Central Information Commission
Mr.Om Prakash vs Dtc, Gnct Delhi on 1 July, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001363/8361
Appeal No. CIC/SG/A/2010/001363
Relevant Facts emerging from the Appeal:
Appellant : Mr. Om Prakash
52/36A, Gali No. 17, Anand Parbat
New Delhi- 110024.
Respondent : Ms. Renu Popli
Public Information Officer & The Sr. Manager (P&SO), Delhi Transport Corporation, Gov. of NCT of Delhi, BBM Complex Delhi - 110009 RTI application filed on : 11/02/2010 PIO replied : 22/03/2010 First appeal filed on : 30/03/2010 First Appellate Authority Ordered on : 21/04/2010 Second Appeal received on : 29/05/2010 The Appellant wanted information regarding pension.
S.No. Information Sought Reply of the Public Information Officer (PIO)
1. Furnish certified copy of qualifying There is no record available at pension certificate of Mr. Krishna Chandra cell of Mr. Krishna Chandra. Regarding this issue the concerned depot should be asked.
2. Furnish certified copy of qualifying There is no record available at pension certificate of Mr. Mohan Datta cell of Mr. Mohan Datta Regarding this issue the concerned depot should be asked. Subsequently it has been given as 08 Years 06 months and 09 days.
3. Under which code or rule Mr. As above.
Mohan Datta's share was returned and the applicants share was returned. Give certified copy of the order.
4. Furnish certificate copy of order and For this subject the concerned depot application, of share is kept with should be inquired. DTC and what is the total amount. If DTC share was returned then under which order the application share was returned and what was the Page 1 of 5 amount.
5. Under ID. No. 002864 employees numbered 378 list submitted:
(i) Those employees whose Pension cell does not make any of these DTC share (P.F.) is with records.
pension cell, under which order it is kept and each of the individual share Same as above and P.F.'s certifying copy should be given.
(ii) Those employees whose This money is not available at pension
share is written not cell.
available. For the above
said employees certified Same as above. copy should be granted of the share with DTC and orders where not available is written. According top pension cell no such letter was posted to employees.
(iii) For those employees in whose file P.F. not granted is written, under which order this is done and what are their The information regarding this subject amount. Provide certified should be photocopied from the D4c copy. drawn statement. The amount is taken from appellant according to compound interest.
(iv) Did V.R.S. employees have by themselves taken out The calculated amount is enclosed in their P.F. If yes then the this application.
certified copy of the Those employees who received interest application for the above from the order of court, this information should be provided.
is enclosed.
None of the information is made by the
(v) For those employees who's pension cell.
received the letter either from DTC or from the pension cell regarding their pensions which will not be given and their provident fund should be taken out. Copy should be provided for the letter sent to every employee (every order).
(vi) By not returning the management share Page 2 of 5 amounted 6409 Rs. how much interest is amounted till 30/6/2010 and what is the interest % applied (Simple interest or compound interest) furnish certified copy.
(vii) Furnish certified copy of pension calculation sheet (which has arrears).
(viii) In the answer of 13th question there is a list attached by the pension trust that those people who have received interest on by the court or by the trust. Furnish the specified copy.
(ix) For those employees where drawn is written under which order the amount is returned.
Kindly give certified certificate of the amount and did the employees themselves took out the amount.
6. Furnish certified copy of list of Pension received by the employees employees who are receiving from order of court is enclosed. But pension by the order of the court and employees coming under 33/98 are not also list of employees covered under available with pension cell. 33/98.
7. Those employees who are under The question asked is not clear.
LPA 33/98 and have received pension their qualifying service's certificate should be furnished.
8. List of those employees who have Pension cell does not make these kinds received pension under CCS of records.
(Pension) Rule 48(A) their
weightage's certified copy.
9. Furnish certified copy list of the The pension of foremen is enclosed.
entire all the foremen and asst. Retirement memo is not made by the
foremen who are receiving pension pension cell.
with their retirement memo.
10. Enclose certified copy of employees List of employees under pension cell is
working under pension cell, their enclosed. List regarding number of
Page 3 of 5
names, their date of posting and employees is not with the department.
number of employees working with pension cell.
11. Furnish list of employees who work There is no such employee in the at pension cell their attendance is pension cell. taken by some other person.
12. On 15/12/09 Pension cell issued a Letter is enclosed and there is no person letter, list should be enclosed who who is benefited from the letter. have received benefit even for a day.
13. List of employees who have taken There is no record made by the pension pension according to CCS (Pension) cell and there is no matter which is still Rule 21 and also according to letter to be decided. date 15/12/09 and qualifying certificate whose service is above 10 years. They have been given pension or the matter is still to be decided. Furnish certified copy.
14. Furnish certified copies of matters The records regarding these kinds of which have been disposed or matters are not made by pension cell pending before the court. but by the legal department.
15. In certain cases DTC has filed Same as above review petition, by whose permission these petition has been filed, what is the duration these petitions filed in the High Court and who were the advocates. Furnish certified copies of the above said.
16. On 08/02/2010 by which bus This question is not related with Additional CAO traveled to his pension cell. office and went back home. Kindly furnish certified copy.
17. Furnish certified copy that did Add. Same as above CAO changed any bus, did he buy tickets if yes what was the amount of the tickets or travelled as staff member.
Ground of First Appeal:
PIO did not furnish complete information.
First Appellate Authority (FAA) ordered:
PIO gave specific reply. "Applicant made quarries by using how, why, what and other interrogatives for calling the explanation of PIO which is not permitted and does not come under the ambit of RTI Act."
Ground of the Second Appeal:
Incomplete and unsatisfactory information sent by the PIO without duly certified.Page 4 of 5
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Om Prakash;
Respondent : Ms. Renu Popli, Public Information Officer & The Sr. Manager (P&SO);
The PIO has given most of the information but is now directed to give the following information: 1- Query-2: The respondent ahs stated that the qualifying service of Mr. Mohan Datta is 08 years 06 months and 09 days. The appellant shows another statement given to him earlier in which the qualifying service has been shown as 09 years and 09 days.
2- Query-3: The copy of the order by the pension cell based on which Mr. Mohan Datta's share was returned and the amount.
3 Query-4: The Copy of order vide which the share was returned and the amount as well be quoted.
4 Query-5: The information that is sought by the appellant would require calculation to arrive at the information. The Respondent states that this information is not available and would have to be calculated. The list given by the appellant would require calculating for about 378 employees. The Commission directs the PIO to calculate for the following 06 employees:
1- Mr. Nand Kishore, Ex-Conductor (43098); 2- Mr. Mahender Singh, Dirver (31608) 3- Mr. Kishan Chand, Conductor (32745) 4- Mr. Jaspal Singh, Driver (29543) 5- Mr. Parmanand, Assistant Fitter (30717) 6- Kaptan Singh, Driver (44335);
(v) Wherever the PIO has informed that the information is not available with the pension cell the PIO will state that the information is not available with DTC. ix) The PIO will give in writing that the information is not available with DTC.
5- Query No.6 & 7: The data regarding pensioners will be given to the appellant on a CD from which he can get the data in the format that he wants. 6- Query No. 8: The PIO will give a statement that the record is not available with DTC. 7- Query No.16 & 17: The PIO will give a statement that the record is not available with DTC.
Decision:
The Appeal is allowed.
The PIO is directed to give the above information to the appellant before 25 July 2010.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 01 July 2010 (In any correspondence on this decision, mention the complete decision number.)(ARG) Page 5 of 5