Central Information Commission
Mrsreedharan T vs Central Reserve Police Force on 5 May, 2016
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi110066
Decision No. CIC/VS/A/2014/003504/SB
Dated 06.05.2016
Appellant : Shri Sreedharan.T.,
Staff No. 6215246.,
Sub Inspector Gr.III,
Security Department,
Bharat Heavy Electricals Limited,
Trichy, Tamil Nadu620 014.
Respondent : The Central Public Information Officer,
Central Reserve Police Force, O/o the Commandant, 210, CoBRA Dalgaon Battalion, Darrang, Assam784 116.
The Central Public Information Officer, Central Pension Accounting Office, Department of Expenditure.
Trikoot II, Bhikaji Cama Place, New Delhi.
Date of Hearing : 05.05.2016
Relevant dates emerging from the appeal:
RTI application filed on : 09.05.2014
CPIO's reply : 17.07.2014
First Appeal : 25.08.2014
CIC/VS/A/2014/003504/SB Page 1
FAA's Order : 25.09.2014
Second Appeal filed on : 25.10.2014
Order
1. Shri Sreedharan.T. filed an application dated 09.05.2014 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Pension Accounting Office (CPAO), New Delhi seeking information regarding his eligibility for absorbers pension from Central Reserve Police Force (CRPF) and Gratuity.
2. The appellant filed the second appeal dated 25.10.2014 before the Commission on the ground that the CPIO/Commandant, 210 CoBRA Bn, Darrang, Assam to whom his RTI application was forwarded by the CPAO, New Delhi did not provide correct information and the First Appellate Authority (FAA)/Commandant of the same battalion too did not give the correct information. The appellant states that another exCRPF Constable who had completed 10 years of service and joined Bharat Heavy Electricals Limited (BHEL) as Sub Inspector on the same date with proper permission got a different outcome and was considered eligible for pension. The appellant requested the Commission to direct the respondent to provide correct information. Hearing:
3. The appellant Shri Sreedharan.T and the respondent Shri Rajeev Ranjan, Asstt. Accounts Officer, CPAO and Shri Sujit Kumar, SubInspector, CRPF were present in person.
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4. The appellant submitted that information sought for has not been provided to him and only a copy of rules has been provided. The appellant further submitted that as per the rules he is not eligible for pension, however, his colleague on similar terms of service has been declared eligible for the pension.
5. The respondent submitted that the appellant is seeking clarifications, providing which is beyond the purview of the RTI Act. Nonetheless, a copy of relevant rules including the CRPF Rules, 1995 has been provided to the appellant. The respondent also apprised the Commission that as per the Ministry of Personnel, PG & Pension's OM No. 38/37/08P&PW (A) dated 06.04.2016, the pension of Government servants retired/retiring on or after 01.01.2006 has been delinked from qualifying service of 33 years. Further revised pension w.e.f 01.01.2006 under para 4.2 of OM dated 01.09.2008 would not be reduced based on the qualifying service of less than 33 years. Decision:
6. The Commission perused the records and observes that the information sought by the appellant is clarificatory in nature, which is not covered under the scope of RTI Act. Further, the CPIO is also not expected to furnish replies to hypothetical questions. The Commission also observes that the RTI Act is not the proper law for redressal of grievances/disputes as raised by the appellant during the hearing and there are other appropriate forum(s) for resolving such matters. Hence, no further action is required in the matter.
7. With the above observation, the appeal is disposed of.
8. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Authenticated true copy
CIC/VS/A/2014/003504/SB Page 3
(V.K. Sharma)
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