Central Information Commission
Sushma Verma vs Petroleum And Explosives Safety ... on 23 July, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/PAESO/A/2018/108353/01159
File no.: CIC/PAESO/A/2018/108353
In the matter of:
Sushma Verma
... Appellant
VS
Central Public Information Officer
Deputy Controller of Explosives,
Petroleum and Explosives Safety Organisation,
Office of Jt. Chief Controller of Explosives A-Wing
IInd Floor, Kendralaya, 63/4, Sanjay Place, Agra-282002
&
Deputy Chief Controller of Explosives,
Petroleum and Explosives Safety Organisation,
A Block, 5th Floor, CGO Complex, Seminary Hills, Nagpur- 440006
... Respondents
RTI application filed on : 25/09/2017 CPIO replied on : 11/10/2017 First appeal filed on : 25/10/2017
First Appellate Authority order : 22/11/2017 Second Appeal dated : 07/02/2018 Date of Hearing : 23/07/2018 Date of Decision : 23/07/2018 The following were present:
Appellant: Present alongwith Advocate Ajay Pal Singh (Representative) Respondent: Shri A.K Mehta, Controller of Explosives and CPIO; Shri S.D Mishra, Controller of Explosives and CPIO 1 Information Sought:
The appellant has sought the following information:
1. Action taken till date on the application submitted by the appellant dated 17/05/2017, 19/05/2017, 11/07/2017 and 26/07/2017 by the Joint Chief Controller of Explosives, Nagpur and by Agra office.
2. The total amount of gratuity payable till date of appellant husband Mr. Gopal Verma MTS and as to when it will be paid.
3. The total amount of provident fund payable till date of appellant husband Mr. Gopal Verma MTS and as to when it will be paid.
4. And other related information.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant's representative submitted that it has been 27 months since the appellant has been deprived of her pensionary benefits and the application for compassionate appointment also has not been considered yet. He further submitted that the reply provided by the CPIO is not satisfactory. The CPIO submitted that an appropriate reply was provided on 11.10.2017. Observations:
Based on a perusal of the record, it is noted that the information sought in respect of points no. (b) to (e) of the RTI application is hypothetical in nature and is not covered under the definition of information u/s 2(f) of the RTI Act. In respect of point no. (a) Action taken till date on the application submitted by her vide letter dated 17/05/2017, 19/05/2017, 11/07/2017 and 26/07/2017 was sought. The status as of now has been given that the service record has gone to the PAO for verification.
Decision:
The CPIO Shri A.K Mehta Controller of Explosives and Shri S.D Mishra Controller of Explosives are directed to provide a revised reply in respect of point (a) of the RTI application by providing complete file notings on the up to date action taken on the above stated applications dated 17/05/2017, 19/05/2017, 11/07/2017 and 26/07/2017 by the Joint Chief Controller of Explosives, Nagpur and by the Agra office. In case no action was taken a categorical reply specifying the same should be given, within 15 days from the date of receipt of the order. Further, the entire matter regarding pensionary 2 File no.: CIC/PAESO/A/2018/108353 benefits and other dues may be sorted out between the two offices at Nagpur and Agra so that all dues are paid.
On perusal of the letter dated 19.07.2019 of the Senior Accounts Officer, Shri Kharat to the Chief Controller of Explosives, Nagpur it is noted with serious concern that the appellant has been deprived of her pensionary benefits and other dues, due to the callous attitude of the respondent authorities. An advisory is issued u/s 25(5) of the RTI Act to the Chief Controller of Explosives; Nagpur to evolve a mechanism through which the service grievance of the employees, especially retirement dues and pensionary benefits are not kept pending thereby forcing the applicants' to take the RTI route.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सच
ू ना आयु त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
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