Subhash Chander Bakhshi vs Edcil (India) Limited on 15 March, 2021

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Central Information Commission

Subhash Chander Bakhshi vs Edcil (India) Limited on 15 March, 2021

Bench: Saroj Punhani

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

File No : CIC/EDCIL/A/2020/121032

Subhash Chander Bakhshi                                   अपीलकता /Appellant
                                                      ......अपीलकता 


                                      VERSUS
                                       बनाम

CPIO
EDCIL LTD.,
RTI Cell, EDCIL HOUSE,
NO-18-A, SECTOR-16A, NOIDA,
(UP)-201301                                        .... ितवादीगण /Respondent

Date of Hearing                   :   15/03/2021
Date of Decision                  :   15/03/2021

INFORMATION COMMISSIONER :            Saroj Punhani

Relevant facts emerging from appeal:

RTI application filed on          :   18/02/2020
CPIO replied on                   :   NA
First appeal filed on             :   20/05/2020
First Appellate Authority order   :   NA
2nd Appeal/Complaint dated        :   22/07/2020




                                        1
 Note: The instant matter is being heard and decided out-of-turn based on a
request made by the Appellant which was approved by the bench on
26.02.2021.

Information sought

and background of the case:

The Appellant filed RTI application dated 18.02.2020 seeking information as under;

1. "As per Minutes of the meeting held on 28.09.2018 provide a copy of the agreement signed for SBI Pension Fund.

2. xxxxxxxxxxxxxxxx

3. xxxxxxxxxxxxxxx a. Upto what date/time the monthly pension shall continuously be released to undersigned?

b. In the event of death of policy holder, whether appellant's spouse shall be entitled for monthly pension or not? If yes, indicate the amount of monthly pension to spouse in such an eventuality. If not, whether his spouse/family shall be entitled to receive purchase price i.e. Rs. 1,27,546/-.

c. Since the date of commutation of pension is 16.11.2019, indicate from which date full pension (as per LIC) shall be restored (as is done in the case of pensioners of Central Government). d. Details of the concerned Branch of LIC be shared. e. Provide a certified copy of the Master Policy signed between EdCIL & LIC."

Having not received any response from the CPIO, the appellant filed a First Appeal dated 20.05.2019. FAA's order, if any, is not available on record.

Feeling aggrieved and dissatisfied with the non-receipt of information, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present through audio conference. Respondent: Sunil Kumar Mathur, DGM (HR Admn) & CPIO present through video conference.

The Appellant narrated the factual context of his RTI Application and stated that the complete information has not been provided by the CPIO till date.

At the outset, the CPIO tendered his unconditional regret for not having provided any reply to the RTI Application. He explained that the instant RTI Application was filed shortly before the COVID-19 pandemic led to a nation-wide lockdown and having contracted with the virus himself he was on leave for about a month and later the officer who took charge of the CPIO was also affected by the pandemic. The CPIO further submitted that however correspondences were made on the issues raised by the Appellant regarding his medi-claim and post retirement benefits through email on 16.11.2020. Lastly, the CPIO agreed to provide the available information to the Appellant as sought for in the RTI Application and also agreed to procure the relevant inputs from LIC, wherever applicable.

Decision The Commission condones the failure of the CPIO to provide a reply to the instant RTI Application within the stipulated time frame of the RTI Act considering the extraordinary circumstances created by the COVID-19 pandemic across the world affecting the functioning of the workplaces. Further, the CPIO is now directed to provide a point-wise reply to the RTI Application incorporating the specific and available information. In doing so, if any part or whole of the information sought for pertains to some other record holder, the same should be procured by the CPIO subject to availability and be directly provided to the Appellant. The said information should be provided free of cost to the Appellant within 15 days from the date of receipt of this order under due intimation to the Commission by the CPIO.

The appeal is disposed of accordingly.

सरोजपुनहािन) Saroj Punhani (सरोजपु हािन सूचनाआयु ) Information Commissioner (सू 3 Authenticated true copy (अिभ मािणतस यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4

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