Central Information Commission
Complaint No.CIC/WB/C/2008/00685-SM dated 31.01.2008
Right to Information Act-2005-Under Section (18)
Dated: 3 August 2009
Name of the Complainant : Shri Subhash Chandra,
Advocate,
Satyapuram Colony,
Deoratha No. 8,
P.O. Shahganj,
Name of the Public Authority : CPIO, Ministry of Defence,
O/o the Pension & Welfare Wing,
Air Force Record Office, Subroto Park,
New Delhi.
The Complainant was present in person.
On behalf of the Respondent, the following were present:-
(i) Wing Cdr. PNJ Singh, APIO
(ii) Ms. Nishtha Upadhyay, Jt. CDA
(iii) Flt. Lt. Vishal Chopra, APIO, AFRO
(iv) Shri Gopal Krishna, Dy. Manager, PNB
The brief facts of the case are as under.
2. In this case, the Complainant had, in his application dated January
31, 2008, requested the CPIO for certain details about the revision of his
pension based on the recommendations of the Fifth Pay Commission. His
request was transferred to a host of authorities nearly 4 months later but he
received no information except from the Punjab National Bank (PNB).
Therefore he has sent this complaint to the CIC.
3. During the hearing, both the parties were present and made their
submissions. It is obvious that the CPIO to whom the original application had
been addressed did not transfer the application within the time limit
provided under the Right to Information (RTI) Act and delayed considerably.
CIC/PB/C/2008/00685-SM
This act of his renders him liable for penalty under Section 20 of the Right
to Information (RTI) Act. However, before imposing any penalty on him, we
would like him to explain to us in writing within 20 working days from the
receipt of this order the reasons for not providing the information or for not
transferring the application to the appropriate CPIO in time. If we do not
receive his explanation, we will proceed to impose penalty on him as per
the above provision.
4. We also direct the CPIO to provide to the Complainant within 10
working days from the receipt of this order, the desired information,
namely, the certified copy of the Government Notification based on which
the Complainant’s pension had been revised following the recommendations
of the Fifth Pay Commission and a copy of the communication which had
been sent to the PNB at that time in this regard.
5. With the above directions, the complaint is disposed off.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
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.
(Vijay Bhalla)
Assistant Registrar
CIC/PB/C/2008/00685-SM