Central Information Commission
Muzaffar vs Ministry Of Coal on 5 January, 2018
CENTRAL INFORMATION COMMISSION
Room No.414, Baba Gangnath Marg, Munirka
New Delhi-110067
F. No.CIC/MCOAL/C/2016/300087
CIC/YA/C/2016/900236
Date of Hearing : 03.01.2018
Date of Decision : 03.01.2018
Appellant/Complainant : Muzaffar Azim
Respondent : CPIO
Regional Commissioner,
Coal Mines Provident Fund
Jagjivan Nagar, Dhanbad
Through:
Shri Jyoti Prakash,
Shri Chanderkant Verma
Shri S.K. Sinha
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 26.02.2016
PIO replied on : 30.03.2016
First Appeal filed on : -
First Appellate Order on : -
2nd Appeal/complaint received on : 11.08.2016
Information soughtand background of the case:
Vide RTI application dated 26.02.2016 addressed to CPIO, Ministry of Coal, the complainant sought information with regard to revision of pension payable under Coal Mines Pension Scheme 1998 under 11 distinct points. The CPIO, Ministry of Coal transferred the RTI application to PIO, Regional Commissioner, Coal Mines Provident Fund, Dhanbad. The PIO, CMPF vide letter dated 30.03.2016 furnished point wise information as available on record. Being dissatisfied with the information furnished, the complainant filed the present identical complaints u/18 of the RTI Act. appeal. The complainant approached the Commission alleging that incorrect information was furnished.
Relevant facts emerging during hearing:
Both the parties are present and heard. The Complainant submits that the Coal Mines Pension Scheme, 1998 was enacted by the Union Govt. making a provision of monthly payable pension to the superannuated mine workers. It Page 1 of 3 is his contention that as per the said scheme, the pension amount is to be revised after every three years but the same is not done since 1998 to the disadvantage of whole class of mine workers. In this factual backdrop, he states to have sought the information in question. It is his submission that points no 1 to 6 of the RTI application concerning steps taken for revision of pension under CMPF Scheme by Ministry of Coal ought to have been answered by CPIO, Ministry of Coal whereas, the RTI application was transferred to CMPF Commissioner Dhanbad in toto. He draws the attention of the Commission towards the information furnished against queries no. 1 to
6. It is noted that all the said queries except for point no 5 have been replied to adequately. Query no. 5 reads as:
Please provide all Minutes of the Meetings held at the Ministry of Coal to discuss the valuation of CMPF & to consider the enhancement/ revision of the amount of pension admissible under the Coal Mines Pension Scheme since implementation of the scheme in 1998.
In reply, the PIO, CMPF, Dhanbad had merely referred to unavailability of the information sought. PIO, Ministry of Coal is not arrayed as party in the present proceedings.
Per contra, the PIO, CMPF Dhanbad submits that the Coal Mines Pension Scheme 1998 was enacted as a beneficial provision aimed at providing monthly pension to retired coal mines workers on the basis of last drawn salary. The said scheme is stated to have replaced the then extant Family Pension Scheme. He states that as per the scheme, revision in the quantum of pension is mandated every three years. He submits that the proposal of revision is initiated with the evaluation of the fund by an actuary and the same is placed before the Board of Trustees of the fund headed by Secretary, Ministry of Coal, GoI for approval. He submits that though revision proposals have been submitted before the Board of Trustees, CMPF every third year since 1998; but due to financial constraints they were not approved. The same seems to be grievance of the complainant. The complainant is further aggrieved with the inconclusive information on point no 10 wherein he had sought value of CMPF after each valuation.
On the request of complainant, the present complaints are being taken up as appeals for proper adjudication.
Decision:
After hearing the parties and perusal of record, the Commission finds that information has been furnished to the appellant except on point no 5. The decision to approve or not to approve any proposal for revision is a policy Page 2 of 3 decision in the realm of executive. Reasons for the same as contained in the minutes of meetings if Board of Trustees, CMPF may be made available to the appellant. The CPIO, Ministry of Coal is directed to furnish information free of cost to the appellant on point no. 5 of the RTI application within 2 weeks of the receipt of the present decision.
Further, the PIO, CMPF, Dhanbad shall furnish revised reply on point no. 10 within 2 weeks of receipt of this order.
The appeals are allowed in aforesaid terms.
(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 Page 3 of 3