pankaj Dev 11 April 2022

Rti regarding non recipt of salary

My RTI details is as follows :

As per the official letter Commissioner GST, I have applied leave application on XXXX for release my salary for the Period from XXXX to XXXX (XXX days) and reminder on XXXX to release my in the month of March-2022 . Similarly I have applied for the child education allowance on dated XXXX and reminder on XXXX to release my child education allowance in the month of March-2022 But the department neither replied nor released my salary & child education allowance with unknown interest. It may be mentioned here that vigilance charge order which was as follows I order for reduction in the pay of Smti Karabi Das, Superintendent to a lower stage in time scale by two stage of what she is presently drawing for a period of two years effective from the date of this order , Smti. Karabi Das , Superintendent is drawing basic pay of Rs 80,200 / - in level of 9 in the pay matrix as per 7th CPC and I hereby order that her pay be fixed 2 (two ) stage lower of basic pay for a period of two years with cumulative effect and the reduction will have the effect of postponing the future increments of her pay under Rule 11 (v) of CCS Rules , 1965. issued during Honarable Tribunal was in operation and set aside the transfer order did not mention anything about non release of salary as well children education allowance . Please let me know why my salary from XXXX to XXXX (XXX days) & children education allowance has not been released yet . Remainders for salary and children education allowance has been attached for your reference .

Why department has written IF PERMISIBLE UNDER THIS ACT ? As the department is not willing to provide the information due to some unknown reasons , can anyone guide me under which section of RTI I can force my department to provide the information that i have sought in the RTI text .

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2 Replies

G.L.N. Prasad (Retired employee.) 12 April 2022

Every citizen has a right to seek such information. Salary is a sustenance and the employee can seek any information, as his fundamental rights can never be forfeited even when citizen is employer. The Sec.4 (d) mandates that "Every public authority "shall provide the reasons for its administrative or quasi judicial decisions o affected persons. The employee as an affected person must get that specific information as a right and also as per law as an affected person.

If the employer denies information, he may go for the first, second appeal and then file a writ if the details are not provided. In 100% of cases in the past, the decisions are in favour of the applicant.

However, third-party applications can be rejected (information denied). stating most controversial judgment by the Supreme court that the information is between the employer and employee and a third party is not expected to know those internal matters.

Even such denial is not legally proper, as there was a procedure for denying information by a third party, and the PIO obtaining comments is mandatory. To my knowledge, there is a larger public interest as legally entitled emoluments are withheld without stating any reason. and this is injustice.

There are no exemptions in RTI for larger public interest issues.

If there is an established union/association, please take up the matter through them. There may be several SC Judgments available in favour of employees in similar cases.