{"id":107169,"date":"2010-04-26T00:00:00","date_gmt":"2010-04-25T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shri-krishna-murari-vs-dopt-on-26-april-2010"},"modified":"2016-08-29T16:55:30","modified_gmt":"2016-08-29T11:25:30","slug":"shri-krishna-murari-vs-dopt-on-26-april-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shri-krishna-murari-vs-dopt-on-26-april-2010","title":{"rendered":"Shri Krishna Murari vs Dopt on 26 April, 2010"},"content":{"rendered":"
Central Information Commission<\/div>\n
Shri Krishna Murari vs Dopt on 26 April, 2010<\/div>\n
                  CENTRAL INFORMATION COMMISSION\n               Appeal No. CIC\/WB\/A\/2009\/00076 dated 16-2-2009\n                Right to Information Act 2005 - Section 19\n\nAppellant:            Shri Krishan Murari\nRespondent:           Dep't o Personnel & Training (DOPT)\n                       Decision announced: 26.4.2010\n\n\nFacts<\/pre>\n
        In a decision of 26-6-2008 in CIC\/WB\/A\/2007\/00463; Krishan Murari
\nVs. Ministry of Defence we have found as follows:\n<\/p>\n
        “It is quite clear as per notification of 26-8-1971 that the regulation
\n        of reserved vacancies in Central Services and Posts Class I & II for
\n        the released emergency commissioned officers and short services
\n        commissioned officers of the Armed Forces of the Union had been
\n        issued by the Cabinet Secretariat, Department of Personnel under
\n        No 9\/20\/69-Ests (C), dated 26-8-1971. To this the DOPT is the
\n        successor department. There is, therefore, little basis for the CPIO
\n        in the DOPT pleading that the information did not pertain to that
\n        department. This submission is, in fact, not a statement of fact but a
\n        plea for evasion of responsibility. Shri P.K. Mishra, Under Secretary
\n        & CPIO, DOPT to whom the original application of Shri Krishan
\n        Murari dated 23-1-2007 was addressed will now show cause as to
\n        why he should not be held liable for penalty of Rs. 25,000\/- @ Rs.
\n        250\/- a day commencing from 23-2-2007 when the information
\n        became due for having wrongly transferred this matter when in fact,
\n        DOPT was the concerned authority u\/s 6 (1) of the RTI Act.<\/p><\/blockquote>\n
        Shri P.K. Mishra, Under Secretary & CPIO, DOPT will also ensure
\n        that the information sought by the appellant is now provided to him
\n        within 10 days of the date of issue of this decision notice and
\n        submit compliance of these orders on 11th July, 2008 at 10.00 a.m.
\n        when he is directed to appear before us in response to show cause
\n        notice issued above. Whereas the questions of appellant Shri
\n        Murari will be provided point wise, in case there are no orders
\n        covering other than Class I and Class II employees, this will be
\n        required to be intimated<\/p>\n
        Consequently, in our decision of 11-7-08 this case was closed with the
\nfollowing order:\n<\/p>\n
        “It is a matter of satisfaction that records which had earlier been
\n        considered untraced have in fact, as a consequence of a
\n        request made under the RTI Act, 2005 been traced, the
\n        concerned public authority holding those records identified and
\n        the information in accordance with records held, to meet the
\n        definition of Right to information u\/s 2 (f), supplied to appellant<\/p>\n
                                         1<\/span>
\n        Shri Krishan Murari. While, therefore, appellant Shri Krishan
\n       Murari deserves to be commended for having persisted with
\n       obtaining information on the matter, which has a direct bearing
\n       on national interest, CPIO Shri P. K. Mishra, Under Secretary to
\n       the Govt. of India, DOPT also deser5ves commendation for
\n       having traced this record, as soon as he became aware that this
\n       was information held by the DOPT. This has brought to a
\n       satisfactory conclusion, a search that has covered Ministry of
\n       Home Affairs, Ministry of Defence, Army Headquarters besides
\n       Department of Personnel & Training. Now, if not satisfied with
\n       the information received appellant Shri Murari is free to move his
