CIC: Information about stoppage of pension concerns life & liberty; answer should have to be provided within 48 hours - CIC: It was a lapse on the part of Govt. to pay two pensions to one person & stopping both the pensions immediately was equally wrong

Summary: The Commission finds that, firstly it was a lapse on the part of Government to pay two pensions to one person, secondly stopping both the pensions immediately which is equally wrong. Such a denial of pension might even lead to dire situation of hunger for the pensioner, especially when the appellant is surviving only on pension. The office has certainly a duty to recover the pension extra paid from the appellant, but they cannot deprive him of entire pension amount even temporarily. When law does not provide for attachment of total salary under CPC, even in cases where decree is passed to recover debts from salary of an employee how can pension be totally denied?. To facilitate the employee and his family to survive, only some part of salary should be attached.

FACTS:

2. Appellant through his RTI application sought information on following points:

a) Why his pension had been stopped?

b) Whether he was asked before stopping his pension or on their own will they stop pension?

c) If the pensioner is not asked before stopping the pension, then what action is taken by the department, etc.

3. CPIO stated that as per computer record, appellants pension was stopped by Jila Samaj Kalyan Department. Unsatisfied, appellant filed First appeal and thereafter, has approached the Commission.

Proceedings Before the Commission:

4. The respondent officer alleges that the appellant had applied twice for old age pension, one below 70 years old age pension and other above 70 years old age pension, by producing two bank accounts and procured two pensions from two different constituencies. In case of below 70 years old age pension scheme, Rs 1000/ are disbursed and in case of above 70 years Rs. 1500/ are disbursed per month. The appellant denied that he was receiving double pension. But the officer produced documents, showing that person by same name Anwar Ali, same father’s name and same address were drawing two pensions with ID No. ST21418, 396801, A/C No. 30051971057 and ID No. ST21418,302566 A/C No. 30051471057.

DECISION:

5. It is surprising to know that respondent authority had disbursed second pension to appellant without inquiring whether any pension was being paid to him earlier and thereafter stopped both the pension without giving any notice for same, when recovery had been started.

6. The oldage pension is a welfare scheme of the Government intended to help old people to survive without starving for want of money and care by heirs or others. The rule of pension is that once one is found eligible to get pension as per the qualifications prescribed by the Government, it attaches and cannot be abate until death pensioner. Being alive without improved financial sources is pensioner’s eligibility to get pension continuously. It is the responsibility of respondent authority to inform him if there is any problem in continuing the pension for any reason. When RTI request is made to know the information about stoppage of pension, that application has to be taken seriously and answer should have to be provided within 48 hours. The stand taken by the PIO that two pensions were stopped because two pensions should not have been paid to the appellant. The Commission finds that, firstly it was a lapse on the part of Government to pay two pensions to one person, secondly stopping both the pensions immediately which is equally wrong. Such a denial of pension might even lead to dire situation of hunger for the pensioner, especially when the appellant is surviving only on pension. The office has certainly a duty to recover the pension extra paid from the appellant, but they cannot deprive him of entire pension amount even temporarily. When law does not provide for attachment of total salary under CPC, even in cases where decree is passed to recover debts from salary of an employee how can pension be totally denied? To facilitate the employee and his family to survive, only some part of salary should be attached. Attaching the pension for recovery of dues is so inhuman to deprive pensioner of his monthly pension totally leaves him starving. Especially old age pension that is not more than Rs 1500 per month cannot be totally attached.

7. The Commission directs the respondent authority to inform the appellant about restoration of pension, percentage of salary cut in lieu of past double payment and how long such deduction of pension would continue, whether any notice was sent before stopping pension, if not, reasons for same, within 48 hours from the receipt of this order. The Commission directs the respondent authority not to deduct more than 20 per cent from his pension for recovery of money, if any due is still to be recovered. 8. The Director, Social Welfare Department is required to frame a policy in this regard and is directed to inform how many pensioners are receiving double pension, reasons for that, how many such pensions are stopped, process of recovery they have adopted within one month from the receipt of this order. The policy shall also include the percentage of pension to be attached.

9. With these directions, the present appeal is disposed of.

(M. Sridhar Acharyulu)

Information Commissioner

Citation: Anwar Ali v. Social Welfare Department in Case No. CIC/SA/A/2015/000701