Central Information Commission
N Sharada Bai vs Central Board Of Indirect Taxes And ... on 5 January, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CBECE/A/2021/135394
N Sharda Bai ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
O/o Pay and Accounts Officer,
Central Goods and Service Tax,
RTI Cell, CGST Building, IIIrd
Floor, Club Road, Belagavi-590001,
Karnataka. .... ितवादीगण /Respondent
Date of Hearing : 04/01/2023
Date of Decision : 04/01/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 18/09/2020
CPIO replied on : 19/10/2020
First appeal filed on : 12/11/2020
First Appellate Authority order : 15/04/2021
2nd Appeal/Complaint dated : 09/07/2021
Information sought:
The Appellant filed an RTI application dated 18.09.2020 seeking information in respect of action taken on her grievances pertaining to her Family Pension - Family Pensioner - Smt. N. Sharada Bai - PPO No. 540978700093, including inter alia:1
1. Provide all the copies of Office Noting maintained in the PAO, Belgaum from the stage of receipt to disposal of my grievance letters dtd. 08-07-2019 and dtd. 18-
09-2019.
2. Present status and the action taken information in respect of my grievance letters dtd.08-07-2019 and 18-09-2019 may be provided.
3. Provide the copies of correspondences made on my grievances in question if any to the CPAO or any concerned Office.
4. The exact reasons for not giving any action taken inform action/reply to my grievance letters referred above may be informed.
5. Provide all the copies of supporting documents/records on which basis, the Bank Account No. was shown as "508968700085" in the following documents issued by the PAO, Belgaum .
(i) PAO letter ref. Diary No, W054097150900022 dtd. 14-09-2015 addressed to the CPAO.
(ii) Letter ref. No. 540978700093A3 dtd. 19-07-2019 addressed to CPAO, New Delhi.
6. Provide the action taken information on the CPPC's, Indian Bank, Chennai letter ref. No. CPPC : CM : Rl :2018-19 dtd. 09-05-2018.
7. All the copies of letters/correspondences made to the Indian Bank, Ballari by the PAO, Belgaum from the beginning of my Family Pension to till date may be provided.
8. All the copies of letters/correspondences made to the CPPC, Indian Bank, Chennai by the PAO, Belgaum from the beginning of my Family Pension to till date may be provided.
9. Provide the copy of Original/initial PPO issued in connection with my Family pension.
10. Based on my grievance letter dtd.27-07-2019, what are the action was taken by the PAO in respect of correction of my Bank A/c No., which was showing wrongly by the PAO in the several correspondences made to the CPAO Office. Further, whether correct Bank A/c details has been informed to the CPAO/ 2 Concerned Offices may be informed and if so, the copies of such correspondences may be provided.
11. The date of post served the letter ref. No. PAO/CEX/BGM/PEN/2012-13/1620 dtd. 28-12-2012 to the Branch Manager, Indian Bank, Bellary may be informed. Copy of the postal receipt/Acknowledgement for having served the said letter to the Branch Manager, Indian Bank, Bellary may be provided.
12. The copy of the reply given by the Indian Bank, Bellary in respect of the PAO's letter ref, No. PAO/CEX/BGM/PEN/2012-13/1620 dtd. 28-12-2012 may be provided.
13. What is the purpose of the calling the certain information from the Indian Bank, Bellary vide PAO's letter ref. No. PAO/CEX/BGM/PEN/2012-13/1620 dtd. 28- 12-2012 may be informed. Further, inform, is it mandatary to give information by the Bank as sought in the PAO's above said letter may be informed.
14. ln respect of payment of applicable Medical Allowances to me, what documents/information/authorisation has been sent to the CPAO during the fixation of my Family Pensions initial stage may be informed. Provide the copies of the documents/records sent from the PAO office to the CPAO to issue subsequent order to the Pension paying bank for payment of Medical Allowances time to time.
15. Provide the Name, designation and address of the First Appellate Authority who attends the First Appeals pertaining to the PAO, Belagavi.
The CPIO furnished a pointwise reply to the appellant on 19.10.2020 stating as under:-
1. Grievance pertains to and addressed to the Pay and Accounts officer, O/o the Central Pension Accounting Office, New Delhi. However Grievance addressed to the Pay and Accounts officer, O/o Central Pension Accounting Office, New Delhi received in this office from CPAO New Delhi are returned to Central Pension Accounting office, New Delhi as no action in this office.
2. As per point No. 1 above.
3. As per point No. 1 above.
4. This office has no action.
5. Not mandatory as responsibility lies with family pensioner and the paying Bank (PDA).
6,7 &8. Not required to maintain files of old periods.
39. This office issued PPOs of Disbursers and pensioners copies through CPAO, New Delhi at the time of retirement of pensioner and is required to maintain any copy of PPO books.
