2010 (10) TMI 432 - Commission - Indian Laws

Penalty - Right to information - The appellant s husband, retired in June, 2009 but the PPO in regard to his GPF payout was issued as late as 1-9-2009 with the delay of 2 months - He said that these were not ordinary or administrative delays, but were deliberate acts by officers whose motives were far from honest - the helplessness, anger and dismay of the appellant because of the delay in the payment of her husband s terminal benefits, especially his GPF accumulations even three months after his retirement in June 2009. The plea of computer glitches and so on could be of little solace to a person whose husband was subjected to such delays at a crucial period in his life and career - Necessary that matters such as these are addressed through systemic improvements so that hapless retirees do not find themselves at the receiving end, powerless and deprived - By powers vested in the Commission under Section 25 of the RTI Act, public authority is advised that they device a computer-based system which would display, up-to-date, the names and the dates of retirement of all retirees covered by its respective offices, and displays also the timelines for various actions connected with the payouts of all their terminal benefits as well as the status of the adherence to those timelines. Appellant stated that there were delays in her receiving the reply from the CPIO - Whereas, the RTI-application was dated 5-10-2009, the reply she received was after two months, i.e. on 10-12-2009 - A notice may issue to the CPIO and the holder of the information as to why penalty under Section 20 not be imposed on them for the above delay.

Summary

Issues:
1. Delay in payment of GPF accumulations after retirement.
2. Non-payment of interest on GPF payout.
3. Lack of transparency and efficiency in the handling of retirees' cases by the public authority.

Detailed Analysis:
Issue 1: The appellant filed an RTI application seeking information regarding the interest payment on the GPF payout of her husband, who retired in June 2009. Despite the issuance of the GPF payment authority on 1-9-2009, the actual payment was delayed until 30-9-2009. The appellant questioned the authority's actions, alleging deliberate delays causing financial loss and harassment to retirees. The respondents attributed the delay to unintentional computer system glitches affecting the issuance of PPOs, including the appellant's husband's. The Commission acknowledged the appellant's distress due to the delayed payment and emphasized the need for systemic improvements to prevent such situations in the future.

Issue 2: The appellant raised concerns about the non-payment of interest for September 2009, as the PPO was issued before the 15th of the month, leading to inadmissibility of interest as per rules. The CPIO provided explanations regarding the dispatch of the GPF final payment authority and the subsequent delay in processing the payment. The Commission noted the appellant's dissatisfaction with the responses provided by the public authority and highlighted the need for transparency and efficiency in handling retirees' cases to avoid suspicion and improve service delivery.

Issue 3: The Commission recommended that the public authority, Pay & Accounts Office, Central Board of Excise & Customs, implement a computer-based system to track retirees' information, retirement dates, and timelines for benefit payouts. Such a system would enhance transparency, eliminate delays, and address retirees' concerns regarding the handling of their cases. The Commission advised the implementation of this system within three months and directed the communication of this order to the Chairman of CBEC for necessary action.

In conclusion, the Commission addressed the appellant's grievances, advised systemic improvements to prevent delays in benefit payouts, and recommended the establishment of a transparent tracking system for retirees' cases to enhance efficiency and service delivery.