2021 Supreme(Online)(CIC) 11739
के(cid:3)(cid:4)ीयसूचनाआयोग Central Information Commission , बाबागंगनाथमाग(cid:19) मुिनरका
Baba Gangnath Marg, Munirka , New Delhi – 110067 नई(cid:21)द(cid:23)ली
/Second Appeal No. CIC/CBODT/A/2020/115184 ि(cid:26)तीयअपीलसं(cid:30)या
Mr. Gurbax Singh Kalra … /Appellant अपीलकता(cid:19) VERSUS बनाम CPIO … /Respondent (cid:31)ितवादी
O/o. the Zonal Accounts Office, CBDT, 3rd Floor, Grand Walk Mall, Ferozpur Road, Ludhiana, Punjab -
141012 Relevant dates emerging from the appeal:-
RTI : 04-11-2019 FA : 21-12-2019 SA : 28-05-2020 CPIO : 13-01-2020 FAO : Not on Record Hearing: 16-12-2021
O R D E R
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO)O/o. the Zonal Accounts Office, Ludhiana, Punjab.The appellant seeking informationis as under:-
i) Letter, if any, sent to your office by Administrative Officer-cum-
Drawing & Disbursing Officer-lV and or any other authority, seeking your opinion about the amount of reimbursement of medical claim submitted by applicant and decided by Hon'ble CAT, Chandigarh in their orders(supra)before passing for disbursement of same to the Applicant.
ii) Reply/letter if any sent by your office to A.O.-cum-D.D.O, IV and any,other authority as per para (i) above stating the amount of reimbursement of medicalclaim admissible to Applicant iii) Details of Medical Claims sent to you after passing by A.O-cum-
DDO-IV and or any competent authority and of details of deductions made out of medical claim of Rs.578173/- with letter No. & date, for approval and disbursements to applicant, iv) Evidence of sending Medical Claim Bills passed by you to the A.O cum-D.D.O.IV and or any other authority with dispatch No. & Date, showing approval of your office for disbursement. lfpassed less by your office, detailsof the same may be provided to the applicant?
v) Applicant seek permission of seeing the whole records and be apprised of the name of dealing assistant to whom, applicant may see during office hours with sufficient time and date, forthis purpose.
2. That the CPIO did not provide reply within stipulated time-period. Being dissatisfied with the same, the appellant has filed first appeal dated 21-12-2019 and requested that the information should be provided to him. No order of FAO is placed on records. That vide letter dated 13.01.2020, relevant reply has been provided to the appellant. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
Hearing:
3. The appellant attended the hearing through video-conferencing. The respondent, Shri Rajesh Dhankar, CPIO/ Zonal Account Officer attended the hearing through video-conferencing.
4. The respondent submitted their written submissions dated 10.12.2021 and the same has been taken on record.
5. The appellant reiterated the contents of his RTI Application and submitted that the desired information has not been provided to him by the respondent on his RTI application dated 04.11.2019. He contended that the instant RTI Application could have been transferred to the concerned DDO office. He further raised objection w.r.t information sought at point no. 2 of the RTI Application.
6. The respondent submitted that vide their letter dated 13.01.2020, they have provided relevant reply as per their available records to the appellant. That DDO only deducted the amount, however the same has not been done by their office. That the concerned DDO office does not come under their department.
Decision:
7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant has sought number of letters/documents seeking the opinion of the respondent about the amount of reimbursement of medical claim submitted by applicant and decided by Hon'ble CAT, Chandigarh in their orders (supra) before passing for disbursement of same to the Applicant and other related queries. That the appellant is contesting that the instant RTI Application could have been transferred to the concerned DDO Office by the respondent. That since the said DDO Office from where the amount of appellant’s mediclaim has been deducted is not under the control of the concerned public authority and the RTI Application can only be transferred within the department. That the department from where the information has been sought by the appellant and the department from where the amount of his mediclaim has been deducted are two separate pub