Central Information Commission Judgements

Mr. T.G. Nair vs Department Of Financial Services on 15 October, 2008

Central Information Commission
Mr. T.G. Nair vs Department Of Financial Services on 15 October, 2008
          CENTRAL INFORMATION COMMISSION
                                                                    Appeal No.2901/ICPB/2008
                                                                        F. No. PBA/2007/1101
                                                                             October 15, 2008

             In the matter of Right to Information Act, 2005 - Section 19
                              [Hearing on 30.9.2008 at 5.15 p.m.]


Appellant:          Mr. T.G. Nair

Public authority:   Department of Financial Services
                    Mr. M.K. Malhotra, Deputy Secretary & CPIO

Parties Present:    For Respondent:
                    Mr. M.K. Malhotra, Deputy Secretary

                    Mr. T.G. Nair-Appellant
                    Mr. Narindra Pal Singh
                    Mr. R.P. Donde
FACTS

:

The appellant has sought information under RTI Act by his letter dated
27.1.2007 addressed to CPIO, Banking Division, Ministry of Finance, New Delhi
as under:

Copy of the letter addressed to the Reserve Bank of India approving grant
of family pension uniformly at the rate of 30% of the last pay drawn by the
retirees of the Reserve Bank on the lines of Family Pension Scheme for
the Central Government Employees and copies of the office noting in this
regard on the Government files.

The CPIO by his letter dated 12.2.2007 has given his reply explaining the issue,
however, denying to provide the file notings quoting a O.M. issued by the
Department of Personnel & Training. Aggrieved with this reply, the appellant
preferred his appeal before the First AA on 11.5.2007. The First AA has
disposed of this appeal on 14.5.2007 by upholding the decision of the PIO.
Hence, the appellant preferred this appeal before the Commission on 9.8.2007.
Comments were called for from the public authority vide letter dated 19.11.2007
which has been received from the public authority 4.12.2007.

DECISION:

2. I have gone through the RTI application and other replies received in this
connection. The matter has been deliberated in detail during the hearing. The
whole issue is regarding pension scheme awarded to RBI employees. In this
regard a letter appears to have gone from Hon’ble Minister of State for Finance
to an Hon’ble Member of Parliament in which there is a mention of 30 per cent of

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the last drawn pay as pension. The appellant is requesting for this information
based on which they have received a letter from Hon’ble Minister on 12.9.2006
by which he has clarified some other matter to Hon’ble Member of Parliament
informing him RBI officials will also be entitled for family pension at the rate of 30
per cent of the last pay drawn. During the hearing the CPIO has brought to the
notice of the Commission that a number of letters have been exchanged between
the Minister and MP on this issue and the Minister has also clarified the matter to
the MP how the Ministry has worked out this 30 per cent in a graded manner in
respect of various pay groups. Apart from this the appellant is insisting for a
letter that has been sent by Government of India to Reserve Bank of India in this
connection and the Department feels it is confidential information though the
action in this regard is complete by now. In this connection, I direct the CPIO to
provide the following information to the appellant so that it will clarify the matter
once for all:

(i) The Letter of Hon’ble Minister to Hon’ble Member of Parliament
regarding payment of family pension along with the subsequent
letter of the Minister clarifying the matter again to the MP;

(ii) Formal letter written by the Government of India to Reserve Bank of
India regarding family pension along with enclosures and file notings
based on which the Government has taken the said decision.

The above information has to be given to the appellant within 15 days from the
date of receipt of this decision.

Let a copy of this decision be sent to the appellant and CPIO.

Sd/-

(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :

(Prem Singh Sagar)
Under Secretary & Assistant Registrar

Address of parties :

1. Mr. M.K. Malhotra, Deputy Secretary & CPIO, Department of Financial
Services, Jeevan Deep, Sansad Marg, New Delhi-110001

2. Mr. T.G. Nair, 12, Srinivas Building, Balaji Prasad Coop. Housing Society,
RB Mehta Marg, Rajawadi P.O. Ghatkopar, Mumbai-400077

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