Central Information Commission
Sachin Pathania vs Controller General Of Defence Accounts ... on 19 February, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No:
CIC/CGDAC/C/2024/638173
CIC/CGDAC/A/2024/642733
Sachin Pathania ....अपीलकता/Appellant/complainant
VERSUS
बनाम
.... ितवादीगण /Respondent
1. The CPIO ACDA, O/o the Principal Controller of Defence Accounts (Pension), Draupadighat, Prayagraj - 211014 2. The Oi/c, Civil Sparsh, Local, Draupadighat, Prayagraj - 211014 Date of Hearing : 16.02.2026 Date of Decision : 19.02.2026 INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
The instant appeal and complaint are arising out of same RTI application, hence both the cases have been clubbed.
Relevant facts emerging from appeal/Complaint:
Page 1 of 8Case No. Date of RTI CPIO Reply First appeal dated FAA order Second Appeal/ complaint dated 638173 20.06.2024 03.07.2024 11.07.2024 09.09.2024 27.08.2024 & 24.09.2024 642733 20.06.2024 03.07.2024 11.07.2024 09.09.2024 27.08.2024 & 24.09.2024
1. Information sought:
The Appellant/complainant filed an RTI application dated 20.06.2024 seeking the following information:
"(a) Controller General of Defence Accounts through email dastid [email protected], [email protected]
(b) Jt. CGDA (Pension Wing, Pension Grievances, Migration of pending legacy data on SPARSH & P&C Portal) [email protected]
(c) Principal Controller of Defence Accounts (Pension) Draupdighat, Prayagraj 211014 through email [email protected] AS THE INFORMATION PERTAINS TO THE LIFE OF MISS SACHIN PATHANIA, HENCE THE INFORMATION SHOULD BE PROVIDED WITHIN 48 HOURS OF THE RECEIPT OF THIS RTI APPLICATION as per RTI Act, 2005.
(1) Provide me the status of the pension of unmarried daughter Miss Sachin Pathania.
(2) Provide me the status of the updating of the pension related document/profile of unmarried daughter Miss Sachin Pathania on the SPARSH portal.
(3) Details Name and designation of the person to whom duty assigned to upload document/profile of unmarried daughter Miss Sachin Pathania on the SPARSH portal along with the date on which the duty assigned and the time taken, if the same is assigned to more than one person details of all persons.Page 2 of 8
(4) As Late Smt. Sandhya W/o Late Sh. Babu Ram Pathania demise on 2 Sep., 2023 and thereafter unmarried daughter Miss Sachin Pathania applied for the pension, provide me the details of the name of the person along with designation and complete postal address with whom the documents are pending till date from the day of the receipt of the same and the action taken by that person.
(5) Provide me the Sop for the family pension, if any. (6) In case there is no timeline/SoP for the family pension provide me the orders of the competent authority to not to make any such SoP.
(7) Provide me the details number of the family pension (application/s) pending in your office for more than 7 days, 1 month, 2 months, 3 months, 4 months, 5 months, 6 months, 7 months, 8 months, 9 months, 10 months, 11 months, 1 year,
2 years, 2 years and so on in years."
2. The CPIO furnished a reply to the Appellant/complainant on 03.07.2024 stating as under:
"With reference to above, it is intimated that you have not sought for any information as defined in section 2(f) of the RTI Act-2005 rather, you have desired to start to family pension. In this regard, it is stated that only those information can be furnished under RTI Act that are available with the public authority in any material form (Soft or Hard Copy).
