Central Information Commission
Nawneet Kumar vs North Delhi Municipal Corporation ... on 31 October, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/NDMCN/A/2017/114782
Date of Hearing : 13.07.2018
Date of Decision : 12.08.2018
Date of Show Cause Hearing : 13.09.2018
Date of Decision : 30.10.2018
Appellant/Complainant : Mr. Nawneet Kumar
Respondent : PIO
Dy. Director of Education/Narela
North Delhi Municipal Corporation
Education Department
Through:- Sh. Ashok Sharma - Dy.
Dir.(Education), Narela Zone
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 01.06.2015
PIO replied on : 21.08.2015. 23.11.2015
First Appeal filed on : 14.01.2016
First Appellate Order on : 03.03.2016
2nd Appeal/complaint received on : 04.03.2017
Information soughtand background of the case:
Appellant Mr. Nawneet Kumar joined as Asstt. Teacher during 12.04.2005 to 16.04.2009 and was promoted to TGT (N.Sc.) through proper channel, during his service period in MCD. The appellant was not allotted PRAN no. or CPF no., which was subsequently allotted as A/c no. 110010536232. Now, he wants to deposit amount for said time period to his current CPF no. as well as contribution of the older employer (MCD) is also required.
Vide RTI application dated 01.06.2015, he sought information about proper procedure for depositing CPF deduction; how much amount is required to deposit in his current CPF A/c and guideline for deduction of CPF amount of Employee and Employer.
Accounts Officer (New Pension System) vide letter dated 21.08.2015 replied to the RTI application as under:-
1. Amounts to be deducted by the then DDO concerned and equally amount is to be contributed by employer, as PRAN no. was not allotted that time.
However, it pertains to concerned DDO during the period he remained in MCD. For further query, if any please contact to NSDI office.
2. Usually 10 % (Basic Pay + Grade Pay + DA)
3. Bahri's compilation of National Pension System for Central/State and Railway Employees (including All India Service Officers) Book available in the market may please go through of it. However, it pertains to concerned DDO during the period he remained in MCD.
Dissatisfied with response received from PIO, the appellant filed first appeal. In response to first appeal, PIO/Accounts Officer (Pension) SDMC vide letter dated 23.11.2015 transferred the RTI application/appeal to PIO/DDE, Narela Zone.
FAA/Dy. Commissioner, Narela Zone, vide letter dated 03.03.2016 directed the CPIO/DDE/NRZ to provide requisite information to the appellant within 03 weeks. Feeling aggrieved over non compliance of FAO, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both parties are present and the appellant states that he has been harassed by incessant transfers by the Respondent. He was denied contribution for CPF for 4 years when he was initially posted as TGT and even after filing of the RTI application, he has not been furnished with the necessary information. Respondent points out that states that information had been provided by the Accounts Officer, NPS on 21.08.2015. However, the Respondent/PIO, DDE(Narela Zone) Mr. Ashok Kumar, present during hearing was unable to offer any response to what action has been taken by him pursuant to the FAA's order dated 03.03.2016. In fact the PIO/DDE, Narela has failed to make any cogent submissions during the hearing aiding the adjudication of the case at hand.
Decision:
Upon perusal of the facts of the case, the Commission notes that the failure in dissemination of information has occurred at the stage of the PIO, DDE, Narela Zone. Despite transfer of the RTI Application by the Accounts Officer, Pension Cell on 23.11.2015, and the specific direction of the Dy. Commissioner/FAA vide order dated 03.03.2016, the PIO/DDE(Narela Zone) present during the hearing had no reasonable explanation for non furnishing of response till date to the queries of the appellant.
In the given circumstances, the Commission directs Sh. Ashok Kumar, PIO/DDE(Narela Zone) to provide complete information against each of the query of the appellant clarifying the guidelines of deduction of CPF, in the peculiar circumstance, as explained by the appellant. The complete information should reach the appellant within two weeks of receipt of this order, falining which non compliance proceedings shall be initiated against the Mr. Ashok Sharma.
Registry of this Bench is directed to issue SHOW CAUSE Notice upon Sh. Ashok Kumar Sharma, for causing deliberate obstruction in the dissemination of information, misleading the Commission by not making any reasonable submissions during the hearing and thus vitiating the proceeding and for violation of the provisions of the RTI Act as such. Reply to the Show Cause, explaining why maximum penalty should not be imposed upon the Noticee, should reach the Commission atleast one week prior to the hearing of the case.
Show Cause Hearing: 13.09.2018 Pursuant to the above decision, the Commission is in receipt of a reply to Show Cause Notice dated 04.09.2018 from Sh. Ashok Kumar Sharma, PIO/DDE (Narela Zone), relevant excerpts whereof are as follows:
"7. That the directions given by the Hon'ble Information Commissioner vide order dated 12/08/2018 have been complied forthwith and as per discussion with the officers of Account Department/Narela Zone, DDO/Edu/Narela Zone and NPS Section, complete information against each query of appellant clarifying the guidelines deduction of CPF has been provided to the appellant vide letter no. D/1971/DDE/N/2018 dated 31/08/2018 (Annexure-F).
Thus, the orders of dated 12/08/2018 have been compiled with.
