Central Information Commission Judgements

Mr.Bhagwan Das Seth vs Gnctd on 30 July, 2010

Central Information Commission
Mr.Bhagwan Das Seth vs Gnctd on 30 July, 2010
                          CENTRAL INFORMATION COMMISSION
                              Club Building (Near Post Office)
                            Old JNU Campus, New Delhi - 110067
                                   Tel: +91-11-26161796

                                                           Decision No. CIC/SG/A/2010/001691/8769
                                                                  Appeal No. CIC/SG/A/2010/001691

Relevant Facts

emerging from the Appeal:

Appellant : Mr.Bhagwan Das Seth
R/o A-23, Annapurna Apartment,
145, GT Road,
Shahibabad, UP.

Respondent : 1. Mr. J.P. Sharma
PIO & Assistant Director
Department of Power
Government of N.C.T. of Delhi
8th Level, B- Wing, Delhi Secretariat,
IP Estate, New Delhi.

2. Mr. K. V. Krishnakumar
Public Information Officer & DGM(HR-II)
Delhi Transco Ltd.

Government of N.C.T. of Delhi
Shakti Sadan, Kotla Marg, Room no. 604,
New Delhi-110002.


RTI application filed on            :      01/02/2010
PIO replied                         :      03/03/2010
First appeal filed on               :      26/03/2010
First Appellate Authority order     :      06/04/2010
Second Appeal received on           :      21/06/2010

Sl.                      Information Sought                          Reply of the PIO

1. The date on which the order No. E/PRC/177 dated 21.8.1995 Information sought pertains to
shall be implemented. Pension Trust which is not covered
under Section 2(h) of the RTI Act,
2005.

2. The date on which the order no. F24(1)/A+G/PRC/185 dated As above.
1.11.1995 shall be implemented.

3. The date on which the Govt. of NCT of Delhi Order No. F11/ As above.

(76)/2005/Power/2121 dated 12.08.09 shall be implemented.

4. The details of the amount due to the Appellant on a/c of As above.

Interim Relief as per DESU Order No. E/PRC/177 dated. 21 .
8.1995.

5. Date on which the Appellant shall receive the same. As above.

6. Date on which the Appellant shall receive the difference of As above.

pension, LTC etc. after payment of Interim Relief as per Order
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No. E/PRC/177 dated 21.8.1995 read with order no. F24/
(1)/A+G/PRC/185 dated 1.11.1995.

7. Attested copy of the “Memorandum of Settlement” dated Query was transferred to Delhi
19/04/1998 executed by Delhi Vidyut Board and Joint Action Transco Ltd.
Committee.

8. Attested copy of the affidavit submitted before the Hon’ble As above.

High Court Delhi to assure the Hon’ble High Court that DESU
(Now) DVB/Jain Wage Revision Committee recommendations
shall be implemented.

Grounds for the First Appeal:

Unsatisfactory information provided by the PIO.

Order of the First Appellate Authority (FAA):
The FAA concurred with the reply given by the PIO.

Grounds for the Second Appeal:

Unfair disposal of the appeal.

Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr.Bhagwan Das Seth;

Respondent (1): Mr. Vineet Kumar, APIO & Superintendent representing Mr. J.P. Sharma, PIO &
Assistant Director (Department of Power);
Respondent (2): Mr. K. V. Krishnakumar, PIO & DGM(HR-II), Delhi Transco Ltd.;

The PIO states that the information sought by the appellant would be available with the ETBF-
2002 Pension Trust. The Commission has decided that ETBF-2002 is a public authority hence the PIO is
directed to send the RTI application to the Mr. Rakesh Mehta, Chairman (Power Secretary), ETBF-2002
with a copy of this order. The PIO of ETBF-2002 (Pension Trust) is directed to provide the information to
the appellant as per the provisions of RTI Act.

Decision:

The Appeal is allowed.

The PIO, Power Department is directed to transfer the RTI application to the
Chairman (Power Secretary) of ETBF-2002 who should instruct the PIO (Pension Trust) to
provide the information as per the provisions of the RTI Act to the appellant.

The PIO of Power Department is directed to transfer the RTI application before
04 August 2010.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
30 July 2010
(In any correspondence on this decision, mention the complete decision number.)(ND)

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