Central Information Commission
Pankaj Sharma vs Employees Provident Fund Organisation on 9 October, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. SridharAcharyulu (Madabhushi Sridhar), CIC
CIC/EPFOG/A/2018/609097
Pankaj Sharma v. PIO, EPFO
Order Sheet: RTI filed on 11.11.2017, CPIO replied on 07.12.2017, FAO on 02.01.2018, Second
appeal filing date - Nil, Hearing on 21.05.2018;
Proceedings on 21.05.2018: Appellant present from NIC Chandigarh. Public Authority
represented absent:
Proceedings on 23.07.2018: Appellant present, Public Authority represented by CPIO. Mr R.S.
Tanwar
Date of Decision - 08.10.2018: Penalty proceedings dropped
ORDER
FACTS:
1. The Appellant sought information on 3 points (i) how many defence ex-
serviceman are re-employed in your Regional Office and various establishments/offices of EPFO under your jurisdiction along with the particulars/details of all these re-employed defence pensioner ex-servicemen.
(ii) Whether the pay-fixation of all these re-employed pensioner ex-servicemen has been done as per DOPT O.M. No. 3/1/1985 (Payll) dated 31.07.1986 read with O.M. No. 3/13/2008-Estt. (Pay II) dated 11.11.2008 and O.M. No. 3/19/2010-Estt (Pay II) dated 05.04.2010 or not. (iii) If pay-fixation done then kindly send the photocopies of all the pay-fixation office orders/letters. The CPIO on 07.12.17 denied the information under Section 8(1)(j) of the RTI Act as there is no public interest and the same was upheld by the FAA. The appellant still not satisfied with the information provided filed second appeal.
2. The Commission in its order dated 21-05-2018:
2. Upon perusal of the records and submissions made by the appellant, the Commission directs the respondent authority to provide the point wise information to the appellant within 15 days from the date of receipt of this Order.
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3. The Commission also directs the CPIO as on date of the RTI application, to show-cause why maximum penalty should not be imposed upon him for illegally denial of the information.
4. All the explanations must reach to this Commission on or before, 23.07.2018 and the matter is posted for compliance and penalty proceeding on 23.07.2018."
Decision:
3. The CPIO, R.S. Tanwar submitted that he could not attend the hearing on 21.05.2018 at 11:45 am due to non-receipt of your notice in time and the same has been intimated to Hon'ble CIC vide this office letter No. RO/DLS/RTI/589 dated 28 May 2018. However, as directed vide above Order of the Hon'ble CIC, para-wise information has been supplied to applicant Sh. Pankaj Sharma, against application dated 13.11.2017 vide this office letter No. RO/DLS/RT|/834 dated 22.06.2018. He explained that the there are 04 re-employed defence ex- servicemen in this Region/Office i.e. Regional Office, Delhi (South). The details of these four ex-servicemen including their cadres and date of joining were furnished as follows:
(a) Sh. G.P. Srivastava, ST.SSA (Date of joining 01.06.2006 in the cadre of SSA)
(b) Sh. Harish Kumar Garg, ST.SSA (Date of joining 03.12.2010 in the cadre of SSA)
(c) Sh. Amrendra Kumar, ST.SSA (Date of joining 28.08.2010 in the cadre of 5SA)
(d) Sh. Kalyan Singh, MTS (date of joining 19.02.2001 in the cadre of MTS)
4. It was further informed that the fixation of pay in respect of above re-
employed ex-servicemen has been done as per CCS (Pay) Rule and DOPT circulars/Orders, at the time of their joining to the recruited post. The CPIO explained that it was a error on his part to deny information regarding pay fixation of re-employed ex-servicemen was earlier denied to on the ground that it does not pertain to him. He clarified that the first response was well within 30 days time and after the directions of the Commission, he has abided by the true spirit of RTI Act.
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5. The Commission finds that the CPIO replied within 30 days of receipt of RTI application and has furnished complete information along with supporting documents to the appellant. The CPIO must adopt caution and assess the nature of information and accordingly public interest involved in its disclosure or non- disclosure. The Commission finds the explanation of the CPIO reasonable and satisfactory therefore the penalty proceedings against Mr. R.S. Tanwar, CPIO are dropped. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
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