P.K. Sarin v. Govt. of NCT
In the Central Administrative Tribunal
O.A. No. 824/2007
Before Mr V.K. Bali, Chairman and Mr L.K. Joshi, Vice Chairman (A)
Decided on July 3, 2007
Relevancy of the case: Payment of salary through Electronic Clearance System
Statutes & Provisions Involved
- The Information Technology Act, 2000 (Section 6)
- The Administrative Tribunals Act, 1985 (Section 19)
- The Central Vigilance Commission Act, 2003 (Section 8(1)(h))
Relevant Facts of the Case
- The application has been filed by an Assistant Engineer in Public works Department against the non-payment of salary in cash by the Chief Engineer, Govt. of NCT for the months of February, March and April 2007.
- The application was filed directing the respondents to make payments to him in cash according to the rules and to quash any instructions which are contrary to the Statutory Rules.
- The main contention made by the applicant was that once the rules prescribed that the salary would be paid by way of cash, it would be the discretion of the applicant to receive the salary in cash or any other mode.
- The mode adopted by the respondents for payment of salary, i.e. the payment of salary through Electronic Clearance System would be wholly unacceptable to the applicant.
Prominent Arguments by the Advocates (if any)
- Shri Ajesh Luthra, Counsel on behalf of the Respondents:
- It shall be stated that the Electronic Clearance System was introduced by the Reserve Bank of India and hence, it was decided as a policy by Govt. of NCT of Delhi to disburse the salary of employees through this system. The salary would be credited into the bank accounts of the employees directly.
Opinion of the Bench
- The applicant is unable to prove any prejudice caused to him if he receives the salary by the Electronic Clearance System.
- The application is an abuse of law as it does not infringe any right vested in the employees.
- The system of payment of salary through Electronic Clearance System is considered to be a major administrative reform offering various remarkable simplifications by removal of the need for issuing cheques and providing for immediate transfer of funds to the designated accounts of the employees.
- The decision of the Govt. of NCT of Delhi to make payments through the Electronic Clearance System rather than issuing cheques or paying cash is in accordance with the provisions of the Information Technology Act, 2000.
- The mode of payment of salary does not affect any civil rights of the applicant adversely and is backed by the sanction of law according to section 6(1) of the Information Technology Act, 2000. The uniform policy adopted by the government is guided on good grounds.
- It was mentioned that the refusal by the applicant to accept the salary by the mode suggested by the Government does not mean that he will not be paid the salary at all. It is not a case of non-payment of salary to the applicant.
- The application stands dismissed. No order as to the costs.