Central Information Commission Judgements

Mr.Satpal Singh vs Gnctd on 23 September, 2010

Central Information Commission
Mr.Satpal Singh vs Gnctd on 23 September, 2010
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office),
                          Old JNU Campus, New Delhi - 110067.
                                 Tel: +91-11-26161796

                                                              Decision No. CIC/SG/A/2010/002156/9470
                                                                     Appeal No. CIC/SG/A/2010/002156
Relevant Facts emerging from the Appeal:

Appellant                            :       Mr. Satpal Singh
                                             21-E, Central Place,
                                             Bengali Market, New Delhi-110001.

Respondent                           :       Ms. Anita Gaur
                                             Public Information Officer &
                                             District Social Welfare Officer(North)
                                             Govt. of NCT of Delhi
                                             O/o District Social Welfare Officer (North)
                                             Deptt. of Social Welfare, 20-21, Shopping
                                             Complex, Gulabi Bagh, Delhi.

RTI application filed on               :        18/01/2010
PIO replied                            :        17/04/2010
First appeal filed on                  :        23/03/2010
First Appellate Authority order        :        01/04/2010
Second Appeal received on              :        28/07/2010
Sr                  Information sought                                        PIO's reply
 .

1. Whether Smt. Joginder Kaur w/o Late S. Pratap Yes, she is availing monthly Old Age Pension from
Singh r/o F-67, Radio Colony, Kingsway this Office.
Camp, Delhi-9, is availing any monthly
financial help as a Widow/Sr.Citizen.

2. The Information when Deptt. of Social Welfare She was started paying Pension from the year 1997-

started paying the financial help to her. 98.

3. In case she is being given any monthly Yes, the cases are sanctioned only when the
payment whether she applied through proper applicant fulfills all the conditions of the Old Age
channel. Pension Scheme. i.e.

i) Five years residence proof of residing in Delhi

ii) Family Income less than Rs. 60000/- p.a.

4. If, Yes, Photocopy of the application form and The required information can not be given under
other documents submitted by Smt. Joginder Right to Information Act section 8(J).
Kaur may be provided.

Grounds for First Appeal:

Non-receipt of the information from the PIO.

Order of the First Appellate Authority:

“The DSWO(North)/PIO stated that the application has again been re-transferred to Dy. Director (FAS)
with a copy to DSWO(North) vide latter’s letter dated 18.2.2010 in which it has been recorded that the
information pertained to the old case and the area of the case falls under the jurisdiction of DSWO(North).
Under these circumstances, it may be desirable to furnish the information as admissible under the RTI Act
by the DSWO(North) within a period of 15 days keeping in view the fact that area of case falls under the
jurisdiction of District (North).”

Grounds for Second Appeal
Unsatisfactory response received from the PIO.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. Satpal Singh;

Respondent: Ms. Anita Gaur, Public Information Officer & District Social Welfare Officer(North);

The PIO states that the RTI application has been transferred multiple times and reached her office
on 22/03/2010. The PIO has refused to give information about the application form and other documents
submitted by Mrs. Joginder Kaur to get her old age pension claiming exemption under Section 8(1)(j) of
the RTI Act. It appears that this is certainly personal information and disclosure of this information could
be construed as an invasion on the privacy of an individual. The appellant alleges that the pension is being
drawn by Mrs. Joginder Kaur on fraudulent claims. Merely on allegations it would be improper to reveal
information it would be an invasion on the privacy of an individual. In view of this the PIO’s claim for
exemption is upheld.

Decision:

The appeal is disposed.

The information has been provided to the appellant.
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 cost as per Section 7(6) of RTI Ac.

Shailesh Gandhi
Information Commissioner
23 September 2010
(In any correspondence on this decision, mentioned the complete decision number.)(AK)