and the
information asked for should thus be furnished soon after the necessary action is
taken on the basis of the recommendation of the departmental enquiry. This
process should be completed within three months and the information sought
for should thus be furnished thereafter, under intimation to the Commission.

7. With these observations, both the appeals are disposed of.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner ii

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name & address of Parties:

1. Shri.S.R. Pershad, GP-18, C.P.W.D. Officers Transit Hostel & guest
House, Ali Ganj Colony, Lodhi Road, New Delhi – 110 003.

2. Shri. Sharvan Kumar, Director (Admn.) & CPIO, Department of Commerce
(Supply Division), Directorate General of Supplies and Disposals, 5
Jeevan Tara Building, Parliament Street, New Delhi – 110 001.

3. Shri. M. Raman, DG (S&D) and AA, Directorate General of Supplies and
Disposals, 5 Jeevan Tara Building, Parliament Street, New Delhi – 110

001.

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“All men by nature desire to know.” – Aristotle

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