Central Information Commission
CIC/AD/A/2009/000805
Dated August 20, 2009
Name of the Applicant : Mrs.Meera Jhangiani
Name of the Public Authority : AIR, New Delhi
Background
1. The Applicant filed an RTI application dt.16.3.09 with the CPIO, AIR, New
Delhi. She requested for the following information:
i) Action taken on order dt.21.10.08 by PAO, AIR, New Delhi and also
Cash Section of DG-AIR, New Delhi
ii) Action taken on letter dt.20.11.08 by PAO, AIR, New Delhi
iii) Action taken on her letter dt.15.1.09 to Admn. Section, AIR
iv) Action taken on her letter dt.29.1.09 to admn. Section, AIR as well as
PAO, AIR, New Delhi.
v) Names, designations and contact details of the officers/officials (official
hierarchy) to whom the above letters were marked, by whom these were
marked and on what date, for how long did it stay there and what action did
he/she take during that period.
vi) To forward copies of the above mentioned letters with remarks of all
persons to whom these are marked in the hierarchy.
vii) It is understood that as per Govt. Order, the benefits were to be paid
in the year 2008 itself. Why she has not been paid the benefits due to her
even after a lapse of around six months
viii) Why instructions contained in OM dt.14.10.08 of Dept. of Pension &
Pensioners Welfare have not been followed by AIR.
ix) Why she had not been paid Sixth Pay Commission benefits till date
despite making several requests (oral, written as well as making personal
visits on occasions to AIR all the way from Dwarka)
x) How much time is required by AIR to sanction and pay the benefits of
Sixth Pay Commission
xi) At what rate interest will be paid to her for the delay on the part of
AIR. Who is accountable for the delay. What action will be taken against
him/her.
xii) By what time she will receive the payment as well as documents as
requested in her letters referred above.
The CPIO replied on 6.4.09 stating that with regard to points i, ii & iv, a
copy of the RTI application received has been forwarded to PAO and Cash
Section for furnishing the information directly to her and that with regard to
pint (iii) a revised calculation sheet of pension/gratuity/commutation/family
pension etc. has been forwarded to PAO with a copy endorsed to the
applicant. He also added that whenever a request or a proposal is received
in the office, it is dealt with by the office and no official is responsible in
personal capacity. Hence the information cannot be given. As for points vii to
xii, he stated that the Public Authority under RTI is obliged to provide
information as admissible under the Act, which is available with it. It is not
supposed to solve the problems raised by the Applicant or furnish replies to
hypothetical questions. As such the points 7 to 12 of the application deserve
no reply.
Not satisfied with the reply, the Applicant filed an appeal dt.25.4.09 with the
Appellate Authority stating that no specific information has been provided.
The Appellate Authority replied on 15.5.09 inviting the Applicant to inspect
the records/documents on a mutually convenient date with CPIO. Being
aggrieved with this reply, the Applicant filed a second appeal dt.29.5.09
before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on August 20, 2009.
3. Mr.M.D.Sundriyal, CPIO and Mr.S.R.Pandey, Consultant represented the
Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. With regard to points v and vi related to names etc. of officials responsible
for delay in payments of benefits arising out of the 6th Pay Commission
recommendations, the Commission holds that it is not possible to pinpoint
names of officers responsible since payment of benefits to its employees is a
collective responsibility of the Public Authority and not the responsibility of
one or two officials. The Commission observed that information against
points vii to xii is not available in the records and that it does not fall under
the definition of information as given under Section 2 (f) of the RTI Act.
6. The Commission holds that all available information has been furnished to the
Appellant and accordingly disposes off the appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mrs.Meera Jhangiani
Flat No.105, DDA MIG Flats
Sector-14, Pocket-B
Phase-II, Dwarka
New Delhi 110 075
2. Shri S.S.Dalal
The CPIO &
Dy. Director of Admn (HQ)
DG : AIR
Akashvani Bhawan
Parliament Street
New Delhi
3. Ms.Mridula Ghai
The Appellate Authority &
Director of Admn (HQ)
DG : AIR
Akashvani Bhawan
Parliament Street
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC