Central Information Commission
Nityananda Das vs Indian Veterinary Research Institute ... on 17 December, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File No. CIC/IVTRI/C/2020/669496
plus 4 other files(As per Annexure)
In the matter of:
Nityananda Das
... Complainant
VS
Central Public Information Officer
Indian Veterinary Research Institute,
Izatnagar - 243122, Bareilly, Uttar Pradesh
...Respondent
Date of Hearing : 16/12/2021 Date of Decision : 16/12/2021 The following were present: Complainant: Not present
Respondent: D.S Bisht, Chief Finance and Accounts Officer and CPIO; Agnivesh, Senior Administrative Officer and CPIO, present over VC File No.- CIC/IVTRI/C/2020/669496 RTI CPIO Reply First Appeal FAA Order Complaint Application 27/09/2019 05/10/2019 17/10/2019 14/11/2019 02/05/2020 Information Sought:
The Complainant has sought the following information (point 4,5 and 6 of the RTI application) regarding ICAR letter F. No. FIN/10/04/2019-Pension dated 24th July 2019, through which his e-mail dated 26.06.2019 was forwarded to IVRI in the matter of revision of dearness relief on pension:
4. Provide the details of the action taken by the Pension Authorizing Unit, IVRI on the ICAR letter F. No. FIN/10/04/2019-Pension dated 24th July 2019.
5. Provide complete file noting in respect of examination of said ICAR letter dated 24th July 2019.1
6. Provide a copy of the intimation which was sent by IVRI to ICAR in response to the said letter dated 24th July 2019.
File No. - CIC/IVTRI/C/2020/684963 RTI Application CPIO Reply First Appeal FAA Order Complaint 25/04/2020 30/04/2020 30/04/2020 12/05/2020 09/09/2020 Information Sought:
The Complainant has sought the following information regarding a letter dated 17.12.2019 sent through e-mail to the Director, IVRI, Izatnagar (UP) on the subject: Undue / unjustified delay in sanctioning revised pension considering revised rate of Non-Practicing Allowance (NPA) as per the 7th CPC recommendation in respect of retired IGFRI Veterinary Scientist (Dr. Nityananda Das) - A case having obvious vigilance angle:
1. Provide the date when the office of Director, IVRI, Izatnagar (UP) received his said letter dated 17.12.2019.
2. Provide the date (if available) when the office of Director, IVRI, Izatnagar (UP) forwarded the said e-mail dated 17.12.2019 to the Vigilance Officer, IVRI, Izatnagar (UP) for examination and necessary action.
3. Provide the details of the action taken by the IVRI authority on his said letter dated 17.12.2019.
File no.: CIC/IVTRI/C/2020/672127 RTI Application CPIO Reply First Appeal FAA Order Complaint 03/11/2019 04/11/2019 14/11/2019 05/02/2020 29/05/2020 Information Sought:
The Complainant has sought the following information:
1. Provide a copy of the duly filled up and signed portion of the Part B of travelling allowance Bill (for retirement) in respect of Dr. A.K. Sharma, Ex- Principal Scientist, who retired from the IVRI, Izatnagar on 31.07.2017.
2. Provide the total amount of Composite Transfer Grant (CTG) that was paid to Dr. A.K. Sharma.
3. Provide the revised basic pay (as per 7th Pay Commission) of Dr. A.K. Sharma, as on (i) 01.01.2016 and (ii) 01.07.2017, respectively.
4. And other related information.
File no.: CIC/IVTRI/C/2020/671777 RTI Application CPIO Reply First Appeal FAA Order Complaint 02/11/2019 04/11/2019 14/11/2019 05/02/2020 27/05/2020 2 Information Sought:
The Complainant has sought the following information:
1. Provide the total amount of pension that was paid to Dr. A.K. Sharma, (Ex-Principal Scientist, who retired from the IVRI, Izatnagar on 31.07.2017) for the month of (i) August 2017, (ii) August 2018 and (iii) October, 2019.