However, considering grievance, your application is being forwarded to concerned Section of this office for their examination and furnishing reply directly to you. (The Oi/c, Civil Sparsh,Local Please find enclosed the copy of application cited under reference in r/o of above named applicant. It is requested to examine the case & furnish reply directly on priority bases to him under intimation to this Cell. Pensioner's Sparsh PPO No is 899199300075.). Name of the FAA is not mentioned."Page 3 of 8
3. Being dissatisfied, the appellant/complainant filed a First Appeal dated 11.07.2024. After filing of appeal, CPIO vide letter dt. 09.09.2024 replied to appellant/complainant stating as under :
"With reference to above, it is intimated that your case has been examined by the concerned section of this office and necessary comments regarding information sought for by you are being mentioned in this office letter No. CIVIL/SPARSH/T2/2024 dated 06- 09-2024 copy of which is enclosed herewith for your ready reference. Further, it is intimated that opportunity of first appeal under Section 19(1) will remain available to you in case of dissatisfaction of above response.
Letter dt.06.09.2024 as under:-
Point (1) to (4) It is observed from SPARSH Portal that the PPO in respect of Late Babu Ram Pathania was migrated in SPARSH on 20/09/2023. The death of the family pensioner was reported in SPARSH portal on 24 Nov 2023 vide which family pension was not claimed (screenshot enclosed) due to which the SPARSH account became "INACTIVE".
Further, an "Initiate Family Pension" (IFP) was initiated on 20/08/2024 (screenshot enclosed) by the applicant and the same is under process. Point (5) & (6) For "Process of cases of Initiate Family Pension (IFP) on Sparsh Portal" CIRCULAR No. SPARSH (CIVIL)-14 dt 23/08/2024 has been issued by this office. The same is enclosed herewith.
Point (7) SPARSH module is in initial stage of implementation hence the desired information is not available at the moment.
Action by FAA
(i) Reply online portal dt. 11.07.202 :-
Controller General of Defence Accounts (CGDA) "APPEAL FORWARDED TO CONCERNED FIRST APPELLATE AUTHORITY."Page 4 of 8
(ii) Reply online portal dt. 10.09.2024:- Appeal disposed off vide this office letter No. AN/RTI/2021-2072-2281/SP/2024, dated 09-09-2024. The claim for family pension was chosen no by you on sparsh portal."
Feeling aggrieved and dissatisfied, appellant/complainant approached the Commission with the instant Second Appeal/Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant/complainant: Not Present Respondent: Mr. Akhilesh Garg, CGDA
4. Proof of having served a copy of complaints on Respondent, while filing the same in CIC, is not available on record.
5. The Appellant/complainant is not present despite having served the notice of hearing.
6. The respondent while defending their case inter alia submitted that the RTI applications dated 20.06.2024 was replied vide letter dated 03.07.2024 stating that the applicant had sought redressal of grievance relating to family pension rather than information as defined under Section 2(f) of the RTI Act, 2005, and accordingly the matter was treated as a grievance and forwarded to the concerned section of the office for examination and redressal. Again on 09.09.2024 reply was sent to appellant/complainant and she was informed about letter dated 06.09.2024 through which it was informed to the appellant/complainant that PPO of Babu Ram Pathania was migrated on SPARSH portal on 20.09.2023 and as when death of the family member was reported on portal on 24.11.2023, family pension was not claimed due to which SPARSH account became inactive. However, now her grievance is resolved. On being asked it is admitted that the delay was caused during the period of the then CPIO Sh. Virendera Kumar.
7. Written submissions dated 10.02.2026 filed by the respondent CPIO is taken on record. It is submitted therein that the Appellant/complainant had filed an RTI application seeking grant of family pension to Miss Sachin Pathania as unmarried daughter. The same was replied to on 04.09.2024 and treated as a grievance. Being dissatisfied, the Appellant/complainant filed a First Appeal which was disposed of on 04.10.2024 by enclosing the letter dated 06.09.2024, wherein it was clarified that the SPARSH account had become Page 5 of 8 "INACTIVE." It is further submitted that upon receipt of the hearing notice from the Commission, the matter was re-examined and a point-wise reply to the RTI application has now again been furnished. It has been informed that the new PPO No. 801199300464 has been generated in respect of the earlier PPO No. 899199300075, and the family pension in respect of Miss Sachin Pathania was notified on 04.10.2024. Arrears of family pension were also paid in October, 2024. The Respondent has submitted that the available information has been provided and the grievance stands resolved after notification of PPO and payment of arrears.
