Central Information Commission
CIC/AD/A/2010/000911
Dated July 22, 2010
Name of the Applicant : Shri Rajendra Kumar Saxena
Name of the Public Authority : Morarji Desai National Institute of Yoga
Background
1. The Applicant filed an RTI application dt.30.10.09 with the CPIO, MDNIY requesting for the following
information:
i) the date of dispatch of letter to him containing cheque(s) for payment of 1st installment of
arrears on account of 6th Pay Commission Report.
ii) the speed post No. and date of postal dispatch of the above tated letter.
iii) the last date for making paying of 1st installment of arrears on account of 6th Pay
Commission Report, as per Govt. orders.
iv) In the I.Tax Form 16 issued by MDNIY, the period of income is shown as 31.3.09 to 31.3.09.
Is that income of Rs.52383/ for one day only.
v) Rs.52383/ was towards arrears on account of increased pay. What about payment of
gratuity.
vi) Payment made on 15.5.09 will be counted in FY 200809 or 200910
vii) the date of payment of 1st instalment of arrears on account of 6th Pay Commission Report to
all other officers who retired on superannuation during 1.1.06 to 31.7.09.
Dr.I.N.Acharya, CPIO replied on 23.11.09 furnishing point wise information. Not satisfied with the
reply, the Applicant filed an appeal dt.21.12.09 with the Appellate Authority stating that the replies
provided against points (iii) and (vi) are contradictory, misleading and incorrect. Dr.I.V.Basavaraddi,
Appellate Authority replied on 20.1.10 furnishing the requisite clarification. Being aggrieved with the
reply, the Applicant filed a second appeal dt.9.4.10 before CIC on the following grounds:
i) By paying arrears on 15.5.09, which were to be paid by 31.3.09, MDNIY has counted in FY
200809, as instead of closing the accounts by 31.3.09 they usually keep accounts open for over 2
months, but how can I save Income Tax by investing on 15.5.09, as saving during 200809. I was not
even informed before 31.3.09 that payment of arrears will be made on 15.5.09 to arrange to invest for
tax saving.
ii) Regarding ‘However, it is the responsibility of the individual to submit the Tax Return, if
applicable as per I.Tax Rules’, as stated by First Appellate Authority, it is submitted that return has to
be filed in each case even if it is not taxable. But the responsibility of the employer to deduct tax at
source has not been complied with. Why the tax was not deducted at source for 200809.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for July 22,
2010.
3. Dr.I.N.Acharya, CPIO, Dr.I.Basavaraddi, Appellate authority and Shri K.K.Misra, Administrative
Officer represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellate Authority in his reply dt.20.1.10 had informed the
Appellant that a cheque dt.31.3.09 for the required amount had been dispatched to the Appellant on
13.5.09. He explained that since it is closure of the financial year, there were a number of cheques
lying to be dispatched and it took time to dispstch the said cheque for which the Appellate Authority
had expressed his regret.
6. The Commission, on review of submissions on record and after hearing the Respondent holds that
available information has been provided to the Appellant and advises him to approach an appropriate forum for
redressal of his grievances with regard to late payment of cheque and non deduction of taxes at source.
7. The appeal is accordingly rejected.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Rajendra Kumar Saxena
DA92 F, Rajouri Garden Extension
G8 Area, DA Block
Hari Nagar
New Delhi 110 064
2. The PIO
Morarji Desai National Institute of Yoga
68 Ashok road
Near Gole Dak Khana
New Delhi
3. The Appellate Authority
Morarji Desai National Institute of Yoga
68 Ashok road
Near Gole Dak Khana
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC