Alleged Infringement of orders issued by the ministry of communication & IT by the higher authorities : Shri A D Gaikwad
APPLICATION SEEKING INFORMATION UNDER THE RTI ACT-2005
APPLICATION SEEKING INFORMATION UNDER THE RTI ACT-2005
To
The
CPIO,
O/o
The Director General (SPG) Department of Post,
Dak
Bhavan, New Delhi-110001
1 NAME AND ADDRESS OF THE APPLICANT
Shri. A D Gaikwad,
President (Divisional), AIPEU, Group “C” Solapur
division & P A Head Post Office, Solapur-413001
2. DESCRIPTION OF INFORMATION BEING SOUGHT
2.1 Shri. B P Kamble was
appointed provisionally limited to one year on the vacant post of the Sr.
Suptd. Of Post Office, Solapur by the circle office, Maharashtra Circle, Mumbai
vide memo No. STA/6-1/9/2009 dated 10.12.2009 subject to the approval from the
Directorate Department of Post New Delhi-110001.
2.2 Once again the same person i.e. Shri. B P Kamble was provisionally appointed limited to one year on the vacant post of the Sr. Suptd. Of Post Office, Solapur by the circle office, Maharashtra Circle, Mumbai vide memo No. STA/6-1/9/2010 dated 16.11.2010 subject to the approval from the Directorate Department of Post New Delhi-110001. This order is still in existence beyond one year.
2.2 Once again the same person i.e. Shri. B P Kamble was provisionally appointed limited to one year on the vacant post of the Sr. Suptd. Of Post Office, Solapur by the circle office, Maharashtra Circle, Mumbai vide memo No. STA/6-1/9/2010 dated 16.11.2010 subject to the approval from the Directorate Department of Post New Delhi-110001. This order is still in existence beyond one year.
2.3 As laid down in clause
2 (iv) in the Ministry of Communication & IT, Department of Post OM No.
F.137-99/2009-SPB-II dated 23rd December, 2009 It was obligatory for
the authority of the Circle office Mumbai to issue order beyond one year in
respect of Shri. B P Kamble corroborated with the approval of the Directorate,
Department of Personnel & Training but it seems to be not done so because
this order has issued again provisionally subject to the approval from the
Directorate, Department of Post New Delhi-110001.
2.4 As per Section 13 (1)
(d) (ii) of the prevention of corruption Act-1947 a public servant said to
commit the offence of criminal misconduct if he, by abusing his position as a
public servant for gains of pecuniary advantage for himself or facilitates any
other person.
2.5 As the Circle Office,
Maharashtra Circle, Mumbai vide memo dated 16.11.2010 has hastily issued ad-hoc
appointment of Shri. B P Kamble prior to approval of DOPT, relying on
anticipated approval from the Director General (SPG) Department of Post, Dak
Bhavan, New Delhi-110001 therefore there is preponderance of probability about
corruption or criminal misconduct of the public servant, who has been
facilitated pecuniary advantage to Shri. B P Kamble for the extended period
beyond one year for Pay & allowance of higher grade pay & anticipated
succeeding pensioners benefit.
2.6 The basic object of
the RTI Act-2005 is to empower the citizen, promote transparency and
accountability in the working of the Government, contain corruption and make
democracy work for the people in real sense. As such it will be pertinent to
get following information concerning the matter narrated above. Supply me the
information sought by me in respect of point No 3.1, 3.2 & 3.3 as follows.
3. SPECIFIC INFORMATION BEING SOUGHT
3.1 Supply me the copy of
memo of approval if accorded by the Directorate, Department of Post New Delhi
confirming the memo issued by the circle Office, Maharashtra Circle, Mumbai
vide No. STA/6-1/9/2009 dated 10.12.2009.
3.2 Supply me the copy of
memo of approval if accorded by the Directorate, Department of Post New Delhi
confirming the memo issued by the circle Office, Maharashtra Circle, Mumbai
vide No. STA/6-1/9/2010 dated 16.11.2010
3.3 In the absence of
approval of the Department of Personnel & Training it will be obvious to
state that all the powers including disciplinary action delegated to the post
of the Sr. Suptd. Of Post Office, Solapur by the rule has automatically deemed
to be ceased on expiry of ad-hoc arrangement which was limited to one year.
Therefore it would not be said excessive if the punishment imputed on the
Government servants under the jurisdiction of the Sr. Suptd. Of Post Office,
Solapur by power exercising under rule 12 of the CCS (CCA) Rules 1965 during
period of extension will automatically be ceased.
Please give your OPINION in yes or No. This
opinion is sought as per the CHAPTER-I, section 2 ,(1) ,(f) of the RTI
Act-2005.
4. MODE OF FEES PAID
IPO No.99E 734085 Denomination 10 attached
with this application.
5. MODE OF RECEIPT OF INFORMATION
By registered
post.
PLACE: SOLAPUR
DATE:16.01.2012 SIGNATURE OF APPLICANT
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