Business Standard: New Delhi: Monday,
April 03, 2017.
Right to
information (RTI) applications seeking pension details should be replied to
within 48 hours as it pertains to the "life and liberty" of the
elderly, the Central Information Commission has held as it pitched for early
redressal of such grievances.
The
Commission also directed that if an RTI application is a genuine grievance of a
pensioner, steps should be initiated within 48 hours to redress it.
The directive
of Information Commissioner Sridhar Acharyulu will come to the aid of over 58
lakh central government pensioners.
Acharyulu in
a recent order held that the information pertaining to pension of a person pertains
to his/her life and liberty which is mandated to be replied to within 48 hours
as per the RTI Act.
He said the
moment an RTI application on pension issue is received, there should be a
mechanism at the entry stage to discover and identify if it reflects a pension
related grievance.
He said it
should be brought to the notice of the responsible officer by the CPIO on the
same day and if it is a genuine case, the grievance should be addressed. The
result should be communicated within 48 hours, followed by redressal within 30
days.
Acharyulu
said considering the "living needs" of elderly pensioners, it is
important that records of their dues should be considered as "life and
liberty" related information under the RTI Act.
"The
moment RTI application on pension issue is received, there should be a
mechanism at the entry stage to discover and identify if it reflects a pension
related grievance/issue and should be acted upon immediately," Acharyulu
said in his directives to Employees' Provident Fund Office, Raipur.
He said all
the cases relating to delay in fixation and payment of pension and also arrears
shall be dealt with urgently, considering them as request for information
concerning the life or liberty under section 7(1) of RTI Act.
"Any
grievance regarding these issues should also be treated as 'right to life'
under Article 21 of the Indian Constitution and the public authorities shall do
all the needful to address the issue within 48 hours," the Information
Commissioner said.
Acharyulu
said some authorities say that unless an imminent danger is there to life or
liberty, this clause cannot be invoked.
"It is
an extraneous extension of imagination without any basis. The expression used
in the Act is simply 'where the information sought for concerns the life or
liberty of a person', which should mean it is enough if it concerns the life or
liberty. That need not be in imminent danger," he clarified in his order.
He was
adjudicating the case of one Amrika Bai who had filed an RTI application
seeking to know discrepancy in the payment of pension to her.
When she
could not get proper response, she approached the Commission questioning
non-payment of arrears of pension in a time-bound manner.
"The
arrears involved is only an increase of 4 per cent on the basic pension of Rs
1,986, which comes to Rs 80. Though it is a very small amount it matters most
for an old age appellant, who lost her husband and depends upon sons or
daughters," Acharyulu said.
(Copy of Order)
(Copy of Order)
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