Central Information Commission
Mr.S K Goel vs Government Of Nct Of Delhi on 26 July, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/000890
Date of Hearing : July 26, 2012.
Date of Decision : July 26, 2012.
Parties:
Applicant
Shri S K Goel
153, Sandesh Vihar
Pitampura
Delhi - 110 034.
Applicant was present.
Respondent(s)
Department of Power
GNCT of Delhi
O/o the PIO, 8th Level
B Wing, Delhi Secretariat
I P Estate
New Delhi.
Representative : Shri Madhu Sudan, Shri Rakesh Chouhan
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/000890
July 26, 2012.
ORDER
Background
1. This petition eminates from the CIC's Order No.CIC/AD/A/2011/002540 dated 19.1.2012. The Commission's decision is as given below.
"The Commission on perusal of submissions on record that both PIO and the FAA have completely ignored the three points ( 3 to 5). The appellant no doubt has a right to be informed if information is available on record. Hence the PIO is directed to provide point wise information against the three points. If such information is not available on record the PIO to admit non availability of the information to the Appellant. In any event, information pointwise to be provided to the Appellant by 20.2.12."
The Complainant complained in his petition dated 9.3.12 that deliberately detailed information has not been supplied to him and also that the information provided is contradictory to orders issued by the Public Authority. He therefore requested that the Department be directed to clarify their position regarding the information sought in points 3 to 5 of his RTI application. He also complained that the PIO has not provided any name of official of the Pension Trust against whom he can file a case for not settling his pension issue.
Decision
2. During the hearing the Complainant submitted that the Department of Power, GNCT had issued an order dated 7.3.09 stating that the Secretary, Pension Trust will entertain all VRS cases under rule 48A, PPS Pension rule 1972. He further stated that information furnished by the PIO in response to points 3 to 5 of the RTI Application is incorrect since it is not in conformity with the order of the Public Authority issued on this subject. The Respondent however maintained that the information as available in the records has been provided and also clarified that the successor utility company of erstwhile DVB is the administrative authority in respect of transferred employees for processing the pension case, whereas, the Pension Trust is only the final disbursing authority . The Complainant at this stage once again insisted that he be provided with the name of the official in the Pension Trust against whom he can file case for not sorting out his pension issue.
3. The Commission holds that the information being sught by the Appellant is but an opinion of the PIO which the PIO is not obligated to provide to the Appellant under the RTI Act. However, as requested by the Appellant, the Appellate Authority/Competent Authority to inform the Appellant formally in writing that information being sought by the Appellant cannot e provided to him while giving reasons for the same. Information may be provided by 25th August 2012. The Complainant on his part stated that he would be satisfied with the letter from the Appellate Authority.
4. The complaint is disposed off with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G Subramanian) Deputy Registrar
1. Shri S K Goel 153, Sandesh Vihar Pitampura Delhi - 110 034.
2. The Public Information Officer Department of Power GNCT of Delhi O/o the PIO, 8th Level B Wing, Delhi Secretariat I P Estate New Delhi.
3. The Appellate Authority Department of Power GNCT of Delhi B Wing, Delhi Secretariat I P Estate New Delhi.
3. Officer In charge, NIC.