Central Information Commission
Mr.M.C.Mittal vs Ministry Of Environment & Forests on 21 November, 2008
Central Information Commission
CIC/WB/A/2008/00879/AD
Dated November 21, 2008
Name of the Appellant : Mr.M.C.Mittal
158/1, Mahendra Vihar
Ballupur Road
Dehradun 248 001
Name of Public Authority : The CPIO
Ministry of Environment & Forests
Paryavaran Bhavan
CGO Complex, Lodhi Road
New Delhi 110 003
Background
1. The RTI request was filed on 12.4.07. The Appellant wanted the following information:
i) Stopping of illegal payment of encashment of earned leave beyond a maximum of 300 days and recovery of over payment made to the officials of Indian Council of Forestry Research & Education (ICFRE), Dehradun.
ii) Stopping of illegal payment of two additional increments and recovery of overpayment made to the officials of ICFRE, Dehradun.
iii) Recovery of illegally diverted Rs.29.20 crores from grant-in-aid to pension fund of ICFRE and punishment of authorities responsible for such financial irregularities.
2. The CPIO replied on 26.4.07 informing him about the transfer of his case to ICFRE, Dehradun vide letter dt.25.4.07. The Appellant filed his first appeal on 15.1.08. Aggrieved at not receiving any reply, the Appellant filed his second appeal before the CIC on 2.5.08.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 21, 2008.
4. Capt. Chandan Singh, Dir (FE) & CPIO and Mr.R.C.Pali, E&AO, ICFRE represented the Public Authority.
5. The Appellant was not present during the hearing.
Decision
6. The Respondents submitted their rejoinder which was a copy of the letter addressed to Secretary, MoEF dt.18.11.08 on the subject. The ICFRE stated in that letter that information against (i) has already been supplied to the Appellant vide letters dt.7.12.05, 10.1.06, 21.2.06.
7. Regarding payment of additional increments to absorbed employees, the Respondents stated that the Appellant had been provided with all the copies of communication between Ministry of Env. & Forests and ICFRE on this subject in which the Ministry had consented for payment of 2 additional increments. They also pointed out that the Board of Governors of ICFRE Society in its meeting held on 20.7.1995 approved granting of two additional increments to the absorbed ICFRE employees. Clear orders stated that 'On promotion of such absorbed employees and on revision of pay scale by the Pay Commission, these additional increments should be allowed at the rate of increment at appropriate stage of the higher/revised pay scale' and 'These additional increments should count for Dearness Allowance, Pension, DCRG and leave salary encashment.
8. Regarding the transfer of Rs.29.20 crores as given in the RTI application, the Appellant was provided with certified copies of the ICFRE's Order (based on a decision by the Board of Governors) regarding formation of Pension Fund Trust and details of the amount transferred to the Pension Fund Corpus set up in 1993.
9. The Respondents submitted that ICFRE is an autonomous body and had separated from the Ministry in 1991. As a result, Central Government officials were absorbed in the regular service of ICFRE with effect from 1993 and were allowed encashment of earned leave upto a limit of 240 days according to the Dept. of Pension rules dt.30.10.96. They were also allowed encashment of leave upto 240 days thereby receiving double payments. The Respondents, in order to prove their point, drew the attention of the Commission towards Sec.(ii) of the Procedure for discharging pensionary liability which states 'Earned Leave at the credit of Govt. servants at the time of transfer to an autonomous body / public sector undertaking on the conversion of a Central Government Department / Office as such may be allowed to be encashed subject to a maximum of 180 (now 240) days)'. ICFRE went ahead as per the rule and made the payment. Therefore they argued that it was not an illegal payment.
10. Besides the information provided by the Respondents, the Commission also noted the contents of the telegram from the Ministry dated 10.3.93: "Govt. employees on their absorption in ICFRE with effect from 1.4.93 would be entitled for immediate encashment of earned leave in respect of service rendered under Central Govt. Leave to be earned in Society after absorption not required to be linked to such leave encashment. Transferred employees to be allowed accumulation of leave upto 240 days in society and same could be allowed to be encashed at the time of retirement from society. The issue here is whether ICFRE has been correct in linking up the encashment of earned leave while serving in the Govt. and the encashment of leave in the ICFRE and holds that this point is not clear from either the telegram or from other communications shared by the Respondents with the Commission.
11. The Commission directs the CPIO to provide information to the Appellant related to the two leave encashments, with certified copies of supporting documents/directives/instructions from the Government etc. The information to be provided to the Appellant within 15 days of receipt of this Order.
12. With regard to the proposal for creation of a pension fund and pension cell, the Respondents shared with the Commission the Agenda Item No.VI of the Board of Governors' meeting which states 'It was resolved that the total earning of the Council amounting to Rs.2.00 to Rs.3.00 Crores should be deposited as Pension Fund Corpus initially and matching grants to be arranged fro the Grants-in-aid so as to build up the required corpus of Rs.30.00 crores over a period of time.' The Respondents also shared a copy of the Order dated 5.9.95 stating that "the Director General, ICFRE with the approval of the Board of Governors is pleased to enhance the size of Pension Fund Corpus in ICFRE to Rs. 50 Crores over a period of time ensuring smooth and uninterrupted disbursement of Pension and other pensionary benefits .... . " Since this is a matter to be dealt with by the Ministry, ICFRE and Board of Governors, it is beyond the purview of the RTI Act.
13. The Commission has noted that the two additional increments have also been given through an Order dated 5 .9.95 based on a decision taken by the Board of Governors of ICFRE. The Commission holds that this matter is beyond the purview of the RTI Act.
14. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Asst. Registrar Cc:
1. Mr.M.C.Mittal 158/1, Mahendra Vihar Ballupur Road Dehradun 248 001
2. The CPIO Ministry of Environment & Forests Paryavaran Bhavan CGO Complex, Lodhi Road New Delhi 110 003
3. The Appellate Authority - RTI Ministry of Environment & Forests Paryavaran Bhavan CGO Complex, Lodhi Road New Delhi 110 003
4. Officer incharge, NIC
5. Press E Group, CIC