Records of GPF amount, DCRG eligibility or any record of pension and post-retirement benefit payable - thorough search revealed a confidential file and a sub-cash book - the status of appellant’s Indian Citizenship not established – CIC: appeal dismissed
20 Aug, 2013Records of GPF amount, DCRG eligibility or any record of pension and post-retirement benefit payable to the appellant was not available - no entry of payment made towards life insurance has been entered in his service book - on thorough search of old records, the team found a confidential file and a sub-cash book for the year 1971 - Service Book of appellant was already available – query raised regarding the status of appellant’s Indian Citizenship on the date of mailing his application remained unanswered - CIC: appeal dismissed
ORDER
Shri Om Prakash Kalra of Cheshire Circle, Dan Ville, USA, hereinafter known as the appellant, through an RTI application dated 30.4.2012 sought the following information from the CPIO, Central Water Commission, New Delhi:-
1. The total amount of GPF accumulated in my Account Number PF-2955 till I left for USA for higher studies.
2. The amount deducted life insurance charges.
3. DCRG (Death cum Retirement Gratuity) eligibility in my case for the period, I have served for the whole service career.
4. The Pension and Post Retirement benefit payable to me as per rules under force for my entire service career. Since the applicant in his last posting was under the administrative control of the Narmada and Tapi Basin Organisation (NTBO), Gandhinagar, the CPIO transferred the RTI application to the SE Coord. & CPIO, NTBO, Gandhinagar. As regards CWC, HQrs. Shri K.C. Kedia, Director (Estt.2) & CPIO (HRM Unit), CWC, New Delhi, vide letter 30.5.2012 informed the appellant that information in respect of HRM Unit, CWC, New Delhi may please be treated as ‘Nil’. The appellant filed an appeal before the First Appellate Authority (FAA) stating that he had not received any reply from the CPIO. The FAA, Shri R.K. Jain, Chief Engineer, CWC, New Delhi, vide order dated 11.7.2012 dismissed the appeal on the grounds that CPIO, HRM, CWC, New Delhi has already sent a reply to him on 30.5.2012. The appellant was also replied to by the NTBO, vide their letter dated 22.6.2012.
In brief, the reply of the CPIO was that no records of GPF amount, or regarding his retirement case or regarding DCRG eligibility or any record of pension and post retirement benefit payable to the appellant was available with them. No entry of payment made towards life insurance has been entered in his service book. The appellant filed an appeal before the Chief Engineer/ FAA, Narmada & Tapi Basin Oganisation (NTBO). The FAA, vide his letter dated 6.8.2012 conveyed to the appellant a point-wise reply as received from the Executive Engineer, NTBO, Gandhinagar. As per their letter, the appellant was informed that since 1971 till date the Tapi Division, CWC, Surat has shifted location a couple of times. Furthermore, due to severe flooding in Surat in 2006 and earlier as well, many records either got damaged or went missing. However, a team consisting of an Assistant Engineer and two skilled Work Assistants was formed to trace all the documents in respect of Shri O.P. Kalra, the appellant. On thorough search of old records the team found a confidential file and a sub-cash book for the year 1971. The Service Book of Shri Kalra was already available. Based on these available records, it is seen that Shri Kalra worked in CFFD, Surat from 23.8.1971 to 8.9.1971 i.e. only for 17 days and was willfully absent from 9.9.1971 (FN) onwards, as per record available in confidential file. Since he worked in CFFD, Surat from 23.8.1971 to 8.9.1971 (for 17 days) and was willfully absent from 9.9.1971(FN) onwards, no payment of salary was made from 23.8.1971 to 8.9.1971, hence no life insurance was deducted for the period, nor is there any information available about the processing of his retirement case. Along with this reply a copy of Memo dated 10.9.1971 issued by Central Forecasting Division to the appellant at his New Delhi address was also enclosed by which he was informed that 24 months leave sanctioned to him has been cancelled, that his leaving the office by submitting a departure report is not correct and the same has been treated as willful absence from duty liable for disciplinary action. In so far as the CWC, HQrs. is concerned, the respondent submit, they hold no records pertaining to this case, the CWC, came into existence only in 1973 and records pertaining to such an old period is not available with them. The PAO, CWC came into existence after 1976. The respondent has provided information as is available with them in material form. Furthermore, the respondent stated the CPIO/ NTBO has also requested the appellant vide letter dated 22.6.2012 to submit documentary evidence regarding the status of his Indian Citizenship on the date of mailing his query under the RTI Act. The reply from Shri Kalra to this query has still not been received at the time of hearing of the case. Shri Kalra has no clarification to offer during the hearing. Shri Kalra has failed to produce any documentary evidence of his Indian Citizenship, in spite of letter dated 226.6.2012 of CPIO/ NTBO requesting him to do so. Moreover, he has no explanation to offer during the hearing regarding this matter. The appeal of Shri Kalra stands dismissed. The matter is disposed of on the part of the Commission.
(Sushma Singh)
Information Commissioner
Citation: Shri Om Prakash Kalra v. Central Water Commission (CWC) in Case No. CIC/SS/A/2012/002988