Central Information Commission
Mr.S K Goel vs Government Of Nct Of Delhi on 19 January, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/002540
Date of Hearing : January 19, 2012
Date of Decision : January 19, 2012
Parties:
Petitioner
Shri. S.K.Goel
153, Sandesh Vihar
Pitam Pura
Delhi 110 034
The Petitioner was present along with Shri. S.B.Goel during the hearing
Respondents
Department of Power
8th Level, BWing
Delhi Secretariat
I.P.Estate
New Delhi
Represented by : Shri. Madhu Sudan, Supdt.
Shri. R.S.Chauhan, DA
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/002540
ORDER
Background
1. The Petitioner filed an RTI Application dt.27.6.11 with the Department of Power, GNCTD. He stated that the Delhi Vidyut Board was disintegrated with effect from 1.7.02 and a Govt. Trust was created under the Chairmanship of Secretary, Dept. of Power, Govt. of Delhi. As per trust deed, the Govt. guaranteed the payment of retirement benefits, pension to the DVB employees but even after passing of five years of his voluntary retirement, for which he had opted on attaining the age of 54 years and above 31 years of qualifying service with effect from 1.7.06, such payments are not being made to him. According to him, the trust is neither making payment nor giving any information related to it, with reference to GNCTD circular dt.16.6.05. In this context, the Applicant sought information against following points:
i) Who is the pension sanctioning authority on completion of more than twenty years of continued service i.e. DVB service plus successor companies
ii) Who is pension disbursing authority of payment of retirement benefits and pension on superannuation and voluntary retirement of this continued service after 50 years of age.
iii) Whether gratuity is payable in cases of continued service above 5 years but below twenty years of DVB and successor company's service and the disbursing authority.
iv) Who is responsible for payment of interest for over delays of retirement benefits, pension
v) Who is the disciplinary authority in the event of non payment/over delays of the retirement benefits and pension.
Shri Vimal Kumar, PIO replied on 19.7.11 stating as follows:
'It is submitted that it is the pension trust who disburse the pension etc. to the employees of erstwhile DVB on superannuation. However, in VRS cases, this Department vide letter dt.3.11.09 has advised the pension trust to entertain all cases of Rule 48(A), CCS Pension Rules 197 with effect from 1.7.02 treating them at par with regular retirement by paying the terminal benefits and pension a per CCS(Pension Rules) and consequently raise demand on the successor entities for subsequent funding of the trust on this account for meeting the future liabilities accordingly (copy enclosed) The matter pertains to Pension Trust. The Pension Trust is not accepting the RTI applications due to the stay granted by the Division Bench of Hon'ble High Court of Delhi in favour of Pension Trust vide its order dt29.7.10 in the matter of Delhi Vidyut Board Vs. S.K.Chaudhary. Being aggrieved with this response, the Applicant filed an appeal dt.26.7.11 with the Appellate Authority stating that there is inconsistency in the information provided to him and also that it is incomplete. Shri. Y.V.V.J.Rajasekhar, Appellate Authority disposed off the appeal vide his order dt.9.8.11 upholding the decision of the PIO and also clarifying that the corporate entities from which an employee has obtained VRS under Rule 48(A) is the administrative Authority for processing the pension case whereas the pension trust is the final disbursing authority. Being aggrieved with the reply, the Petitioner filed the present petition dt.26.9.11 before CIC. Decision
2. During the hearing, the Commission reviewed the information sought point wise and decided as given below:
Points 1 and 2 The Commission holds that information against these two queries had been adequately furnished as also admitted to by the Appellantanswered.
Points 3 to 5 In these points the Appellant is seeking whether Gratuity is payable in cases of continued service above 5 years but below twenty years of DVB and successor company's service and the disbursing authority, who is responsible for payment of overdelays of retirement benefits and who is the disciplinary authority in the event of overdelays of retirement benefits. The Petitioner alleged that Pension Trust and Department of Power are not providing any categorical reply to his questions and are simply passing on the buck to each other.
3. The Commission on perusal of submissions on record noted that both PIO and the FAA have completely ignored the above three points (3 to 5). The Appellant no doubt has a right to be informed if information is available on record. Hence the PIO is directed to provide point wise information against the three points . If such information is not available on record,, the PIO to admit non availability of the information to the Appellant.
4. In any event, information pointwise to be provided to the Appellant by 20.2.12.
5. The petition is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri. S.K.Goel 153, Sandesh Vihar Pitam Pura Delhi 110 034
2. The Public Information Officer Department of Power 8th Level, BWing Delhi Secretariat I.P.Estate New Delhi
3. Officer in charge, NIC