CIC: Provide details of amount paid on account of gratuity, due monthly payment, PF, arrears of due allowance - CIC: PIO SWAC can take assistance u/s 5(4) of the RTI Act from CPIO, Air HQ Vayu Bhawan and provide the relevant reply to avoid further delay
6 Nov, 2022
Information Sought:
The appellant has sought the following information:
1. The appellant has made a reference to letter No. Air HQ/99798/916958/03/2019/NE DAV dated 13 Dec 2019. In the said letter it has been stated that an amount of Rs. 1,26,742/- has been withheld. In this connection, provide the reasons for withholding the said amount.
2. Provide details of amount paid to the appellant on account of gratuity, due monthly payment, PF, arrears of due allowance, etc.
3. Provide opinion on all paragraphs of letter No.759 SU/258/256/P3 dated 01/09/2020.
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 was not present at the VC venue despite due service of notice on 22.10.2022 vide speed post acknowledgment no. ED236954469IN. The CPIO submitted that a suitable reply was given vide letter dated 12.10.2021.
Observations:
Based on a perusal of the record, it was noted that the CPIO, SWAC on 12.10.2021 had provided a reply on points no. 3 to 5 and stated that the same is 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; “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; “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; “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. On a query, he submitted that the RTI application was received on transfer from CPIO Air HQ Vayu Bhawan on 11.10.2021 on the above points only.
The CPIO, SWAC vide written submissions dated 27.10.2022 reiterated the earlier replies and also informed the Commission that the first appeal was not received by them. The Commission observed that points no. 1, 2, 6 and 7 were not replied to by the CPIO, Air HQ Vayu Bhawan and CPIO, SWAC had replied only to the points transferred to him. Be that as it may, the opinion of the CPIO is not the opinion as referred in Sec 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; “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; “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; “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 and the appellant had clearly misinterpreted Sec 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; “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; “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; “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.
As far as the RTI application is concerned, available information on point no. 2 can be given to the appellant or the status of the payment eligibility can be informed, therefore, the CPIO SWAC can take assistance u/s 5(4) of the RTI Act from CPIO, Air HQ Vayu Bhawan and provide the relevant reply to avoid further delay.
Decision:
The CPIO SWAC shall send a suitable reply on point no. 2 of the RTI application and collect the same from CPIO, Air HQ Vayu Bhawan within 15 days from the date of receipt of the order. The rest of the points are not covered within the ambit of Sec 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; “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; “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; “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.
The appeal is disposed of accordingly
Vanaja N. Sarna
Information Commissioner
Citation: Hemveer Nehara v. Central Public Information Officer HQ, SWAC, IAF, File no.: - CIC/IAIRF/A/2021/660037, Date of Decision: 01/11/2022