Dated : 23-01-18
TO,
SH. A. K. QASIM,
DIRECTOR (AdIIA & B) AND APPELLATE AUTHORITY, MINISTRY OF FINANCE,
DEPARTMENT OF REVENUE, ROOM NO. 274-A (SECOND FLOOR), NORTH BLOCK, NEW
DELHI-110001. (APPELLATE AUTHORITY)
Sub: APPEAL AGAINST THE INFORMATION DATED
31st December 2018 (vide F.No.A-26011/164/2018-Ad.II.A) RECEIVED FROM
SH. M. K. GUPTA, CENTRAL PUBLIC
INFORMATION OFFICER/UNDER SECRETARY
TO THE GOVT. OF INDIA
Sir,
MOST RESPECTFULLY SHOWETH:
1. That the Appellant herein sought information vide
Application dated 04.12.18 requesting to provide the copy of the letter dated
17.05.18 regarding the reply given by the CBIC in r/o grievance registration number:
CBOEC/E/2018/01149.
2. But very unfortunately, the Appellant has been
provided with the copies of the letters both dated 17.05.18 in r/o grievance
registration number: PMOPG/E/2018/0148675 dated 02.04.18 and grievance registration
number: CBOEC/E/2018/01199 dated 05.04.18 instead of the grievance registration
number: CBOEC/E/2018/01149 qua above information.
3. Being aggrieved, the Appellant seeks indulgence of
your authority on the following amongst other GROUNDS FOR APPEAL:
A. The reply regarding information sought is per-se
wrong and deliberately not furnished to the appellant as the same reveals
discriminatory and negligent practice.
B. The information
sought is the matter of record in as much as the same bears the reference
number of the CPGRAM and also date of its issuance by the CBIC/concerned
section. Understood thus the material which is a matter of record can always be
revealed or furnished to the applicant/appellant in accordance with the provisions
of Right to Information Act, 2005. Not providing the sought information in the
grab of provisions of RTI Act amounts to misconduct for which the provisions of
penalty can be invoked to keep the confidence of Public in general and the
appellant herein in particular.
C. For that the information dated 31-12-18 is abuse of
process of the law and has been used as tool to misguide the appellant and also
to cover up the apparent mis-deeds and ongoing mal-practice of not caring for
the grievances.
D. The issue involved is the payment of the arrears of pay to the
Inspectors of Central Excise at par with the Inspectors of CBI. The issue was
settled by the Hon’ble CAT, Jabalpur vide order dt. 24.02.1995 directing to pay
the arrears of the pay to the Inspectors of Central Excise at par with the
Inspectors of CBI with the retrospective effect, if the pay commission
recommends the same pay scale for both categories. Needless to say that the concerned
pay commission recommended the same pay scale for both categories.
E. Thus, the order of the Hon’ble Tribunal was
either to be implemented or challenged before the Appellate Court but it has neither
been implemented nor challenged. Hence, question of payment of the arrears of
pay stands settled.
F. However, till date, no payment of arrears has
been made. It was informed to the field formation by the CBIC vide letter
F.No.A-26017/44/94-Ad.II(A) dt. 06.03.1995 that necessary action was being taken
in consultation with the Department of Expenditure.
G. Given to the above observation, the onus lies on
the CBIC to implement the order of the Hon’ble Tribunal as there was no
direction from the Hon’ble CAT to consult the Department of Expenditure. It is
also worth to mention that no government department is above any Hon’ble Court.
H. No action has been taken by the CBIC till date regarding
the payment of the arrears of pay at par with the Inspectors of CBI as directed
by the Hon’ble Tribunal. Hence, the information is quintessential to get
justice delivered.
I. The Appellant is one of the victims of the
mal-treatment meted out by the CBIC as no payment of the arrears has been made
(at par with the Inspectors of CBI) till date. Hence, the issue has larger
public interest as thousands of the officers working in the CBIC will be
benefited.
J. To make grounds for the appeal before any
authority, the Appellant is in need of the information sought under the RTI
application dt. 04.12.18 which has not been provided.
K. Hence, the act of the learned CPIO not providing
the copy of the relevant documents is not proper and legal.
4. Under the circumstances mentioned above, the
present appeal be allowed with the directions to the concerned authority to furnish
the relevant information sought in the Application under RTI Act.
APPELLANT
(RAVI MALIK),
240, RAZAPUR,
GHAZIABAD-201002 (U.P.)
Copy with the
request for necessary action to:
The RTI Cell, PMO,
South Block, New Delhi.
