Central Information Commission
Mantena Mallaiah vs Coal Mines Provident Fund Organisation on 16 September, 2021
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/CMPFO/A/2020/117630
Mantena Mallaiah ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Coal Mines Provident Fund
Organisation, RTI Cell,
Millennium Complex, I.B.
Colony, Godavarikhani
-505209, Distt. Karimnagar,
Telangana. .... ितवादीगण /Respondent
Date of Hearing : 15/09/2021
Date of Decision : 15/09/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 14/01/2020
CPIO replied on : Nil
First appeal filed on : 11/03/2020
First Appellate Authority order : Nil
2nd Appeal/Complaint dated : 15/06/2020
Information sought:
1The Appellant filed an RTI application dated 14.01.2020 seeking the following information;
1. Provide the detailed information of the amount credited as his share in CMPF account and the amount credited by Singerni Colleries Company Limited as their share in my CMPF account and the total interest amount credited in my CMPF account from the period 21.03.1977 (1977- year of job appointment) to (CMPF) Account No. H/7/96/364.
2. Provide the detailed information of the amount credited as my share in my CMPF account and the amount credited by Singerni Colleries Company Limited as their share in my CMPF account and the total interest amount credited in my CMPF account from the period 01.04.2011 to 31.03.2017 from the coal mines provident fund (CMPF) Account No. H/7/96/364.
3. Provide the detailed information of the amount credited as my share and the amount credited by Singereni Colleries Company Limited as their share as CMPS (Coal Mines Pension Scheme) 1998 corpus fund in my CMPF account No. H/7/96/364. From the period 01.04.2011 to 31.03.2017.
4. Provide the detailed information of the points taken in to consideration to pay the amount of Rs. 5505 as the monthly pension in my pension pay order No. 19200345466 and calculated coal mines pension details.
5. Provide the detailed information of the monthly pension amount details up to 31.03.2017 (The date of retirement. If you have calculated).
According to the guidelines of coalmines pension scheme 1998. The date of retirement was 31.03.2017.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 11.03.2020. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of desired information, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Represented by Nasif Alam, STO present through video-conference.2
The Rep. of CPIO reiterated the contents of CPIO's written submission dated 08.09.2021 as under -
"The applicant in his RTI application basically asked details of the CMPF and pension contributions & interest (on PP) for two periods (A) From 21.03.1977 to 31.03.2011 (B) From 01.04.2011 to 31.03.2017 On examining the claim file, it appears that the member had filed Writ Petition in the high Court to consider his Date of Retirement as 31.03.2017 instead of 31.03.2011 but the Court considered 31.03.2011:-
1. The applicant's application dated: 14.01.2020 was not received in this office. His first letter was received with the First Appellate Authority judgement on 09.06.2020. (Annex-I). He was informed that his application dated 14.01.2020 was not received in this office.(Annex-II)
2. It was replied by registered post on 11.06.2020 (Annex-II),relevant extract of which is reproduced below-
Although complete information on all points sought by him was provided (upto 2017). However as a matter of abundant precaution and to help the applicant, his Employer was also asked (Annex-III) by registered post to provide information for B. (Serial No. 2 & 4).
3. From the above, it is clear that all information sought by the applicant has already been provided to him(as aforesaid). However, copies of the same are being endorsed to the applicant by registered post (again) information."
To a query from the Commission, the Appellant denied the receipt of complete information from the CPIO and he further narrated his grievance regarding payment of his pension contributions, basis of calculation of his CMPF and pension details on his superannuation.
Decision:
The Commission based upon a perusal of facts on record observes that the reply given by the CPIO adequately suffices the information sought for by the Appellant 3 as per the provisions of RTI Act, leaving behind no scope of further relief in the matter. However in the interest of justice, the Commission directs the CPIO to ensure that a copy of the latest reply dated 08.09.2021 with all the enclosures containing the additional information is provided to the Appellant within 10 days of receipt of this order under due intimation to the Commission.
Also, the Commission empathizes with the concern of the Appellant and advises him to pursue his grievance regarding the amount of his pension contribution, interest and CMPF through administrative channel.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4