\n       first appeal before the 1st appellate authority DOPT u\/s 19 (1) of
\n       the RTI Act. The delay in sending the response is, however,
\n       explained and can be understood to have occurred through
\n       reasonable cause. Therefore, no penalty will lie.\n<\/p><\/blockquote>\n
       The appeal is now closed.”\n<\/p><\/blockquote>\n
       Subsequently, Shri Krishan Murari moved an appeal before Shri P.\n<\/p><\/blockquote>\n
Prabhakaran, DS, DOPT on 23-7-08, with reference to this decision, with the
\nfollowing plea:\n<\/p>\n
       “The CPIO has not provided the information in respect of Para 1
\n       and Para 2 (a) of my application dated 23.1.2007.\n<\/p><\/blockquote>\n
       I, therefore, humbly appeal to your good self to kindly provide
\n       information in respect of Para 1 and Para 2 (a) of my application
\n       dated 23.1.2007 (copy again enclosed). The Para 1 and Para 2 (a)
\n       are reiterated below.\n<\/p><\/blockquote>\n
1.             Whether, Central Government had issued different
\ncirculars and advertisements on the Radio and in the Press promising
\ncertain benefits to be given to those young men (Enrolled or
\nCommissioned Officers) who join the military service;\n<\/p>\n
       If so, kindly provide copies of the Notification\/ Circular
\n       instructions.\n<\/p>\n
2.             Whether Central Government had framed National
\nEmergency Concession Rules similar to State Government of Punjab\/
\nissued Notification to all the Ministries\/ Public Sector Undertakings
\ngranting certain benefits as Promised (increments, seniority and
\npension) who are re-employed in Central Government Services\/ Public
\nSector Undertakings;\n<\/p>\n
       If so, kindly provide copies of Notification\/ Circular instructions in
\n       respect of\n<\/p><\/blockquote>\n
       (a)     Enrolled (Ex-serviceman).”<\/p><\/blockquote>\n
       This is a replication of what appellant Shri Krishan Murari had sought
\nagainst the same serial numbers in his initial application of 23-1-07 then<\/p>\n
                                         2<\/span>
\n addressed to the CPIO, MHA.            On this, Shri Prabhakaran passed the
\nfollowing order:\n<\/p>\n
       “Keeping in view the information desired by you during
\n       discussion the details from CPIOs dealing with Estt (Pay &
\n       Allowances) in respect of increments\/ pension and Estt. (D) in
\n       respect of seniority have been collected. In addition the CPIO
\n       dealing with ex-servicemen has also been consulted. Based on
\n       the information desired by you in your letter dated 23.7.2008
\n       and that desired by you during your visit on 28.7.2008. I am
\n       sending you the following information:-\n<\/p><\/blockquote>\n
       a)     In respect of Point (1) of your letter dated 23.7.2008, a
\n              copy of the Notification No. 14\/11\/68.Estt.(D)\/Estt. (C )
\n              dated 13th February, 1969 regarding reservation of
\n              vacancies in the Central Civil Services and Posts, Class
\n              III and Class IV is enclosed. The information relating to
\n              Reservation of vacancies in respect of Released
\n              Emergency Commissioned Officers as well as Short
\n              Service Commissioned Officers has already been
\n              furnished to you by the CPIO (Estt. C) vide letter dated
\n              10.7.2008.\n<\/p><\/blockquote>\n
b)            With reference to Point (2) of your letter dated 23.7.2008,
\nit may be mentioned that the Government have not framed any
\nNational Emergency Co9ncession Rules. However, DOPT have
\nissued orders vide OM No. 3\/1\/85-Estt. (P.II) dated 31.7.1986
\nregarding the fixation of pay and other benefits on re-employment of
\nex-servicemen pensioners as also civilian pensioners and governed by
\nthe Central Civil Services (Fixation of Pay of Reemployed Pensioners)
\nOrders, 1986, a copy of which is enclosed.\n<\/p>\n
c)            For your convenience, the names of concerned officers
\nare given below:-\n<\/p>\n
                     (i)    For matters relating to grant of increment\/
\n                     pay fixation of re-employed pensioners the
\n                     concerned CPIO is Smt. Raj Bala Singh, Under
