Central Information Commission
Skaria K T vs Ministry Of Home Affairs on 12 July, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DOEXP/A/2017/171356/MHOME
Skaria K T ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Pay & Accounts ...प्रनतवािी/Respondent
Officer, O/o PAD (BSF),
Ministry of Home Affairs,
Madangir Road, New Delhi.
Relevant dates emerging from the appeal:
RTI : 17-01-2017 FA : 29-03-2017 SA : 12-09-2017
CPIO : 14-02-2017
FAO : Not on record Hearing : 09-07-2019
(Transfer)
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer CPIO, Central Pension Accounting Office, Bhikaji Cama Place, New Delhi seeking information on two points pertaining to payment of additional gratuity to pre-1996 retirees as per Department of Pension & Pensioners Welfare, Government of India O.M. No. Page 1 of 4 45/86/97-P&PW(A) Pt. dated 04.12.2004, inter-alia, (i) whether applicant is eligible for additional gratuity and (ii) if yes, whether the applicant has to apply individually for the benefits.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO, Pay & Accouns Officer, PAD (BSF), New Delhi to whom his RTI application was transferred, did not provide the information sought by him and that the First Appellate Authority too did not respond to his appeal. The appellant requested the Commission to direct the CPIO, Pay & Accounts Officer, PAD (BSF), New Delhi to provide the information sought by him.
Hearing:
3. The appellant Shri Skaria K T attended the hearing through video- conferencing. The respondent was not present despite notice.
4. The appellant submitted that the information has not been provided to him by the CPIO, Pay & Accounts Officer, PAD (BSF), New Delhi. He requested the Commission that complete information should be provided to him as sought by him in his RTI application dated 17.01.2017.
Decision:
5. The Commission, after hearing the submissions of the appellant and perusing the records, observes that the RTI application of the appellant was transferred under Section 6(3) of the RTI Act to the Pay & Accounts Officer, O/o. PAD (BSF), M/o. Home Affairs, New Delhi for furnishing information to the appellant. However, there is nothing on record which shows that information has been provided to the appellant. In view of this, the Commission directs the respondent to provide point-
Page 2 of 4wise reply/information to the appellant as sought for vide his RTI application dated 17.01.2017 within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
6. The Commission takes a serious view of the absence of the CPIO despite notice. The Commission directs the CPIO, Pay and Accounts Officer (BSF), Ministry of Home Affairs to submit a written statement before the Commission, explaining his absence, along with the comments of the First Appellate Authority, before 08.08.2019 both by post and by uploading to http://dsscic.nic.in/online-link- paper-compliance/add..
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 10.07.2019 Authenticated true copy (अनभप्रमानित सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:
1. The First Appellate Authority (FAA), The Pay & Accounts Officer, O/o PAD (BSF), Ministry of Home Affairs, Room No. 220, 2nd Floor, Pushpa Bhavan, Madangir Road, NewDelhi-110062.
2. The Central Public Information Officer (CPIO), The Pay & Accounts Officer, O/o PAD (BSF), Ministry of Home Affairs, Room No. 220, 2nd Floor, Pushpa Bhavan, Madangir Road, NewDelhi-110062.
3. Shri Skaria K T. Page 4 of 4