Central Information Commissioner (CIC) issued Show Cause Notices to the Public Authority (EPFO) for Rs 25 lakh Compensation to the Pensioner and also for “maximum penalty” to the CPIO, Regional Office
October 3, 2018:
The Central Information Commissioner (CIC) has issued show cause notice to CPIO of Regional Provident Fund Office (RPFO) for “maximum penalty” and award of Rs 25 lakh compensation to a 76 year old pensioner to whom information regarding pensioners, pensionable service etc was not provided despite repeated requests.
CIC M Sridhar Acharyulu passed the order in the “pathetic case of Mr. Subhash Chandra Banerjee (76 yrs), who is seriously ill and almost on death-bed (in Kolkata), whose case was pursued by a former General Manager of Haryana Tourism Corporation (HTC), Chandigarh Parveen Kohli.
The appellant Mr Parveen Kohli sought information under RTI Act, 2005, on behalf of Mr. Subhash Chandra Banerjee, about number and details of pensioners whose pensionable service for pension fixation/calculation has been treated as the total of past service i.e. prior to 16.11.1995 and service beyond 16.11.1995 as per orders of District Consumer Forums, State Consumer Disputes Redressal Commission, National Consumer Disputes Redressal Commission and courts of law, details of all such cases relating to issue above and list of cases and orders, copy of complete relevant files i.e. correspondence pages along with noting pages containing all the relevant documents in above cases.
According to detailed order of the CIC, the CPIO of RPFO, Kolkata replied that no such cases are available with the legal cell and provided the copy of only noting sought in point no. 6. The 1st Appellate Authority stated that the CPIO has not denied the information sought but the information was voluminous in nature.
76 year old Banerjee is seriously ill and suffering from Ischemic Heart Disease with Epilepsy with Cerebral Hge, Hyper depression, Seizure disorder, Lumber-1 Compression fracture. He joined service in 1969 and retired from service in 2002 and he was entitled to receive monthly pension from EPFO under EPS95 Scheme w.e.f 5.8.2000.
The Commission directed Mr. J. Nayak, CPIO and concerned RPFC to a) provide certified copies of the entire file concerning Mr. Subhash Chandra Banerjee’s pension, before 15th October 2018 free of cost.
The CIC also asked Nayak to explain why the order of National Consumer Commission in Banerjee’s case was not implemented, when will it be implemented and also inform which officer is responsible for denial of pension to Banerjee and what action was taken against for non-compliance of the order of National Consumer Commission.
The Commissioner also asked CPIO to explain legal reasons, policy with documents, why entire pension amount of Banerjee was confiscated and he was deprived of his pension since 2000 and also inform by what time his pension will be restored, arrears paid with interest to Banerjee.
The Commission directed Mr. J. Nayak, CPIO to show-cause why maximum penalty should not be imposed upon him for not furnishing complete information sought within stipulated time.
“The Public Authority shall explain why it should not be directed to pay Rs 25 lakh as compensation to Mr. Subhash Chandra Banerjee for harassment, denial and deprivation, the 9 page order said.
The Commission directed the RPFC who is also first public authority, to enquire into this harassment, initiate efforts to redress the grievance and inform the Commission, Mr. Banerjee and appellant when his amount will be paid.
All responses shall reach before 15.10.2018, and the matter is posted for compliance and penalty proceedings on 15.10.2018 at 12:30 p.m, the CIC M. Sridhar Acharyulu, ordered.
