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CIC awards compensation to RTI applicants for wrongful delay

In two rare verdicts, Central Information Commission has awarded compensation to applicants fighting for information on their provident fund and salary.

A senior citizen resident of Dhanbad, who had been seeking information from his employer Bharat Coking Coal Limited on deduction from his salary towards provident fund for two years, has been awarded a compensation of Rs 15,000. Another resident of Brahmpuri, who was employed as a teacher on contract by East Delhi Municipal Corporation, has been awarded a compensation of Rs 8,000 for being wrongfully denied information on his emoluments for three years.

RTI applicant B K Mukhopadhyay, who was working as senior technical inspector in Bharat Coking Coal Limited, had sought information about provident fund deductions from his salary between 1986 and 1991 after he came to know that his contribution had not been properly deposited. However, the organization did not give him any information. While arguing his case before the Commission, he said that his pensionary benefits were fixed at a lower rate as his deductions towards provident fund were not shown.

Ruling in favour of Mukhopadhyay, Information Commission Yashovardhan Azad directed the organization to provide information within a month and also awarded compensation. "It is a right of every employee to have his provident fund deductions correctly reflected in his account. However, no information was given to the appellant despite specific directions from the appellate authority... The Commission is of the view that the award of compensation is called for in this case since a person has suffered acute damage and loss due to denial of information by the concerned authorities. Hence, the Commission awards a compensation of Rs. 15,000 to be paid to the appellant for the loss and detriment suffered by him due to inept handling of the RTI application and denial of information. The amount will be paid to him by the head of the public authority, i.e. Chairman, BCCL as compensation under the RTI Act."

In a similar case, Manoj had been fighting for information about his salary that East Delhi Municipal Corporation had not paid between April 1 and May 10, 2013. According to the applicant, the bills were worth Rs 35,000 and had not been cleared by the department. The Commission took a stern view and ordered a compensation of Rs 8,000 to the applicant.

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