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2024 Supreme(Online)(CIC) 7472

के(cid:3)(cid:4)ीय सूचना आयोग Central Information Commission , बाबा गंगनाथ माग(cid:20) मुिनरका

Baba Gangnath Marg, Munirka , New Delhi – 110067 नई (cid:22)द(cid:24)ली

Second Appeal No. CIC/RBIND/A/2022/626682 ि(cid:2)तीय अपील सं(cid:12)या /

Amit Yadav … /Appellant अपीलकता(cid:15) VERSUS बनाम CPIO: Reserve Bank of India Mumbai … /Respondent (cid:16)ितवादीगण Relevant dates emerging from the appeal:














RTI : 03.03.2022FA : 06.04.2022SA : 09.05.2022
CPIO : 01.04.2022 & 06.05.2024FAO : 22.04.2022Hearing : 04.03.2024
Date of Decision: 06.03.2024 CORAM:

Hon’ble Commissioner _ANANDI RAMALINGAM

O R D E R

1. The Appellant filed an RTI application dated 03.03.2022 seeking information through 12 points in the following manner:

(i) “Latest calculation sheet for fixation/re-fixation of basic pay of Ex Serviceman as per his last pay drawn certificate on re-employment in Reserve Bank of India (RBI) as Security Guard.

(ii) Latest calculation sheet for fixation/re-fixation of basic pay of Ex Serviceman as per his last pay drawn certificate on re-employment in Reserve Bank of India (RBI) as Attendant.

(iii) Latest calculation sheet for fixation/re-fixation of basic pay of Ex Serviceman as per his last pay drawn certificate on re-employment in Reserve Bank of India (RBI) as Assistant.

(iv) Details of RBI salary elements like basic pay, Dearness Allowance, Perquisites, Grade Pay, Grade Allowance, Additional Special Pay, Special allowance, Hard area allowance or any other allowance or any other pay/allowance to be considered for fixation of basic pay of any Ex-serviceman re-employed in RBI while considering the rule for protection of his last pay drawn during Military Service.

(v) Details of salary elements like Basic Pay, Dearness Allowance, Composite/Kit maintenance allowance, Military Service Pay, Classification allowance, Good Conduct Badge, Rum Allowance or any other pay/allowance as drawn by Ex- serviceman prior retirement or salary elements as per his last pay drawn certificate to be considered for fixation of basic pay of any Ex-serviceman re- employed in RBI while considering the rule for protection of his last pay drawn during Military Service.” etc.

2. The CPIO replied vide letter dated 01.04.2022 and the same is reproduced as under:-

(i) “There is no such standard template for fixation/refixation sheet available. (Pay fixation is done as per Government/RBI instruction based on last pay drawn by the concerned ex-servicemen. Pay fixation is done at Regional Offices where ex- servicemen are re-employed. Hence information sought is personal information and same is exempted u/s 8(1)(j) of RTI Act.)

(ii) Please refer to our response at query no (i). (iii) Please refer to our response at query no (i).

(iv) Fixation of pay of Ex-Serviceman is done as per GOI guidelines. (attached Annex I)

(v) Please refer to Circular dated January 25, 1988. (attached Annex II)” etc.

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.04.2022. The FAA vide order dated 22.04.2022 directed the CPIO to examine the contentions in the First Appeal and provide the calculation sheets subject to severance of confidential/personal information under Section 10 of the RTI Act.

4. In compliance with the FAA’s order, the CPIO provided a revised reply to the Appellant on 06.05.2022 enclosing information on Sr. No. 1,2,3,6,7,8 and 9 of the RTI Application.

5. Aggrieved with the non-receipt of the desired information, the Appellant approached the Commission with the instant Second Appeal dated 09.05.2022.

6. The Appellant remained absent during the hearing and on behalf of the Respondent, Prashant Ketkar, Manager (HR) & Rep. of CPIO along with Sonika Dhaka, Legal Officer attended the hearing through video conference.

7. The Respondent reiterated the replies provided to the Appellant that are already available on record and additionally emphasised on the supplementary information vide their written submissions on 28.02.2024, wherein the components of defence services and components considered for fixation in the bank has been also explained.

8. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the CPIO & FAA have facilitated the Appellant with adequate information and clarifications in keeping with the letter and spirit of the RTI Act. The Appellant’s arguments in the Second Appeal appear to be insisting on being provided with such information which he deems is correct and applicable to his case, which is an untenable proposition and cannot be acceded to. In the fac

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