Central Information Commission
Mr.Patras Gregory Khalkho vs Chief Commissioner Of Customs, Kolkata ... on 5 February, 2013
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/2012/001516
Dated: 05.02.2013
Name of Appellant : Shri Patras Gregory Khalkho
Name of Respondent : Office of the Chief Commissioner of
Central Excise, Kolkata.
Date of Hearing : 24.01.2013
ORDER
Shri Patras Gregory Khalkho, hereinafter called the appellant, has filed the present appeal dated 18.3.2012 before the Commission against the respondent Office of the Chief Commissioner of Central Excise, Kolkata for not providing information in reply to his RTI-application dated 2.12.2011. The appellant was absent whereas the respondent were represented by Shri Subhrajit Banerjee, Assistant Commissioner, Office of the Chief Commissioner, Central Excise, Kolkata Zone.
2. The appellant through his RTI application dated 2.12.2011 sought information on the following eleven queries: "(1) Please furnish the address of the office which acted as Pay and Account Office for Serampore Division, Kol-IV Commissionerate from March 08 to November, 08; (2) Please furnish the present postal address of this office; (3) Please state how much Employee Contribution was deducted from the salary of the appellant for the months from March, 08 to November, 08; (4) Please mention the date/dates on which the Employee and Employer contribution in respect of the appellant for the month of March, 08 to November, 08 uploaded in the NSDL CRA system; (5) Please mention the cheque number and date through which the Employee and Employer contribution in respect of the applicant deposited 2 Case No. CIC/SS/A/2012/001516 to the trustee bank for the month of March, 08 to November, 08; (6) If the answer to S. No. 4 is No then reason for not uploading the same may please be furnished; (7) Please state how much DA arrear was paid to the applicant during 2008; (8) Please state how much employee contribution was deducted from the DA arrear paid to the appellant during 2008; (9) Please mention the date/dates on which the Employee and Employer contribution for the amount of DA arrear paid to the applicant in the year 2008, uploaded in the NSDL, CRA system; (10) Please mention the cheque number and date through which the Employee and Employer contribution for the amount of DA arrear paid to the applicant in the year 2008 deposited to the trustee bank; and (11) If the answer to S. No. 9 is No , then reasons for not uploading the same may please be furnished".
3. After failing to get any response from the CPIO, the appellant filed first appeal on 18.1.2012 before the FAA. The FAA vide his order No. 03/Appeal/RTI/Addl. Commr/CCO/2011-12 dated 30.1.2012 observed that the appellant had submitted an RTI application dated 25.11.2012 to the CPIO along with one IPO addressed to the "CAO, PAO, Kol-I which was not correct. The said IPO was required to be addressed to the A.C.A.O, C.E. Kol-I. Thus the said application was not considered to be fit for taking necessary as per the RTI Act. Accordingly the CPIO vide letter dated 29.11.2011 returned the IPO along with RTI application to the appellant. The appellant sent a fresh application dated 2.12.2011. However, the track record shows that the letter was delivered to Haltu and not to Kolkata. Since the said letter had not been received by the office of the CPIO, CCO, no action could be taken on the said application. However, since the appellant did not receive the required information for a considerable time, he filed an appeal before the FAA. The FAA directed the CPIO, CCO, Kolkata to forward copy of the application dated 2.12.2012 of the appellant, within three days to the CPIO, Serampore Division, Kolkata-IV Division u/s 6(3) of the RTI Act with the request to provide the requisite information directly to the appellant within the stipulated time and after taking care of the provision of Rule 4 of the RTI Act (Regulation of Fee and Cost) Rules, 2005.
4. During the hearing the respondent CPIO states that in compliance with the directions of the FAA, the CPIO, CCO, Kolkata vide letter No. 1564 dated 3 Case No. CIC/SS/A/2012/001516 30.1.2012 transferred the RTI application to the CPIO, Serampore Division, Kolkata u/s 6(3) of the RTI Act. The CPIO, Serampore Division vide letter No. 2071-72 dated 7.2.2012 provided requisite information to the appellant on Point No. 1, 2, 3 of the RTI application, on Point No. 4 to 6 the CPIO replied "not applicable" to this Division; on Point No. 7 & 8 the appellant was informed that no amount arrear DA has been paid to the appellant from their Division and on Point No. 9 to 11 the appellant was informed that the information sought was not applicable to their Division.
5. The appellant has filed his written submissions vide his e-mail dated 24.1.2013, in which he states that he has received information at Point No. 1 to
3. However, he is yet to receive information on Point No. 4 to 11 of his RTI application.
6. The respondent CPIO during the hearing points out that the CPIO, Central Excise, Serampore Division vide his letter dated 7.2.2012 informed the appellant that the information requested at Point No. 4 to 6 pertains to NSDL, CRA System, which is maintained by the Pay & Accounts Office, Custom House, Central Excise, Kolkata-III Commissionerate, M.S. Building, Kolkata.
7. The Commission hereby directs the CPIO, Serampore Division, Kolkata to transfer Point No. 4 to 6 of the RTI application u/s 6(3) of the RTI Act to the CPIO, Central Excise, Kolkata-III Division within five days of receipt of this order. The CPIO, Central Excise, Kolkata.III Division, thereafter will reply to the appellant within two weeks of receipt of the RTI application. In so far as Point No. 7 to 11 of the RTI application is concerned, the CPIO has, vide his aforementioned reply already informed the appellant that no amount of arrear DA has been paid to the appellant from their Division. The CPIO who is present during the hearing, reiterates that no arrear of DA has been paid to the appellant during 2008. The CPIO, Central Excise, Serampore Division is directed to 4 Case No. CIC/SS/A/2012/001516 provide copy of the PBR Register for the year 2008 to the appellant within two weeks of receipt of this order.
The matter is disposed of on the part of the Commission with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Patras Gregory Khalkho, SRO Bommasandra, ESI Corporation No. 23, 9th B&C Main, BTM Ring Road, Opp. Indian Oil Petrol Pump, Bangalore-560029.
The CPIO, Office of the Chief Commissioner of Central Excise Kolkata, 180, Shantipally, Rajdanga, R.B. Connector, Kolkata-700107.
The First Appellate Authority, Office of the Chief Commissioner of Central Excise Kolkata, 180, Shantipally, Rajdanga, R.B. Connector, Kolkata-700107.
The CPIO, Pay & Accounts Office, Central Excise, Kol-III, 169, A.J.C. Bose Road, Kolkata-700014.
The CPIO, Office of the Assistant Commissioner of Central Excise, Serampore Division, Kolkata IV Commissionerate, Nizam Place, 1st MSO Building, 5 Case No. CIC/SS/A/2012/001516 (8th Floor) 234/4, AJC Bose Road, Kolkata-700020