Decision:
8. The Commission after adverting to the facts and circumstances of the case, hearing the parties present and perusal of the records, notes that the Appellant/complainant had filed the RTI application dated 20.06.2024 seeking information regarding the status of her family pension on SPARSH portal, details of officials responsible, pendency of documents, SOP for family pension and pendency statistics. The then CPIO replied on dated 03.07.2024 by merely treating the RTI application as a grievance and did not examine each query in light of the definition of "information" under Section 2(f) of the RTI Act.
It is further observed that it is only after receipt of notice of hearing from the Commission, the matter was re-examined by the respondent reply has now been furnished. This clearly indicates that relevant information was available in material form and could have been accessed and supplied earlier with due diligence. The Commission notes the reply of the then CPIO was casual and not in consonance with the spirit of the RTI Act. Merely stating that the query does not fall under Section 2(f) without examining each point carefully and without furnishing available information from the records reflects lack of due diligence on his part. Further, failure to indicate the name of the First Appellate Authority is a violation of statutory requirements.
Further, the Commission finds that the then CPIO, Mr. Virendera Kumar, ACDA gave part information with respect to RTI application dated 20.06.2024 to the appellant/complainant on 06.09.2024 after a delay of 46 days i.e. only when the matter reached to FAA.
The Commission also takes serious note on the conduct of the First Appellate Authority as its decision dated 10.09.2024, as reflected on the online portal, states that the appeal was disposed of vide office letter No. AN/RTI/2021-2072-2281/SP/2024 dated 09.09.2024, mentioning that "the Page 6 of 8 claim for family pension was chosen 'No' on the SPARSH portal." Whereas the letter dated 09.09.2024 was signed by the then CPIO. Therefore, the FAA failed to independently adjudicate the grounds raised in the First Appeal and did not pass a reasoned, speaking order.
With regard to the Complaint, the Commission is prima facie satisfied that there has been delay, incomplete reply and irregularity on the part of the then CPIO, and mechanical and inconsistent disposal of the First Appeal by the FAA.
The appellant/complainant was not present during the hearing nor did she submitted any written submission or rejoinder to the written submissions filed by the respondents. It indicates that perhaps she is not keen to pursue the matter further. Therefore, no further intervention of the Commission is warranted on the second appeal.
Notwithstanding, the above taking note of the complaint, the then CPIO Mr. Virendera Kumar, ACDA is directed to submit a written explanation as to why action under Section 20(1) of the RTI Act, 2005 should not be taken against him for furnishing delayed, incomplete information and his failure to mention details of FAA, within 21 days from the date of receipt of this Order. The written explanation shall be submitted along with the comments of FAA. Nodal Officer, RTI of the Public Authority shall ensure compliance on the above directions.
With above observations and directions, the instant appeal and complaint are disposed.
Sd/-
SANJEEV KUMAR JINDAL (संजीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date: 19.02.2026 Authenticated true copy (अिभ मािणत स ािपत ित) (S K Chitkara) Dy Registrar 011- 26107051 Page 7 of 8 Addresses of the Parties:
1. The CPIO ACDA, O/o the Principal Controller of Defence Accounts (Pension), Draupadighat, Prayagraj - 211014
2. The CPIO The Oi/c, Civil Sparsh, Local, Draupadighat, Prayagraj - 211014
3. Then CPIO Virendera Kumar ACDA, O/o the Principal Controller of Defence Accounts (Pension), Draupadighat, Prayagraj - 211014
4. FAA, RTI ACDA, O/o the Principal Controller of Defence Accounts (Pension), Draupadighat, Prayagraj - 211014
5. Nodal Officer, RTI O/o the Principal Controller of Defence Accounts (Pension), Draupadighat, Prayagraj - 211014
6. Miss Sachin Pathania Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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