Indian Kanoon - Search engine for Indian Law

Central Information Commission

Amol Kumar Mishra vs Bharat Sanchar Nigam Limited on 4 March, 2024

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                 के न्द्रीयसूचनाआयोग
                       Central Information Commission
                             बाबागंगनाथमागग, मुननरका
                       Baba Gangnath Marg, Munirka
                         नईदिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/BSNLD/A/2023/602579


Shri Amol Kumar Mishra                                     ... अपीलकताग/Appellant
                                 VERSUS/बनाम

PIO, Bharat Sanchar Nigam Limited, Lucknow             ...प्रनतवािीगण /Respondent

Date of Hearing                       :   04.03.2024
Date of Decision                      :   04.03.2024
Chief Information Commissioner        :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :       10.08.2022
PIO replied on                    :       12.09.2022
First Appeal filed on             :       21.09.2022
First Appellate Order on          :       15.10.2022
2ndAppeal/complaint received on   :       13.01.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 10.08.2022 seeking information on following points:-

"1. The details of Family Pension sanctioned to Smt. Nirmalatmika Misra after demise of her husband Late Mr. S. N. Misra A.E. Phone, O/o DMT, Lucknow Telecom District, on 25/11/1974

2. A copy of calculation sheet and PPO No. TC/Lw-DMT/FP-6.

3. Details along with calculation sheet, of notional fixation of pay of Late Shri S. N. Misra (A.E. Phones) as per recommendation of 5th CPC, with effect from 1/1/1986.

4. Details of family pension fixed as per recommendation of 5th CPC, with effect from 1/1/1996 in favour of Smt. Nirmalatmika Mishra widow of Late Shri S. N. Misra.

5. Details of payment of dearness Relief admissible on family pension in this case, as per the recommendation of 5th CPC .

6. Details of revision of family pension as per recommendation of 6th CPC, with effect from 1/1/2006

7. Details of revision of family pension as per recommendation of 7th CPC with effect from 1/1/2016

8.Details of procedure for sanction of family pension (of Late Shri S. N. Misra) in favour of the daughter Miss Monika Mishra, after demise of family pensioner Smt. Nirmalatmika Mishra (Late Smt. Nirmalatmika Mishra was getting the family pension till her death on 12/11/2020). The daughter has no source of income and is solely dependent on mother's family pension.

Miss Monika Mishra is the daughter of Late Shri S. N. Misra A.E. Phone, O/o DMT, Lucknow Telecom District Lucknow and Late Smt. Nirmalatmika Mishra Retd. S.S.O. 0/0 PGMTD, Dept. of Telecom Lucknow."

The CPIO, Account Officer (Pension) O/o PGM, BA, Kaiserbagh, BSNL Lucknow vide letter dated 12.09.2022 replied as under:-

"Point Nos. 1 to 7:-Information not available in this section. Point No. 8:-For details Rule 50 of CCS Pension Rules, 2021 may be referred to."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 21.09.2022. The FAA and Chief GM, BSNL, Lucknow vide order dated 15.10.2022 upheld the reply of CPIO.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

A written submission has been received from the Appellant vide letter dated 25.02.2024 which has been taken on record.

Facts emerging in Course of Hearing:

Appellant: Present Respondent: Smt Prakriti Shrivastava, CPIO and DGM (Admin) The Appellant stated that he required access of the service book and contributory pension file of his father Late S N Mishra in order to support his contentions in the Writ Petition filed before the Hon'ble High Court of Allahabad, Lucknow Bench. He stated that the documents were required to put up a strong case before the Hon'ble High Court so that his sister is sanctioned the family pension of his later father and the same is revised are per the recommendations of the respective CPC.

Shri Prakriti Shrivastava stated that the information requested by the Appellant is not available on their records which was conveyed vide their letter dated 12.09.2022.

Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs Smt Prakriti Shrivastava, CPIO and DGM (Admin) to re-examine the matter and make another attempt to thoroughly search the records sought in the RTI application. In case after re-examination it is still found that no information is available on record an appropriate affidavit should be issued in this regard to the Appellant. The above direction should be complied within 30 days from the date of receipt of this order under intimation to the Commission.

The instant Second Appeal stands disposed off as such.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3