10. Not mandatory as explained in point No.53
11. Not mandatory.
12. Not mandatory.
13. Not mandatory by this office to provide any information.
14. Fixed Medical Allowance is to be paid by the Bank as per Government of India orders from time to time. The responsibility lies with the P.D.A. opted by the pensioner (on his retirement.)
15. The Deputy Controller of Accounts, Central Board of indirect Taxes and Customs, Room No.A-202, II floor, Central GST Annexe Building, 121- Numngambakkam High Road, Chennai - 600034.
Being dissatisfied, the appellant filed a First Appeal dated 12.11.2020. FAA's order dated 15.04.2021, directed the CPIO as under:-
1.Copies of Office Noting maintained in the PAO, Belgaum from the stage of receipt of disposal of the Applicant's grievance letters dated 08.07.2019 and dated 18.09.2019 shall be provided to the Applicant in proviso to RTI Act 2005 wherein under Rule 3 it is clarified that file noting can be disclosed except file noting containing information exempt from disclosure under Section 8 of the Act.
2.Present status on the action taken by the CPIO to the grievance letters dated 08.07.2019 and 18.09.2019 shall be provided to the Applicant
3.The CPIO shall provide a copy of Ir.No.PAO/CEX(BGM/PENSION/2020-21 dated 17.10.2020 with all concerned copies sent to CPAO, New Delhi.
4.The CPIO shall substantiate to the Applicant on his stand that no action is required on the part of the PAO, Belgaun to the applicant's grievance letters.
5.The CPIO shall provide to the Applicant the proof/supporting documents for mentioning the wrong Bank Account No. to the Applicant.
6.The CPIO shall provide to the applicant the action taken by the PAO, Belgaun to the letter dated 09.05.2018 of the CPC, Chennai.4
7.The CPIO shall provide to the applicant the copies of letters/correspondences made to the Indian Bank, Ballari by the PAO, Belgaun from the beginning of the Applicant's Family pension to till date.
8.The CPIO shall provide copies of letters/correspondence made to the CPPC, Indian Bank, Chennai by the PAO, Belgaun from the beginning of the applicant's Family Pension to till date.
9.Since the PPO of pensioners and disbursers portion would not be available with the PAO, Belgaum, the CPIO shall provide a copy of the pension/family pension authorization letter addressed to the CPAO, New Delhi to the applicant
10.Copy of corrigendum letter on Bank Account No. issued to CPAO, New Delhi shall be provided to the applicant.
11.Copy of letter No. PAO/CEX/BGM/PEN/2012-13/1620 dated 28.12.2012 to the Branch Manager, Indian Bank Bellary shall be provided to the applicant.
12.The copy of the reply of the Indian Bank Bellary Branch to the PAO, Belgaum letter dated 28.12.2012 shall be provided to the applicant.
13.The copy of the reply of the Indian Bank, Bellary Branch to the PAO, Belgaum letter dated 28.12.2012 shall be provided to the applicant.
14.The copy of [pension/family pension authority authorizing initial Medical Allowance to the Pensioner/family pensioner shall be provided to the applicant."
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: P M Vishwamitra, Sr. Accounts officer & CPIO present through video-conference.
The Commission remarked at the outset that the Appellant vide written submission dated 22.12.2022 has sought exemption from participating in the hearing proceedings owing to her health issues and prayed the Commission to 5 decide the case on merits by taking into consideration the facts mentioned in her said written submission. She further harped on the fact that the CPIO has allegedly caused delay in giving proper/specific information in response to instant RTI Application within stipulated time frame as per RTI Act. In this regard, she sought penal action to be initiated against the CPIO under Section 20 of the RTI Act.
In response to Appellant's contentions, the CPIO invited attention of the bench towards his written submission dated 20.12.2022, relevant contents of which are reproduced below in verbatim -
"...the RTI applications filed by Smt. N. Sharada Bai and the FAA Order dated: 15.04.2021 have been re-examined by the undersigned after my joining and taking over the charge of CPIO, PAO, CBIC, Belagavi on 1st October, 2021 and the RTI applications and the orders of the FAA dated: 15.04.2021 have been attended to and the details and the information asked for by the applicant under RTI Act have been provided to the RTI Applicant Smt. N. Sharada Bai and the First Appellate Authority, Deputy Controller of Accounts, Central Board of Indirect Taxes & Customs (SZ), 26/1, Uthamar Gandhi Salai, Chennai-34 vide CPIO's letter No. PAO/CBIC/BGM/RTI/2021-
22/411-412 Dated: 2nd November, 2021...."
Decision:
The Commission upon a perusal of records and after hearing submission of the CPIO finds no infirmity in the reply and as a sequel to it further clarifications tendered by him during hearing as it was in consonance with the provisions of RTI Act.
Moreover, the issue raised by the Appellant regarding delay from CPIO's side in giving reply is unacceptable in view of the fact that timely response has been furnished by the CPIO as per the Act.
Thus, no further relief is granted in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) 6 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 7