\n                     Secretary, Estt. (P&A).\n<\/p><\/blockquote>\n
                     (ii)   For matters relating to seniority the
\n                     concerned CPIO is Shri R. D. Talukdar, Under
\n                     Secretary, Estt.(D).\n<\/p><\/blockquote>\n
                     (iii)  For matters relating to ex-servicemen the
\n                     concerned CPIO is Shri A. K. Cashyap, Under
\n                     Secretary, Estt. (Reservation).”<\/p><\/blockquote>\n
       This has brought Shri Krishan Murari in second appeal once more
\nbefore us with the following prayer:\n<\/p>\n
       “Appellate Authority has not provided the copies of
\n       different circulars which Central Government had issued
\n       and advertised on the Radio and in the press promising
\n       certain benefits to be given to those young men (Enrolled
\n       or Commissioned Officers) who join the military service.\n<\/p><\/blockquote>\n
                                        3<\/span><\/p>\n
       Kindly issue necessary direction to the Appellate Authority
\n      to provide information as per my submissions in the
\n      enclosed.”<\/p><\/blockquote>\n
      Thereafter Shri Krishan Murari pleading that he being a cancer patient
\nof advanced stage should be given an early hearing. The appeal was heard
\non 26-4-2010.     Only appellant Shri Krishan Murari is present.           When
\ncontacted on the telephone the DOPT informed the Registry that the CPIO is
\ndeceased and the Appellate Authority had not received the notice of hearing.
\nThis submission is not acceptable since the notice of hearing sent on April 9,
\n2010 has been received by the appellant on 18-4-10. We, therefore,
\nproceeded to hear this case ex parte.\n<\/p>\n
      Appellant Shri Murari submitted that in its order in Civil W. P. No.
\n1060\/90 Dhan Singh and Ors. Vs. State of Haryana and ors; W. P. (C) No.
\n1159\/89-Sukhbir Singh and Ors. vs. State of Haryana and Ors<\/a>; W. P. (C )
\nNo. 959\/89 Ex. Captain R. Thal vs. State of Haryana and Ors., announced
\non December 5th 1990, Hon’ble Supreme Court of India has found as follows:\n<\/p>\n
      “On account of the external aggression by the Chinese focus in
\n      the Indian territory, the emergency was imposed by the
\n      President of India in 1962. In order to interest young men to join
\n      military service at that critical juncture, the Central Government
\n      and the State Governments issued different circulars and
\n      advertisements on the radio and in the press promising certain
\n      benefits to be given to those young men who join the military
\n      service.\n<\/p><\/blockquote>\n
      The young persons who have joined the military service during
\n      the national emergency and those who were already in service
\n      and due to exigencies of service had been compelled to serve
\n      during the emergency form two distinct classes. The appellants
\n      and the petitioners who joined the army before the proclamation
\n      of emergency, had chosen the career voluntarily and their
\n      service during emergency was as a matter of course. They had
\n      no option or intention of joining the government service during
\n      the period of emergency as they were already serving in the
\n      army. The persons who enrolled or commissioned during the
\n      emergency, on the other hand, had on account of the call of the
\n      nation joined the army at that critical juncture of national
\n      emergency to save the motherland by taking a greater risk
\n      where danger to the life or a member of the armed forces was
\n      higher. They include persons who could have pursued their<\/p>\n
                                        4<\/span>
\n       studies, acquired higher qualifications and joined a higher post
\n      and those who could have pursued their studies, acquired
\n      higher qualification and joined a higher post and those who
\n      could have joined the government service before attaining the
\n      maximum age prescribed and thereby gained seniority in the
\n      service. Forgoing all these benefits and avenues, they joined
\n      the army keeping in view the needs of the country and
