Shri Satyendra Singh the Applicant filed an RTI application dt.15.4.09 with the PIO, DoP, Sitamarhi. He stated that he was placed under deemed suspension with effect from 27.3.08 and had been ‘enlarged’ on bail by the High Court, Patna on 1.5.08 and that he is continuing under deemed suspension. He added that Shri Satya Narayan Mahto, Accountant surrendered in the CBI Court, Patna and was also placed under deemed suspension. He was also ‘enlarged’ on bail but is continuing as such. He further stated that the rate of subsistence allowance is fixed reckoning the pay stage of pre-revised scale. In this context, he requested for information against 5 points with regard to the rate of subsistence allowance paid to Shri Satya Narayan Mahto after implementation of the Sixth Pay Commission. On not receiving any reply, he filed an appeal dt.18.5.09 with the Appellate Authority. In his appeal he stated that he has not received recommendation of the review committee for extension of suspension for next 180 days after expiry of initial 90 days. He further added that the subsistence allowance initially sanctioned is subjected to a compulsory review after 90 days. Prolonged suspension has no reason directly attributable to him and that there appears to be no reason to deny benefit of enhancement of subsistence allowance to him from its due date. The Applicant averred that the first review is compulsory and that the second review either suo moto or on his request, is permissible. But on all these issues the SPOs has been non responsive. Being aggrieved at not receiving any information even from the First Appellate Authority, the Applicant filed a complaint dt.30.6.09 before CIC reiterating his request for the information. The CIC, vide its order dt.25.9.09 directed the PIO to provide information to the Complainant by 30.10.09 and to respond to the showcause notice issued by the Commission for the delay in furnishing information, by 5.11.09.
The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 13, 2009. Respondents were not present during the hearing. Efforts were made several times to contact the Complainant over his phone but the lines remained busy.
Decision
The Respondent in his explanation to the showcase notice, dt.3.11.09 stated that the Complainant vide his RTI application dt.15.4.09 had sought information against five points. As the matter was related to payment of subsistence allowance and quantum thereof, the matter was referred to Post Master, Sitamarhi vide letter dt.1.5.09. The Complainant then filed an appeal on 18.5.09. Keeping in view the urgency, the response to the appeal was furnished directly to the Post Master General (NR), Muzaffarpur vide letter dt.10.6.09 and the same compliance was also furnished to the Complainant by the Regional Office, Muzaffarpur on 10.7.09. The Commission, while taking note of the fact that the information has been provided, however, directs the Post Master, Sitamarhi, under Section 5(5) of the RTI act to showcause as to why information was not provided to the Complainant within the stipulated period as given in the RTI Act. The response to reach the Commission by 24 December, 2009
CIC Decision No CIC/AD/C/2009/000652 dated 13.11.2009
