CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002104/Interim
Appeal No. CIC/SG/A/2010/002104
Relevant Facts
emerging from the Appeal:
Appellant : Ms. Shashi Bhardwaj
D-180 C, Gali No. 8
Laxmi Nagar, Delhi 110092
Respondent : Mr. Vineet Kumar,
Superintendent & APIO
Department of Power, GNCTD
8th Level, B Wing, Delhi Secretariat,
I.P. Estate, New Delhi
RTI application filed on : 08/02/2010
PIO replied : 03/03/2010
First appeal filed on : 26/03/2010
First Appellate Authority order : 06/04/2010
Second Appeal received on : 21/07/2010
Information Sought:-
1. Kindly intimate the date on which recommendation of Justice J.D. Jain Committing DESU
(HOW DVB Wage, Revision committee with regard to interim relief @20% w.e.f. 01/01/1994
shall be implemented.
2. Kindly intimate the amounts due to Late Sh. K.N. Bhardwaj on a/c of Interim relief w.e.f.
01/01/1994.
3. Kindly intimate the date on which the amount due to Late Sh. K.N. Bhardwaj on a/c of IC @
20% w.e.f. 01/01/1994 less the amounts of IR paid at lower rate as recommended by the Justice
J.D. Jain committee shall be paid.
4. Kindly intimate the date on which pension of late Sh. K.N. Bhardwaj will be revised according
to the central civil service Pension Rules 1972 revised for revision of pension w.e.f. 01/01/1996.
5. Kindly intimate the amount date to late Sh. K. N. Bhardwaj on a/c/ of revision of pension w.e.f
01/01/1996.
6. Kindly deliver attested copy of pension circulation sheet for pension w.e.f. 6.1.1975 w.e.f.
1.1.1986 for revised pension and w.e.f. 1.1.1996 for revised pension.
7. Kindly deliver an attested copy of the affidavit submitted before the Hon’ble High Court Delhi
to assure the Hon’ble High Court that Justice J.D. Jain committee recommendation shall be
implemented.
8. Kindly deliver an attested copy of the agreement cited in the statement of the Hon’ble Chief
Minister recorded in the letter of AGM(A) No. F2(4)/A&E/PRC/95-96/NTG/801 dated
3.6.1998 enclosed.
9. Kindly intimate the date on which revised Central Civil Services Pension Rule 1972 / Govt. of
India order No. 1/19/03P+PW(E) dated 06/09/2007 shall be implemented.
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10. Kindly initmati the date on which family pension to unmarried daughter according to central
civil services pension Rule 1972/ Govt. of India order No. 1/19/03P+PW(E) dated 06/09/2007
shall be paid to under signed.
11. Kindly intimate the date on which J.D. Jain committee recommendation with regard to LTC
shall be implemented and the amounts due to Late Sh. K.N. Bhardwaj shall be paid.
Reply of the Public Information Officer (PIO):-
1. Point No. 1 to 6 & 9 to 11:- The information desired by you in the aforesaid application pertains
to pension trust. The pension trust is not accepting the RTI applications as the trust has taken a
legal opinion from Addl. Solicitor General of India who opined that the trust is not covered
under section 2(h) of RTI Act, 2005. it is also important to mention here that the issue regarding
past liabilities is pending before Hon’ble Supreme Court of India.
2. Point No. 7:- This point is being transferred to Delhi Transco Lt. U/S 6(3) of RTI Act, 2005.
Grounds for the First Appeal:
Unsatisfactory reply received from PIO.
Order of the First Appellate Authority (FAA):
“The Pension Trust is not accepting the RTI Application after obtaining the opinion from Addl.
Solicitor General of India. Therfore, the PIO has furnished the available information to the applicant.
The applicant may approach FAA of Delhi Transco Ltd. For Point No. 7 of his application.”
Grounds for the Second Appeal:
Incomplete information provided by PIO & FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Ms. Shashi Bhardwaj;
Respondent: Mr. Vineet Kumar, Superintendent & APIO;
The respondent stated the information is available with the ETBF-2002 Pension Trust. The
ETBF-2002 Pension Trust refused to take RTI Application since they are not a public authority. The
Commission has ruled that it is a public authority but they had challenged this decision before the Delhi
High Court. The Delhi High Court has also ruled that it is a public authority. The organization has
challenged the decision of the High Court before the Division Bench in LPA 511/2010 and have
obtained a stay on the decision. Until the matter is resolved in the Court this Commission cannot issue
any directions to the ETBF-2002 Pension Trust. Hence the appeal is held in abeyance.
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
17 September 2010
(In any correspondence on this decision, mention the complete decision number.)(KJ)
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