Central Information Commission
Krishna Kumar vs Department Of Posts on 13 April, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
CIC/POSTS/A/2017/183456
Krishna Kumar v. PIO, Department of Posts
Order Sheet: RTI filed on 01.08.2016, CPIO replied on 22.08.2016, FAO on 13.10.2016, Second
appeal filed on 28.10.2016, Hearing on 09.04.2018;
Proceedings on 12.10.2017: Appellant present. Public Authority represented by Mr. I. C. Garg,
CPIO. Directions for compensation and Show cause issued.
Proceedings on 09.04.2018: Appellant absent, Public Authority represented by CPIO. Mr I.C.
Garg from NIC Kurukshetra from NIC
Date of Decision - 13.04.2018: Disposed
ORDER
FACTS:
1. Appellant sought action taken on SSPO's, Ambala Division, Ambala Office Memo No. B-9/APS dated 30.06.2014, placing Sh. Krishan Kumar, in PA Cadre w.e.f. 18.02.2006 in officiating capacity, copy of the note recording the officiating certificate, what was the pay, the said official (appellant) drawing before 18.02.2006, and what was the pay arrived at, in compliance to the SSPO's, Ambala Division, Ambala above orders, one copy of his service book w.e.f. July, 1988 showing the remarks of variation/increasing or revision in his pay till his superannuation be supplied. PIO replied on 22.08.2016 that the information sought by the appellant is not available in material form. Vide order dated 13.10.2016, the FAA upheld the response of CPIO and stated that it cannot intercede in the decision of CPIO.
2. The Commission's order dated 20.10.2017:
2. The appellant complained that there was no action taken by the public authorities on his representation about fixation of pay and revision of pension pending since 31.05.2016. The officer responded that the proposal for revision of pension as per 7th Pay Commission had been sent for pre-Audit to Ambala.
3. The Commission observes that the Department has failed in addressing the application of the appellant and has not furnished any response regarding the pendency of the representation or Pre-Audit in Ambala.
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4. The Commission directs the Public Authority to pay Rs. 5,000 as compensation to the immediately for causing unreasonable delay in addressing the appellant's representation; and directs Mr. I.C. Garg, CPIO to explain why maximum penalty should not be imposed upon him for not furnishing the information to the appellant, before 12.11.2017.
Decision :
3. Mr. I.C. Garg, CPIO in his his detailed explanatio to show-cause notice stated that the appellant was serving in Army Postal Service during the year 2005, and his service book was sent to officer ln-charge, P&T Administration Cell, Army Postal Service Centre for pay fixation, P&T Administration Cell; Army forwarded the service book along with statement of pay fixation APS to Acctt Section O/o DAP, Nagpur for further action with a copy to Postmaster KKR HO.
Thereafter several reminders were issued by Postmaster for pay fixation of the official and after receipt of Service book of said official the difference of pay and allowance was calculated and sent to Director of Accounts(postal) Ambala for pre audit. Meanwhile the said official submitted an application dated 12.01.16 to Postmaster Kurukshetra HO regarding stepping up of pay with Sh Vishal Sharma Postal Assistant Ambala Division and same was sent to SSPOs Ambala vide Postmaster.
4. Mr. Garg explained that so many authorities were involved in the case including Supdt. of post Office Kurukshetra Division, Kurukshetra, Sernior Supdt of Post Office Ambala Division, Ambala; P&T Admin Cell, Army Postal Service centre, Director of Accounts Ambala, Director of Accounts(postal) Nagpur and who attempted to resolve the appellant's issue regarding pay fixation and stepping up of pay. The appellant also submitted that the reply given to the appellant's RTI on 22.08.2016 was within 30 days in which the appellant was informed that the service book along with other notings were with the dealing Divisions, hence, not available at their office during that time.
5. He further submitted that directions of the Commission dated 20.10.2017 (received at their office on 27.10.2017), directions have been complied with and compensation of Rs 5000/- has been paid to Sh Krishan Kumar on 09.11.2017 through a cheque. The documents including the photocopy of the cheque wereproduced before this Commission during the hearing.
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6. The records showed that the first response was furnished within 30 days, however, the CPIO could have explained the factual position and development in the appellant's case regarding stepping up of pay. The Commission finds that complete information has been furnished to the appellant and the explanation submitted by Mr. I.C Garg, CPIO is reasonable, hence, penalty proceedings are dropped. Disposed of.
Sd/-
(M. Sridhar Acharyulu)
Central Information Commissioner
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