\n      assurances container in conditions of service in executive
\n      instructions. The latter form a class by themselves and they
\n      cannot be equated to those who joined the army before the
\n      proclamation of the emergency. Benefits had been promised to
\n      such persons who headed to the call of the nation at the critical
\n      juncture.”<\/p><\/blockquote>\n
      He, therefore, submitted that the information that he was seeking was
\nwith regard to the benefits provided to enrolled ex-servicemen in keeping with
\nthe promises referred to in the order of Hon’ble Supreme Court regarding
\nwhich DS Shri P. Prabhakaran has conceded only in terms of emergency
\ncommissioned officers as well as service commissioned officers but not ex-
\nservicemen pensioner re-employment equating the latter with the general
\ncircular issued in 1986 which, in his view, is inapplicable in cases such as his
\nown in light of the ruling of the Supreme Court of India as underlined by us for
\nreference in the quote above.\n<\/p>\n
                             DECISION NOTICE<\/p>\n
      Section 2 (j) of RTI Act reads as follows:\n<\/p>\n
      2 (j)) “right to information” means the right to information
\n             accessible under this Act which is held by or under the
\n             control of any public authority and includes the right to–\n<\/p>\n
             (i) inspection of work, documents, records;\n<\/p>\n
             (ii) taking notes, extracts or certified copies of documents
\n                  or records;\n<\/p>\n
             (iii) taking certified samples of material;\n<\/p>\n
             (iv) obtaining information in the form of diskettes, floppies,
\n                  tapes, videocassettes or in any other electronic mode
\n                  or through printouts where such information is stored
\n                  in a computer or in any other device;\n<\/p>\n
      In the present case it would normally be assumed that all information
\nas is held by the Estt. C Wing of the DOPT on the subject at issue has been
\nprovided. However, since the information sought by appellant Shri Krishan
\nMurari is very specific in terms of the application of the “promises made” to<\/p>\n
                                       5<\/span>
\n persons enrolled in the services during the emergency, CPIO, DOPT will
\nconfirm within 10 working days from the date of receipt of this decision notice
\nthat there are no special rules, instructions, orders, held by the DOPT with
\nregard to ex-servicemen who enrolled in positions other than emergency
\ncommissioned officers or short service commissioned officers which would
\nconstitute information as described in the ruling of the Apex Court quoted
\nabove, especially the underlined sentence. This appeal is disposed of
\naccordingly<\/p>\n
       Announced in the hearing. Notice of this decision be given free of cost
\nto the parties.\n<\/p>\n
(Wajahat Habibullah)
\nChief Information Commissioner
\n26-4-2010<\/p>\n
Authenticated true copy. Additional copies of orders shall be supplied against
\napplication and payment of the charges prescribed under the Act to the CPIO
\nof this Commission.\n<\/p>\n
(Pankaj K.P. Shreyaskar)
\nJoint Registrar
\n26-4-2010<\/p>\n
                                      6<\/span>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Central Information Commission Shri Krishna Murari vs Dopt on 26 April, 2010 CENTRAL INFORMATION COMMISSION Appeal No. CIC\/WB\/A\/2009\/00076 dated 16-2-2009 Right to Information Act 2005 – Section 19 Appellant: Shri Krishan Murari Respondent: Dep’t o Personnel & Training (DOPT) Decision announced: 26.4.2010 Facts In a decision of 26-6-2008 in CIC\/WB\/A\/2007\/00463; Krishan Murari Vs. Ministry of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[39,1],"tags":[],"class_list":["post-107169","post","type-post","status-publish","format-standard","hentry","category-central-information-commission","category-judgements"],"yoast_head":"\nShri Krishna Murari vs Dopt on 26 April, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/shri-krishna-murari-vs-dopt-on-26-april-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shri Krishna Murari vs Dopt on 26 April, 2010 - 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