8. In this peculiar case of Sh. Nawneet Kumar Teacher (Pry.) the details of facts are as under:-
(i) Sh. Nawneet Kumar appointed as Teacher (Pry.) in MCD on 12/04/2005 and posted and worked in MCPS Begumpur Boys from 12/04/2005 to 16/04/2009 which was under the jurisdiction of Rohini Zone. He was relieved on 16/04/2009 from Rohini Zone after his direct selection to the post of TGT in GNCTD through proper channel. The school came in the jurisdiction of Narela Zone after trifurcation of erstwhile MCD in the year 2012. Whereas, the appellant left the Department in 2009. Thus, it is clear that the appellant has never worked under the jurisdiction of DDE/Narela.
All the service and Accounts related record is in Rohini Zone.
(ii) The form for allotment of CPF No. to new incumbent is recommended and signed by the concerned DDO and Account officer. Ensuring the allotment of CPF No. is the liability of the then DDO in toto. In the present case, the details of the then DDO/Edu./Rohini Zone is as under:-
a. Smt. Nirmala DDO (Then ADE, Now DDE/HQ, North DMC) from April, 2005 to June, 2007.
b. Sh. Mahavir Singh ADE/Phy (Retd.) DDO from July, 2007 to April, 2008.
c. Smt. Santosh Sharma SI (Retd.) then DDO from June, 2008 to April, 2009).
The liability of allotment of CPF No. to the appellant was purely of DDOs Rohini Zone during the period for which service rendered by appellant in MCD i.e. w.e.f. 12/04/2005 to 16/04/2009. In the present matter, non-allotment of CPF/PRAN No. caused for arose of action in the present matter and created problem to the appellant. The undersigned has not worked as DDO in Rohini Zone as well as Narela Zone at any point of time. As such undersigned may not be held responsible for causing problem."
Furthermore, the DDE/PIO, Narela Zone- Sh. Ashok Sharma has in compliance of the directions of the Commission, issued letter dated 31.08.2018 informing the appellant as under:
"Appellant may send a request in writing for transfer of employer share for the period of 12.04.2005 to 16.04.2009 for which service was rendered by him in erstwhile MCD with consent to deposit employee share for the said period to the DDO Education Rohini Zone, 1st Floor, office of DC Rohini Delhi-110085 through his present employer/DDO. The present DDO/employer will forward the request of Sh. Nawneet Kumar alongwith service book and the bank detail of DDO account i.e. Account number, Name & Branch of Bank, IFSC Code and MICR number to transfer the employer share. Approx Rs. 67,000/- (Sixty Seven Thousand), 10% of Basic Pay+Grade Pay+DA for the period 12.04.2005 to 16.04.2009 will be paid by the MCD to the present DDO. The amount so transferred by MCD as employer share and equal employee share collected by the present DDO will be credited to the PRAN No. 110010536232 of Sh. Nawaneet Kumar allotted by GNCTD. In case the appellant does not want to send his request to DDO Rohini Zone, he may submit his request to the DDO Education Narela Zone North DMC in Room No. 207, 2nd Floor, Zonal Office DC/Narela, opposite Narela Police Station, Delhi-110040. The same will be processed and pursued with DDO Education Rohini Zone".
Perusal of the above explanation/reply to Show cause as submitted by the Noticee reflects the following noteworthy aspects:
i. The appellant was posted as Primary Teacher in MCPS Begumpur Boys from 12/04/2005 to 16/04/2009, which was under the jurisdiction of Rohini Zone;
ii. Appellant was relieved on 16/04/2009 from Rohini Zone after his direct selection to the post of TGT in GNCTD;
iii. the school came under the jurisdiction of Narela Zone after trifurcation of erstwhile MCD in the year 2012, but appellant had left the school by then(in 2009);
iv. allotment of CPF No. to the appellant was purely the responsibility of DDOs Rohini Zone during the period for which service was rendered by appellant in MCD i.e. w.e.f. 12/04/2005 to 16/04/2009;
v. The Noticee has not worked as DDO in Rohini Zone as well as Narela Zone at any point of time;
vi. Complete information against each query of appellant clarifying the guidelines deduction of CPF has been provided to the appellant vide letter no. D/1971/DDE/N/2018 dated 31/08/2018, upon discussion of the peculiar facts of with the .
Thus it is evident from the above facts that the culpability of the Noticee is not established in this case. Submissions of the Noticee have further confirmed absence of any malafide or deliberate intentional denial of information on the part of the Noticee. The penal action initiated against the Noticee is thus dropped considering the facts as explained by him vide response dated 04.09.2018.
It is further noted that appellant has been informed by the Noticee vide letter dated 31.08.2018 to submit his request in writing for transfer of employer share of CPF, for the period of 12.04.2005 to 16.04.2009. It has further been assured by the Noticee that the amount of (approx.) Rs. 67,000 which has accrued in his CPF account between 12.04.2005 to 16.04.2009 shall be credited to the PRAN NO. of the Appellant, allotted by his current employer- GNCTD, upon submission of the formal application.
Pursuant to receipt of this letter dated 31.08.2018 from the DDE, Narela Zone, the Appellant has neither appeared nor rebutted/objected to the information so provided to him. Hence, it appears that the appellant's quest for information about his CPF contribution, accrued over initial four years of his employment has now been adequately addressed. Accordingly, the Commission finds no reason to linger on with the matter and directs that the instant case be closed and the file be consigned to Record Room.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P. Grover) Designated Officer