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Thread: If called by CIC would the applicant get Reimbursement of TA etc

  1. Re: If called by CIC would the applicant get Reimbursement of TA etc


    So we have the answer or we have some more questions now....

    Manoj have given us a good hint of how to sail but to swim and get tired...Thats why I always feel Law is always above truth...

    Colonel was absolutely correct in coming out of the bunker and firing right at the target....

    And I am sure the person looking for the reply have the answer unlike TV discussion conclusions...

    Thanks every one



  2. Re: If called by CIC would the applicant get Reimbursement of TA etc


    Here is a gist on CIC decisions, where the appellants were compensated.

    Rs.5,000 to Shri Awadhesh Singh, Village Ranipur Colliery, P.O. Narayanpur, Dist.Purulia by Shri Deepak Chakravarti, Chairman-cum-Managing Director, Eastern Coalfields Limited 02032007_01 dtd.03.07.07 F.No.CIC/AT/C/2006/00117 Dated, the 2nd March, 2007

    Shri Ajay Jhuria, Mumbai to and from Mumbai to Delhi 2nd AC train fact and DA of Rs.500/- No.CIC/OK/A/2006/000303 Dated: 3 May 2007

    Respondents were directed to compensate him by paying Rs.10,000/- which will cover his journey from Mumbai to Delhi by air (this is essential as pointed out by the Appellant that Railway reservations are practically impossible to get during this peak season) and towards D.A for his stay in Delhi. 1 Shri Joy Manglani, Mumbai-400053 No.CIC/OK/A/2006/00505 Dated: 3 May 2007

    A total of Rs.130/- (Rupees one hundred and thirty) shall be remitted to the applicant as compensation by the PIO within 15 days from the date of receipt of this order Dr. Reeta Jayasankar of Kochi F.No.CIC/AT/C/2006/00052 Dated, the 4th September, 2006

    Shri Kumar Avikal Manu, a large sun (The total amount) thus payable to the complainant should be determined on the basis of the date of joining of the third and last candidate in the physically handicapped category till December 21, 2006, Decision No.519/IC(A)/2007 F. No.CIC/MA/A/2006/00781 Dated, the 6th February, 2007


    SHri Girish Mittal, Mumbai v/s Regional Passport Office, Mumbai. The Commission, therefore, directs the Respondents to compensate the Appellant by a refund of Rs.300/ No.CIC/OK/C/2006/00146 Dated: 7 February 2007

    More later

    Manoj

  3. #11
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    Col NR Kurup (Retd)
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    Re: If called by CIC would the applicant get Reimbursement of TA etc


    May I project some more views of mine on the subject of compensation, to enable to draw more clarifications from the fertile brains of this Forum ? We should not mix up Section 19(8)(b)RTIAct- " require the public authority to compensate the complainant for any loss or other detriment suffered " with 18(3)(a) - " summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to provide the documents or things " The cases Mr.Mpai has quotted appears falling under Section 19(8)(b). There is no ambiguity on this order except its implementation. There is no Head of Account nor any budgetary allotment nor any other financial provision enabling the PA to implement this orders. I am curious to know any incidence where the PA has implemented this orders and how it is done. I had already submitted my views on CIC's powers on enforcing attendance. Section 18(3)(a) amplified that CIC's powers is to enforce attendence ... to give oral or written evidence on oath and to produce the documents or things. CIC cannot compel or enforce attendenhce of the Appellant, as he cannot compel him to give oral or written evidence and produce documents or things against his wishes in civil cases . The CIC has to decide the case on the basis of documnts or things he has produced. If it is not adequate, it is Appellant's fate. His case may be dismissed or decided expartee. When the CIC cannot compel the attendence of Appellant he is not entitled for any compensation or "batha". I think that under no circumstances an ppellant can claim "Batha" orTA/DA nor the CIC or any court of law has powers to grant it to Appellant unless in cerain extraordinary circumstances he is made to defend from escaping from defamation or from allegation of criminal offences or hebecome defendent etc etc (This aspect is very complicated and hencenot going further).. In the case of Respondent or any witnessess, the Court or CIC who is delegated the powers under CPC can enforce attendence in the interest of State. Respondent being government servants travelling on duty are entitled forTA/DA which they are claiming. In other civil cases before other courts also government servants attending the court when summoned claim TA/DA. In case other witness whose attendence the court find essential in the interest of justice such witnessess are made to attend in the interest of state they have to be paid and are being paid TA/DA by the court. I think that the courts have budgtary provision also. This is my vintage mindset and request the learned Advocates or other knowledgeable members of this Forum to bring out mistakes if any in my views expressed .

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