Central Information Commission
Rajinder Kumar Munshi vs Coal Mines Provident Fund Organisation on 24 April, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/A/2016/000931
Date of Hearing : 19.04.2017
Date of Decision : 19.04.2017
Appellant/Complainant : Shri Rajinder Kumar Munshi
Respondent : Ministry of Coal
Through: Mr. Jyoti Prakash Mishra,
CPIO & Mr. S.K. Sinha, Dhanbad
Mr. Mahinder Singh, PIO/RC,
Jabalpur
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 18.12.2015
PIO replied on : 14.01.2016
First Appeal filed on : 28.01.2016
First Appellate Order on : 10.02.2016
2nd Appeal/complaint received on : 09.03.2016
Information soughtand background of the case:
Vide RTI application dated 18.12.2015, the appellant sought reason for the recovery of an amount of Rs. 29968/- from the pension arrears as mentioned in the pension payment order. The CPIO furnished information vide letter dated 14.01.2016. Dissatisfied response received from CPIO, the appellant filed first appeal. The FAA vide letter dated 10.02.2016 upheld the CPIO's reply. Feeling aggrieved, the appellant approached the Commission.
Relevant facts emerging during hearing:
Both parties are present and heard. The appellant repeated the fact mentioned in his RTI that he superannuated on 31.12.2013 from BCCL Dhanbad. Earlier he was posted in South Eastern Coal field. His pension payment order was issued on 27.06.2014 by CMPF Region Dhanbad in which an amount of Rs. 29968/- was recovered from his pension accounts. Since then he has been trying to ascertain the reason for this recovery but the same has not been furnished so far. The CPIO, CMPF Dhanbad stated that a submission has been filed with the Commission in this regard giving the details of recovery. Since, they are responding only after receipt of the copy of the second appeal hence, the delay in providing the information. CPIO CMPF Jabalpur stated that in his reply they had mentioned that the details of recovery was available with CPIO/Regional Commissioner CMPF Dhanbad and admitted in response to query by the Commission that RTI was not transferred to CMPF Dhanbad. He also tendered his unqualified apology for the delay.
Decision:
After hearing both parties and perusal of record, the Commission notes that there has been considerable delay in providing information to the appellant. The reason is attributed to CPIO/Regional Commissioner CMPF Jabalpur who did not transfer the RTI under Section 6(3) to CPIO/CMPF Dhanbad. This is despite mentioning in the reply to appellant that the custodian of information was CPIO/CMPF Dhanbad. During the hearing the CPIO apologised for this lapse. It is apparent from the facts of the case that though failure to transfer the RTI application by CPIO/Regional Commissioner CMPF Jabalpur was the cause of the inordinate delay in supply of the information, the delay and/or administrative lapse of non transferring of the application was not intentional nor deliberate. The Commission finds it important to bring such lapse on the part of the CPIO, Sh. M Singh, Regional Commissioner, CMPF, Jabalpur to the notice of the Commissioner, CMPF, Sh. K Panda, and directs the registry of this Bench to send a copy of this order to: CMPF, Commissioner, Headquarter/Dhanbad, Police Line, Dhanbad
- 826 014.
It is very important that an organisation like the CMPF with such a huge public interface must be much more sensitive to the needs of people and consequently much more prompt at timely action, particularly with respect to RTI related matters. In view of absence of any malafide on the part of the CPIO, Regional Commissioner, Jabalpur, and because this is the first instance of lapse, the Commission takes a lenient view and condones the mistake of the CPIO.
The CMPF Dhanbad has provided all the details of the recovery in submission to the Commission, a copy which has been given to the appellant during the hearing. CPIO/Regional Commissioner Dhanbad is directed to provide the certified copy of the same to the appellant, as desired by him, within 2 weeks of the receipt of this order.
The appeal is disposed of accordingly (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 Copy to:-
Nodal Officer - RTI Cell, Regional Commissioner / D-1,
O/o. the Regional Coal Mines Provident
Commissioner, Coal Mines Fund, Region - D-1,
Provident Fund Dhanbad, Near Police Line,
Organisation, Shakti Nagar, Jagjivan
Gupteshwar, Jabalpur-482001 Nagar, District-Dhanbad-826001
(M.P.). (Jharkhand).
RAJINDER KUMAR MUNSHI First Appellate Authority under
FLAT No. : B-501, RAMKRISHAN RTI
CGHS LTD., Plot No.-12, Shri U. P. Kamal - Joint
Sector-23, DWARKA, New Commissioner, Coal Mines
DELHI-110077. Provident Fund
Organisation, Headquarters,
Near Police Line, Hirapur,
Jagjivan Nagar, District -
Dhanbad-826014 (Jharkhand).