RTI Judgement Series: Unavoidable and designed harassment due to unproductive procedures

Moneylife Digital Team 10 July 2013

This is another case of harassment of retired employees, where the employee had expired and his wife and son were running from pillar to post. This is the 131st in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing an appeal, said, that the employee had expired and his wife and son were running from pillar to post to obtain information about the assured career progression (ACP) scheme, which should have been granted to the deceased about 10 years back.

While giving this judgement on 7 August 2009, Shailesh Gandhi, the then Central Information Commissioner said, “This is again a case where the inefficient working of public authorities leads to harassment of people who have retired from service.”

Delhi resident Ravi Aggarwal, on 19 December 2008, sought information on the retirement dues of Deepak Aggarwal from the Public Information Officer (PIO) at the office of deputy director of education in Delhi. Here is the information he sought under the Right to Information (RTI) Act and the reply given by the PIO...

1. Intimate the date of appointment of late Shri Deepak Aggarwal, who was worked as trained graduate teacher (TGT) in Government Girls Senior Secondary School, B-Block, Yamuna Vihar, Delhi-53 and expired on 17 June 2001

PIO's Reply: Date of appointment of late Shri Deepak Aggrawal was 12 October 1970

2. Intimate the date of 2nd financial upgradation granted to him under the old assured career progression (ACP) scheme.

PIO's Reply: The 2nd financial up gradation under ACP scheme is yet to be granted … 9 August 1999

3. If not granted, intimate the reason thereof.

PIO's Reply: The file is under process

4. Intimate the name of the officer, who is responsible for the same.

PIO's Reply: ACP is granted by Head of Department (ACP Cell)

5. Intimate what action has been taken against that officer?

PIO's Reply: Case is still under consideration

6. Intimate within how much time case of granting him 2nd financial upgradation under the old ACP Scheme would be finalized.

PIO's Reply: Case is being finalized by ACP Cell whenever they fix up the date

Citing that the PIO has not given specific information about point 3 to 6, Aggarwal filed his first appeal. In his order, the First Appellate Authority (FAA), mentioned that PIO supplied the required information to the appellant.

Aggarwal then approached the CIC with his second appeal stating that the PIO had furnished incomplete and incorrect information.

During the hearing, Mr Gandhi, the then CIC noted that the appellant (Aggarwal) was seeking details of ACP, which should have been granted about 10 years back. The employee had expired and his wife and son were running from pillar to post. The appellant claimed that around Rs50,000 is likely to be due.

The PIO admitted that there was needless chain of procedures which go on for years creating work for officers without any productive outcome. This leads to an unavoidable and designed harassment of senior citizens and their families, the PIO stated.

While allowing the appeal, the CIC then directed the PIO to give the status of the ACP to the appellant before 20 August 2009.

CENTRAL INFORMATION COMMISSION

Decision No. CIC/SG/A/2009/001657/4385

https://ciconline.nic.in/cic_decisions/SG-07082009-05.pdf

Appeal No. CIC/SG/A/2009/001657

Appellant : Ravi Aggarwal

Delhi - 110092

Respondent : Sushila Ahlawat

APIO

O/o The Dy. Director of Education,

District North East, RTI Cell,

Yamuna Vihar, Delhi