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Central Information Commission

Aakash Goel vs Department Of Social Welfare Gnct Of ... on 23 October, 2023

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                       के न्द्रीय सच
                                                   ू ना आयोग
                             Central Information Commission
                                     बाबा गंगनाथ मागग, मुननरका
                             Baba Gangnath Marg, Munirka
                               नई निल्ली, New Delhi - 110067

द्वितीय अपील सख्ं या / Second Appeal No.:- CIC/DSWGD/A/2023/612082-UM

Mr. AAKASH GOEL
                                                                            ....अपीलकताा/Appellant
                                             VERSUS
                                               बनाम

1. PIO/SUPDT. (NORTH-WEST-II)/
NODAL OFFICER,
DEPARTMENT OF SOCIAL WELFARE,
GNCTD, N.P.S BUILDING,
NEAR VISHRAM CHOWK, SECTOR-4,
ROHINI, NEW DELHI-110 085.

                                                                         ....प्रद्वतवादीगण /Respondent


Date of Hearing       :              18-10-2023
Date of Decision      :              23.10.2023

Date of RTI application                                                   06-01-2023
CPIO's response                                                           28-01-2023
Date of the First Appeal                                                  28-01-2023
First Appellate Authority's response                                      06-03-2023
Date of diarized receipt of Appeal by the Commission                      06-03-2023

                                             ORDER

FACTS "The Appellant vide his RTI application sought information as under:-

Ramwati receives old age pension under 769384. Her pension started in 2015. Her aadhaar, viz mandatory document for enrolment under old age pension is attached herewith. Aadhaar history is also annexed herewith. Her date of birth can be clearly seen to be 01-01-1949. Despite being over 70, she receives only Rs 2000 in monthly pension, and not Rs 2500. Please provide-
a. Copy of her old age pension application Page 1 of 3 b. Name, Designation, Email of officer responsible for entering wrong date of birth in Ramwati Application.
c. Name, Designation, Email of officer responsible for authorizing the correction of clerical mistakes by Department staff in enrolling citizens in welfare schemes.
The CPIO vide letter dated 28-01-2023, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated 06-03-2023, upheld the reply of the CPIO. Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Mr. Aakash Goel attended the hearing, Respondent: Mr. Sanjay Kumar, Superintendent, attended the hearing.
The Appellant while reiterating the contents of the RTI Application stated that the arrear payment of Ms. Ramwati is still pending with the respondent authority. He submitted that the reply which had been furnished is not in accordance with the information sought in the RTI application and requested the Commission to direct the public authority to furnish satisfactory information.
The Respondent while defending their case inter alia submitted that vide letter dated 07.10.2023, a suitable response in accordance with the provisions of the RTI Act, 2005, had already been furnished to the Appellant. He said that the file of arrear payment of Ms. Ramwati has been forwarded to the Head Quarter for further process and the grievance will be resolved within 45 days. Hence, no further information remained to be provided to the Appellant, he said.
DECISION:
The Commission after adverting to the facts and circumstances of the case, submission made by both the parties and perusal of records, observes that as the respondent assured the Commission Page 2 of 3 that the grievance of the Ms. Ramwati regarding payment of the arrears would be resolved and paid will be made within 45 day, the Respondent should provide an updated and concise revised reply to the Appellant, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 45 days from the date of receipt of this order under the intimation to the Commission.
The Commission further advises the Respondent public authority to look into the grievance of the Appellant in accordance with the extant guidelines, if necessary by calling the Appellant to their Office at a mutually convenient date and time to resolve the above said issue in a time bound manner, thus adhering to the law of natural justice.
The Appeal stands disposed of accordingly.
(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 / [email protected] द्वदनांक / Date: 23.10.2023
1. PIO/SUPDT. (NORTH-WEST-II)/ NODAL OFFICER, DEPARTMENT OF SOCIAL WELFARE, GNCTD, N.P.S BUILDING, NEAR VISHRAM CHOWK, SECTOR-4, ROHINI, NEW DELHI-110 085.
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