Applicant sought information related to settlement of his dues on account of TA / Medical bills etc. Respondent: Difficult to locate as information is over 12 years old - CIC: Compensation of Rs. 5000/- granted for the inconvenience & detriment caused
The applicant submitted a legal notice dt. 23/06/2003 along with all copies of all the referred documents through his Counsel for non-settlement of his legitimate dues on the following issues:
(i) Traveling allowances bills: (1) December 1998, (2) January 1999, (3) February 1999 (4) March 1999 (5) April 1999 (6) May 1999 (7) June 1999 (8) July 1999, & (9) August 1999. The said bills were submitted for performing the official duties and were duly verified by the then concerned DE.
(ii) Indoor Medical bill of Rs. 21000/- through CGHS Dispensary Faridabad for operation of applicant’s wife.
(iii) Training allowance from 26/11/1999 to 08/05/2000 for performing duty in training centre and as per the procedure laid down in the official orders for payment of the training allowance for the officers posted in training centre who are imparting training to the trainees.
(iv) Refund of Rs. 1277/- the salary of three days, the period which has been illegally declared as dies-non by the incompetent authority.
The applicant has sought the following information:-
1. Action taken report on my above noted TA bills should be informed.
2. Attested copies of note sheets, internal communications etc. of processes for payment of TA bills should be furnished.
3. The amount of payment made towards my above noted TA bills should be informed, in case, no payment has been made, the reasons thereof may be informed.
4. Action taken report on my above noted medical bill should be informed.
5. Attested copies of note sheets, internal communication etc., for dealing my medial bill should be furnished.
6. The amount of payment made to me towards my above noted medical bills should be informed, in case, no payment has been made, the reasons thereof may be informed.
7. The reasons for non-payment of training allowance from 26/11/1999 to 08/05/2000 may be informed.
8. The list of officers posted in training centre during 26/11/1999 to 08/05/2000 who imparted training may be informed.
9. The list of officers who were paid training allowance during the period 26/11/1999 to 08/05/2000 may be informed.
10.The list of officers who were not paid training allowance during the period 26/11/1999 to 08/05/2000 may be informed and the reasons thereof may also be furnished.
11.The authority who dies-non the period 05/01/2000, 13/01/2000 for half day afternoon & 14/01/2000 for half day forenoon for deducting salary may be informed.
12.The competent/disciplinary authority who can dies-non SDE rank officer as per the rules enforced at that time may be informed.
13.Action taken report for refund of deducted salary of Rs. 1277/- against the illegally dies-non period may be informed.
14.Action taken on my appeal for quashing the impugned orders of dies-non of period as noted above may be informed.
Grounds for the Second Appeal: The CPIO has not provided the desired information.
Relevant Facts emerging during the Hearing held on 01/04/2015: The following were present
Appellant: Mr. P. L. Rajput through VC M: 9868132277
The appellant stated that he was working as an SDO in the DoT upto 2000 and had submitted a medical bill for Rs. 21000/- in 1998 relating to the indoor treatment of his wife and despite repeated representations the bill was not passed and he wants to know the reasons. He informed that he had availed medical advance of Rs. 10000/- of which Rs. 7000/- was adjusted against the bill and balance amount of Rs. 3000/- was recovered from his salary which is yet to be refunded. He stated that he had submitted 9 TA bills aggregating approximately Rs. 13000/- and had claimed training allowance for about six months (26/11/1999 to 08/05/2000) which have not been paid and he wants to know the reasons.
The CPIO is not present in spite of being put on notice for the hearing.
Interim Decision notice dated 01/04/2015:
The Commission takes a serious view of the lackadaisical/callous attitude adopted by the CPIO who has not bothered to attend the hearing inspite of being put on notice. The Commission, therefore, directs the FAA/GMTD, BSNL Faridabad SSA to call for the explanation of the CPIO for not providing the information sought by the appellant and also for not attending the hearing inspite of being put on notice. The explanation of the CPIO as aforesaid along with the FAA’s comments should reach the Commission on or before 20/04/2015 by post and also by e-mail at email@example.com. The hearing is adjourned for 28/04/2015 at 03:00 PM.
Relevant Facts emerging during the Hearing on 28/04/2015: The following were present
Appellant: Mr. P. L. Rajput through VC M: 9868132277
Respondent: Mr. A K Verma, CPIO’s representative through VC
The CPIO’s representative stated the appellant is asking for information relating to medical and TA bills which is over twelve years old and as per the record preservation policy the retention period for TA bills is 3 years and for medical records 6 years. The appellant contested stating that his medical and TA bills aggregating almost Rs. 42900/- remain unsettled and the respondent should search out the records and pay the bills. He pleaded that some compensation should be awarded for the detriment and harassment caused to him due to non supply of information.
The CPIO is directed to undertake a thorough search of the records to locate the unsettled medical and TA bills of the appellant and provide him the information. If, however, even after a thorough search the information cannot be located an appropriate affidavit should be filed before the Commission confirming non availability of the information. A copy of the affidavit should be provided to the appellant. The order should be complied within thirty days. The appellant has not been provided the information. For the detriment caused he deserves to be compensated, therefore in exercise of the powers vested in the CIC under section 19(8)(b) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to require the public authority to compensate the complainant for any loss or other detriment suffered; of the RTI Act, we direct the department to compensate him by an amount of Rs. 5000/- for the inconvenience and detriment caused to him. Accordingly, the CPIO should ensure that this amount is remitted to the appellant by demand draft/pay order within 30 days from the date of receipt of this order. The appeal is disposed of accordingly.
Citation: Mr. P. L. Rajput v. BSNL in File No. CIC/BS/A/2014/000884/7502