Provide the copies of the Pension payment record / Slips / Statement (that are available at the Pension Disbursing Unit of IVRI, Izatnagar) for the month of (i) August 2017, (ii) August 2018 and (iii) October, 2019 in respect of Dr. A.K. Sharma.
File no.: CIC/IVTRI/C/2020/671757 RTI Application CPIO Reply First Appeal FAA Order Complaint 01/11/2019 04/11/2019 14/11/2019 04/02/2020 26/05/2020 Information Sought:
The Complainant has sought the following information:
1. Provide a copy of the salary statement of Dr. R. K. Singh, Director, IVRI, which, inter alia, includes details like Pay, Band Pay, Dearness Allowance, Non-Practicing Allowance, Transport Allowance, House Rent Allowance etc. for the month of December, 2015.
2. Provide a copy of the salary statement / pay slip of Dr. R. K. Singh, Director, IVRI, which, inter alia, includes details like Pay, Band Pay, Dearness Allowance, Non-Practicing Allowance, Transport Allowance, House Rent Allowance etc. for the month of January, 2016.
3. Provide a copy of the salary statement / pay slip of Dr. R. K. Singh, Director, IVRI, which, inter alia, includes details like Pay, Band Pay, Dearness Allowance, Non-Practicing Allowance, Transport Allowance, House Rent Allowance etc. for the month of July, 2017
4. And other related information.
Grounds for filing Complaints The CPIO did not provide any information in the stipulated time limit.
3Submissions made by Complainant and Respondent during Hearing:
The complainant was not present at the VC Venue despite notice being delivered on 27.11.2021 vide speed post acknowledgment no. ED800811650IN. Therefore, the cases were decided on merits. File No.- CIC/IVTRI/C/2020/669496 The complainant submitted in his complaint that the RTI Query No. 4, 5 & 6 are related to the functioning of the Officer of Pension Authorizing Authorities, IVRI who are responsible for calculating the quantum of DR payable in each individual case. The reason given by the CPIO that the institute (IVRI) is not required to take any action in respect of revision of DA component of Pension is not correct. The CPIO has failed to provide the requisite document(s) that only bank is responsible for revising the DA rates. On the contrary, he enclosed two circulars of GOI related to Grant of Dearness Relief to Central Government pensioners/family pensioners at Revised rate stipulate a condition that it will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.
The CPIO submitted that the pension case was forwarded to the bank, as now the bank is the pension disbursing authority. However, he could not justify why the relevant reply was not given on time.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 05.10.2019 had provided a point-wise reply to the complainant. However, he was not satisfied with the reply in respect of points no. 4,5 and 6 and therefore had filed a first appeal on 17.10.2019 stating that the CPIO had provided wrong and misleading information. The FAA rejected the first appeal on 14.11.2019 stating that the reply given is appropriate.
The CPIO vide written submissions dated 29.11.2021 had provided a revised reply endorsing a copy to complainant on points no. 4,5 and 6 in which he stated as under:
"The complaint of Dr. Nityananda Das vide letter dated 24.07.2019 was for delay in allowing dearness relief on pension. The pension case of the complainant had already been forwarded to the SBI on his request for drawl of future pension w.e.f 01.09.2017 onwards through SBI, Karari Branch, Jhansi vide letter dated 06.10.2017 with the request to allow relief as sanctioned by Government of India from time to time. Hence, 4 the delay in allowing dearness relief on pension to Dr. Nityananda Das was on the part of SBI, being pension disbursing authority. As such no action was taken by the pension unit IVRI in the matter. However, in monthly pension meeting with the pensioners and bank authorities issue of timely payment of enhanced dearness relief has been raised commonly to address the grievance of the pensioners."
The Commission observed that the CPIO could have given the said reply earlier to avoid unnecessary delay.
File No. - CIC/IVTRI/C/2020/684963 Observations:
Based on a perusal of the record it was noted that the CPIO had provided online reply on 30.04.2020 in which it was stated as follows:
"It has been repeatedly intimated to the applicant that no decision has been taken by ICAR HQ for inclusion of NPA for the purpose of pension. Moreover, ICAR-IVRI is only authorisation agency, pension has to be sanctioned by IGFRI, Jhansi."
The complainant was not satisfied with the reply and had filed a first appeal on 30.04.2020. The FAA on 12.05.2020 disposed of the first appeal and directed the CPIO to furnish a point-wise reply to the applicant. The CPIO was asked to explain why no reply was given till 01.12.2021.Shri D.S Bisht the present CPIO explained that the then CPIO was Mrs Suku Goswami, and she retired on 30.06.2020. He explained that he is the CPIO since November 2020 and as soon as he received the CIC notice a suitable reply was given by him. It was noted that the CPIO has submitted a revised point-wise reply to the Commission as well as endorsed a copy to the complainant vide letter dated 01.12.2021. He also relied on the decision of this bench of 29.06.2020 where it was held that in case of any such repeated/similar second appeals or complaint filed before the Commission the same shall be dismissed in limine without any hearing or any further reference to the applicant. He advised the applicant that since the NPA matter is even presently pending with a High Level Committee, filing multiple applications would not help in quick disposal of his grievance. Hence, he should approach the concerned administrative authorities for expediting the issue and refrain from filing any more such RTI applications on the same or similar subject matter.
The fact remains that the then CPIO failed to comply with the FAA's order within time.
5File no.: CIC/IVTRI/C/2020/672127 Observations:
The complainant in his complaint submitted that information on point no. 3 of the RTI application was not given. Based on a perusal of the record, it was noted that the CPIO vide letter dated 04.11.2019 invited the complainant for inspection of documents. The complainant was not satisfied with the reply and filed a first appeal on 14.11.2019. The FAA vide order dated 05.02.2020 disposed of the first appeal and informed that Dr. A.K. Sharma has not submitted TTA bill to the office after his retirement as per letter issued by AAO (OPR). The complainant was not present to explain his contentions on point no. 3 of the RTI application.
File no.: CIC/IVTRI/C/2020/671777 Observations:
The complainant in his complaint submitted that he is not satisfied with the reply. Based on a perusal of the record, it was noted that the CPIO vide letter dated 04.11.2019 invited the complainant for inspection of documents. The complainant was not satisfied with the reply and filed a first appeal on 14.11.2019. The FAA vide order dated 05.02.2020 disposed of the appeal and replied that as the information sought by the applicant, pertains to "third party" under Sec 8(1)(j), hence, may not be provided. The Commission finds no flaw in the reply and hence no action is required.
File no.: CIC/IVTRI/C/2020/671757 Observations:
The complainant in his complaint submitted that he is not satisfied with the reply. Based on a perusal of the record, it was noted that the CPIO vide letter dated 04.11.2019 invited the complainant for inspection of documents. The complainant was not satisfied with the reply and filed a first appeal on 14.11.2019. The FAA vide order dated 04.02.2020 disposed of the appeal and replied that information sought cannot be given as per Sec 8(1)(j) of the RTI Act. The Commission finds no flaw in the reply and hence no action is required.
Decision:
In respect of File No.- CIC/IVTRI/C/2020/669496 & File No. - CIC/IVTRI/C/2020/684963 the CPIO is issued a warning to be careful and avoid late replies. In case of FAA's order the same should be complied with by the CPIO within time. As there was no malafide intent observed at the end of the 6 CPIOs, the Commission is not taking any penal action. In respect of the rest of the cases, the replies given were just and proper.
The complaints are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सूचना आयु!त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
Annexure
S. No. File No.
1. CIC/IVTRI/C/2020/669496
2. CIC/IVTRI/C/2020/684963
3. CIC/IVTRI/C/2020/672127
4. CIC/IVTRI/C/2020/671777
5. CIC/IVTRI/C/2020/671757
7