R. K. Sharma vs Central Warehousing Corporation on 30 April, 2021

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Central Information Commission

R. K. Sharma vs Central Warehousing Corporation on 30 April, 2021

Bench: Neeraj Kumar Gupta

                               के ीय सूचना आयोग
                         Central Information Commission
                         बाबा गंगनाथ माग,मुिनरका
                         Baba Gangnath Marg, Munirka
                         नई द ली, New Delhi - 110067

ि तीयअपीलसं या/Second Appeal No.            CIC/CWCRP/A/2019/139604

Mr. R. K. Sharma                                          ... अपीलकता/Appellant
                                    VERSUS
                                     बनाम
CPIO, Central Warehousing                                  ... ितवादी/Respondent
Corporation, New Delhi

Relevant dates emerging from the appeal:-

RTI : 28-05-2019            FA    : 06-07-2019          SA     : 16-08-2019

CPIO : 18-06-2019           FAO : 31-07-2019            Hearing: 15-04-2021

                                   ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Warehousing Corporation, New Delhi seeking certified copy of the statement showing PRP payable to the executives of CWC for the year 2016-17.

2. The CPIO responded on 18-06-2019. The appellant filed the first appeal dated 06-07-2019 which was disposed of by the first appellate authority on 31-07- 2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Hearing:

3. The appellant, Mr. R. K. Sharma attended the hearing through audio conferencing. Ms. ManishaSabrawal, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

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4. The appellant limited his submissions on supplying a 'certified copy of the statement showing PRP payable to the executives of CWC for the year 2016-17'.

5. The respondent claimed exemptions u/Sections 8(1)(e) & 8(1)(j) of the RTI Act, 2005 on the premise that the Performance Related Pay (PRP) is calculated based on the Basic Pay, CPF Code, Place of Posting, cadre etc. which is personal in nature and kept in the fiduciary capacity.

Decision:

6. This Commission observes that as per Section 4(1)(b)(x) of the RTI Act, 2005, every public authority is required to publish/disclose the monthly remuneration of its officers and employees. Hence, the exemptions available u/Section 8(1)(j) r/w Section 8(1)(e) of the RTI Act, 2005 are not attracted if the gross figure of the Performance Related Pay (PRP) payable to the executives of CWC for the year 2016-17 is disclosed to the appellant as per the available records. Hence, the CPIO is directed to furnisha 'certified copy of the statement showing PRP payable to the executives of CWC for the year 2016-17' to the appellant, within a period of 15 working days from the date of receipt of this order.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.

Neeraj Kumar Gupta (नीरज कु मार गु ा) Information Commissioner (सूचना आयु ) दनांक / Date : 15-04-2021 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक),(011-26105682) Addresses of the parties:

1. CPIO Central Warehousing Corporation 4/1, Siri Institutional Area, HauzKhas, New Delhi-110016

2. Mr. R. K. Sharma Page 2 of 2

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