Kindly refer to following decisions of Central Information Commission and verdict given thereof in these decisions.
- File No. CIC/LS/A/2012/002612 dated 22.3.2013 (Dr. Neelam Bhalla vs. DRDO) Verdict – “It is, no doubt, true that DRDO is an exempted organisation; yet it has been the consistent view of this Commission that the benefit of exemption extends only to functional / operational matters and not to establishment related routine matters. The legality of this view has not been challenged in the relevant judicial forum so far”.
- CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO), CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO) and CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
In its various decisions CIC consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
In light of the above decisions of CIC, Kindly provide the following information under Section 6(1) of RTI Act 2005.
- Whether Mr. Suresh Chand, Chief Admin Officer (CAO) was an employee of TBRL, Chandigarh. (Yes/No)
- If answer to point (1) is yes then provide the following information.
i. The date on which Mr. Suresh Chand was retired from TBRL.
ii. Whether a lady other than his wife claimed on his retirement pensionery benefits on the day of his retirement.(Yes/No)
iii. Whether pension of Mr. Suresh Chand was withhold.(Yes/No)
iv. If answer to point (iii) is yes then provide the reasons for withholding of his pension.
v. Was the case of withholding of his pension and reasons thereof was referred to DRDO HQ/Vigilance for inquiry?(Yes/No)
vi. If answer to point (v) is yes then what is the status of his pension and retirement benefits?
vii. Whether his pension & retirement benefits has been restored partially after inquiry/ non enquiry. (Yes/No)
viii Whether Director, TBRL refer the case of Mr. Suresh Chand to CVC besides DGR&D, DRDO for information under new Transparency Law of Govt of India.(Yes/No)
3. Please refer to Rule 21 of The Central Civil Services (Conduct) Rules, 1964: RESTRICTION REGARDING MARRIAGE and GOI MHA OM No. 219/51-Ests. Dated 16.02.1955: Procedure for dealing with requests from Government servants for permission to remarry while first wife is still living, provide following information.
i. Whether TBRL/DRDO received any request from Mr. Suresh Chand, CAO regarding permission to remarry while first wife is still living. (Yes/No)
ii. If answer to point (i) above is yes then due procedure as per Rule 21 has been followed by Competent Authority in the matter. (Yes/No)
The information sought in this RTI Application is on Establishment Matter and as such not exempted u/s 24 of the RTI Act.
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