Central Information Commission
Mr. S K Goel vs Department Of Power 8Th Level, … on 30 October, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002241/5324
Appeal No. CIC/SG/A/2009/002241
Appellant : Mr. S K Goel
153 Sandesh Vihar,
Pitampura, Delhi-110034
Respondent : Mr. S.M.Ali
Public Information officer & Dy. Secretary
Department of Power 8th Level,
Govt. of NCT of Delhi
'B' wing, Delhi Secretariat,
I.P. Estate, New Delhi-110002
RTI application filed on : 13/04/2009
PIO replied : 05/05/2009
First Appeal filed on : Not mentioned.
First Appellate Authority order : 10/06/2009
Second Appeal Received on : 02/09/2009
Appellant sought information regarding applicability of voluntary retirement under rule 48 A
after disintegration of Delhi Electricity Board and the liability of the pension trust to pay all the
retirement benefits as per the rules to the employees opting voluntary retirement needs to be
given. So all the consequent benefits be paid by the pension trust with interest to the Appellant.
Sl. Information Sought PIO's Reply
1. Whether the TRUST was formed for DVB ETBF-2002 is a Superannuation Fund
payment of terminal benefits and registered under Indian Trust Act, 1882 and is
pension etc to absorbed employees on mandated/designated to release terminal
unbundling of DVB as per DERA benefits terminal benefits only on
2000? Superannuation, Death and Incapacitation of
the beneficiaries.
2. Whether non compliance of If any licensee or person refuses or fails
provisions/directions/requirements without reasonable excuse to comply with or
under DERA is an offence under give effect to, any direction, order or
section 44 of the Act? requirement made under any of the provision
of DERA 2000.
3. Whether B S Sehgal one of the During the period from July 2002 till April
petitioners in CWP no 2332/2002 is 2004, some cases of Voluntary Retirement
paid all the retirement benefits after from new entities under Rule 48-A were
his voluntary retirement under rule processed and paid by Pension Trust.
48A and the applicant the other However, after Govt. of India clarifying that
petitioner is being denied? 48-A cases are not covered under Trust Deed
and Rules, Pension Trust did not entertain any
such cases thereafter.
4. Whether in the writ petition no Appellant's Application was transferred to
2332/2002 before Delhi High Court an Delhi Transco Limited (Delhi Power Supply
affidavit on behalf of Delhi govt. was co. Ltd)
filed, stating that the Govt. of Delhi
has guaranteed to meet any short fall
in the trust at any stage and pension,
terminal benefits are secure after the
transfer?
5. Whether the terminal benefits, leave As mentioned in reply to point no. 3.
salary, pension etc. are/were paid to
other employees opted voluntary
retirement under rule 48A namely s/Sh
S K Chaudhary, A L Mittal, R C Kher,
Satish Kumar and others by TRUST
even before attaining the age of 60
years?
6. Whether the retirement benefits, The case file of the Appellant is lying with
pension etc to Appellant is due to be NDPL which is not covered under RTI Act,
paid since 1/07/2006? 2005 yet as the Court has granted stay to the
operation of RTI in favour of Discoms.
7. What action is taken on the petition The reference letter is not traceable at present.
forwarded by regulatory commission Therefore, the Appellant is requested to visit
vide no. F(25)/DERC/2007-08/1351 dt this office at any working day from 10.30 a.m.
02/07/2008 to 4.30 p.m. with the relevant papers.
8. Whether in writ petition no. PIO mentioned the judgment date 02/07/2007
4827/2005 it was expressed vide its in reply of this question.
order dt 02/07/2007 that rule 48A is
applicable and retirement benefits are
payable by TRUST to absorbed
employees whenever a recourse is
made by any employee?
9. Whether the manager TRUST acted No such type of issue came into light.
against the DERA and said writ
petition no 4827/05 vide his order no
FPT//102/F-10/07-08/M (PT)/204
Date 03/10/2007
Grounds for First Appeal:
Not enclosed.
Order of the First Appellate Authority:
FAA mentioned that during the period from July 202 till April 2004, some cases of Voluntary
Retirement from new entities under Rule 48-A were processed and paid by Pension Trust.
However, after 29/04/2004 when the opinion was given by Learned Attorney General of India
clarifying that 48-A cases are not covered under Trust Deed and Rules, Pension Trust did not
entertain any such cases thereafter.
The issue regarding payment to the erstwhile DVB employees who has taken or going to be
taken Voluntary Retirement under Rule 48 (A) CCS Pension Rule, 1972 is under examination.
Therefore the PIO had furnished the point-wise available information.
Grounds for Second Appeal:
Incorrect and Incomplete information and denied few queries.
Information not given on point no. 7
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. S K Goel;
Respondent: Mr. G.P.Sharma, APIO on behalf of Mr. S.M.Ali, PIO & Dy. Secretary;
The PIO has given certain information and is now directed to give information on query 7. The
PIO has stated that he could not locate the letter mentioned by the Appellant. The Appellant has
provided a copy of the said letter and PIO is now directed to give the information on action taken
on this letter.
Decision:
The appeal is allowed.
The PIO is directed to give the information described above to the Appellant before
15 November 2009
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 October 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj