Central Information Commission
Mr.G Rajaraman vs Ut Of Pondicherry on 31 October, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000564,
CIC/SS/A/2012/000565 &
CIC/SS/A/2012/001467
Dated: 31.10.2012
Name of Appellant : Shri G. Rajaraman
Name of Respondent : Police Headquarters, Puducherry
Date of Hearing : 27.09.2012
ORDER
Shri G. Rajaraman, the appellant has filed these three identical appeals each dated 25.11.2011 before the Commission against the respondent Police Headquarters, Puducherry for providing partial and misleading information in response to his RTI-request dated 22.6.2011. The matter came up for hearing on 27.09.2012 at Puducherry. The appellant was absent, whereas the respondents were represented by Shri Parwaiz Ahmad, SSP (HQ) and Shri I.R.C. Mohan SP (HQ).
2. The appellant filed an RTI application dated 22.6.2011 in which he sought information on the following three queries "(a) Please provide one attested copy of Form-7 and the work of preparing pension papers including verification of service, two years in advance of the date on which the appellant is due to attain the age of superannuation or the date of anticipated retirement if earlier; (b) Please provide an attested copy of Form 5 and 8 of pension compilation in respect of the appellant; and (c) Attested copy of pension calculation sheet in the 2 Case No. CIC/SS/A/2012/000564 CIC/SS/A/2012/000565 & CIC/SS/A/2012/001467 prescribed Form forwarded to the Accounts Officer along with pension papers of the appellant". The PIO vide letter No. D6/E.II/2011/Sup(261)(5406) dated 20.7.2011 informed the appellant that qualifying service has not so far been arrived by the competent authority and the issue of attested copy of Service Book could not be considered in pursuance of Rule 257 of GFR, since it is not applicable in the case.
3. Aggrieved by reply from PIO the appellant filed first appeal on 19.8.2011 before the FAA. The FAA vide order No. 45(b)/SSP(HQ)/RTI/2011 dated 16.9.2011 passed his order as follows: "It is stated that Rule-32(1) of CSS (Pension Rules) 1972 reveals that 'On a Government servant completing twenty- five years of service or on his being left with five years of service before the date of retirement, whichever is earlier, the Head of Office in consultation with the Accounts Officer shall, in accordance with the rules for the time being in force, verify the service rendered by such a Government servant determine the qualifying service and communicated to him in Form-24, the period of qualifying service so determined'. However, the qualifying service has not been arrived at so far by the Competent Authority and the Section was in receipt of the service book only on 28.6.2011. Further as per rule 257(2) of GFR "The Service Book of a Government Servant shall be maintained in duplicate. First copy shall be retained and maintained by the Head of Office and the second copy should be given to the Government servant for safe custody. And Rule 257(4) of GFR says "In case the Government servants' copy is lost by the Government servant, it shall be replaced on payment of a sum of Rs. 500/-. On perusal of service book, it was found that the qualifying service has not been arrived at so far by the Competent Authority and hence the same could not be supplied. As the Government servant appears to be not maintaining the second/duplicate copy of Serve Book under his safe custody the question of replacement of the same on payment of sum of Rs. 500/- may not arise as per rule 257".
3 Case No. CIC/SS/A/2012/000564CIC/SS/A/2012/000565 & CIC/SS/A/2012/001467
4. During the hearing the respondent submit that the blank pension forms were forwarded to the appellant on 28.6.2011 whereas the appellant submitted the filled in forms only on 2.9.2011. The appellant submitted his RTI application on 22.6.2011 and was replied to by the PIO on 20.7.2011. Only on receipt of the Form-3, Form-5 etc. was it possible for the establishment section to prepare the pension proposal in Form-8 and Form-9 and calculation sheet etc. Hence at that time it was hardly be possible to supply the forms which had not yet been prepared by the establishment section. However, the pension papers of the appellant have since been completed and forwarded to the Directorate of Accounts and Treasury (DAT) for settlement of pension. Regarding the request for providing attested copy of qualifying service certificate and Serve Book of the appellant, the respondent submits that the qualifying service certificate is not required because the final settlement is over. The Serve Book has been forwarded to the DAT.
5. Having considered the submissions of the respondent, the Commission hereby directs the respondent PIO to transfer the RTI application to the PIO, Directorate of Accounts and Treasury (DAT) under the provisions of Section 6(3) of the RTI Act for providing attested copy of the Service Book to the appellant, within five days of receipt of this order. The PIO, DAT will thereafter provide attested photocopy of the Service Book to the appellant free of cost, within ten days. Since the appellant is already in receipt of his pension, no further action is called for on remaining points of his RTI application.
The matter is disposed of on the part of the Commission with the above directions/observations.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) 4 Case No. CIC/SS/A/2012/000564 CIC/SS/A/2012/000565 & CIC/SS/A/2012/001467 OSD & Deputy Registrar 5 Case No. CIC/SS/A/2012/000564 CIC/SS/A/2012/000565 & CIC/SS/A/2012/001467 Address of the parties:
Shri G. Rajaraman, No. 330, VI Cross St. Kurumbapet, Puducherry-605009 The PIO, Police Headquarters, Government of Puducherry, Puducherry.
PIO, Directorate of Accounts and Treasury, Government of Puducherry, Puducherry.
The Senior Supdt. Of Police & First Appellate Authority, Police Headquarters, Puducherry.