CIC: There is lack of coordination among the officials of the Personnel Department & Refractory unit which is quite unacceptable - CIC: A strict warning is issued to the PIOs for not replying timely and not transferring application to deemed PIO u/s 6(3)
1 May, 2023Information Sought:
The appellant has sought the following information pertaining to his pension:
1. What is the reason for not showing company’s contribution online against the name of the appellant?
2. How much amount has been contributed by the company in his account?
3. Whether he will get the contribution of the company?
4. And other related information.
Grounds for filing Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant stated that he had not received his pensionary benefits from the respondents and he was not satisfied with the reply of the CPIO.
The CPIO vide written submissions dated 28.03.2023 submitted that the RTI application was received on 15.01.2022 which was processed on the same day by the CPIO and sent to the Chief General Manager (P&A), SRU Bokaro for providing the information requested by B.Chakraborty. He further submitted that the CGM is the FAA and he marked the RTI to his immediate subordinates for disposal. He further pointed out that for best known reasons not disclosed by the Personnel Department the information sought for was not forwarded to the CPIO for almost 15 months.
Subsequently, the appellant sent an application to the FAA, of SAIL Refractory Unit Bokaro. However still nothing materialised. The CPIO could not explain the reasons for the same as the FAA is his Senior. He further submitted that on receipt of CIC notice, the DGM (P&A) Shri P.Toppo sent the sought for information to him on 20.03.2023 and accordingly, he forwarded this to the appellant.
Observations:
It is an admitted fact that on 20.03.2023 the RTI application filed on 12.01.2022 was replied to. In respect of points no. 1,2,3 and 4 of the RTI application, the CPIO replied that as per the provisions of SAIL Pension Scheme the employees who resigned from the services of the company prior to 01.01.2017 would not be eligible for pensionary benefits. He further stated that the appellant is not entitled to any pensionary benefits based on this. This had also been communicated to the appellant vide letter dated 16.08.2021.
In respect of point no. 5 it was replied that the case of all ex-officers of the company have been dealt with as per the provisions of the SAIL pension scheme applicable to them.
The Commission observed that the CPIO’s written submissions show that there is lack of coordination among the officials of the Personnel Department and Refractory unit which is quite unacceptable. Be that as it may, the appellant appears to have been well informed on 16.08.2021 regarding the SAIL Pension scheme; however, he chose to seek information under the RTI Act seeking clarifications which are anyway not covered u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
Decision:
The reply dated 20.03.2023 is accepted as just and proper. However, a strict warning is issued to the CPIO, Personnel Department for not replying on time. The CPIO refractory unit is advised to follow Sec 6(3) of the RTI Act strictly and instead of transferring the RTI application to the FAA, the same should be addressed to the concerned CPIO/deemed PIO/custodian. Furthermore, the FAA is cautioned to be careful regarding his statutory duty and avoid keeping first appeals pending beyond 45 days from the date of receipt.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: B Chakraborty v. Steel Authority of India (SAIL), File no.: - CIC/SAIL1/A/2022/119889; 05/04/2023