CIC directs Public Authority to explain the non- adjudication of RTI appeal by FAA
The appellant filed an application under the Right to Information (RTI) Act with the Northern Railway, seeking the cause of sudden stoppage of the family pension received by her on account her deceased father who was an employee of the Northern Railway. The Public Information Officer (PIO) informed the applicant that for the receiving family pension by any unmarried family member who has attained the age of 25 years, complete set of documents were required to be submitted at the DRM Office for continuation of the family pension payments. The applicant stated that she placed all the documents on record and contended that despite passage of reasonable amount of time no payment of pension so far has been done to her. Aggrieved with non- receipt of remedy, the applicant filed a first appeal. However no order was passed by the First Appellate Authority (FAA) forcing her to file second appeal with the Central Information Commission (CIC).
View of CIC
The Central Information Commission (CIC) observed that the case has not been adjudicated by the FAA which compelled the applicant to approach the Commission and undergo the harassment. The Commission awarded a compensation of Rs. 5,000/- to the appellant for the detriment suffered by her. The Commission directed the Public Authority to recover the amount of compensation from the officer who is responsible for the delay. The CIC also held that no information has been sought by the appellant in second appeal before the Commission rather the applicant has sought remedy of her grievance related to stoppage of family pension which do not fall within the purview of RTI Act. The Commission recommended the FAA to look into the documents submitted by the applicant and resolve the issue. The Commission also sought a report from the Public Authority explaining the non - address of the issue by the FAA and reporting compliance of the above direction.
Citation: Ms. Naseema v. Northern Railway DRM Office in File No: CIC/AD/C/2012/000065
RTI Citation : RTIFI/2012/CIC/732
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