Mr.S.S.Upadhyaya v. Itdc

CIC/AD/A/09/00393 Dated April 28, 2009 Name of the Applicant : Mr.S.S.Upadhyaya Name of the Public Authority : ITDC Background

1. The Applicant filed an RTI application dt.26.11.08 with the CPIO, ITDC. He requested for the following information:

i) He stated that he is the signatory of ITDC Employee Welfare cum performance incentive scheme effecting from 1.4.97 where there is a provision under section 5(1) that total fund so operated shall be allocated to each centre in proportionate to the no. of employee at the close of financial year which shall be utilized exclusively other bonafide activity. He wanted to know how much unit wise amount was credited by HQ for the welfare activities. ii) He also wanted the units to supply the detail of expenditures occurred financial year wise on account of welfare activities from the financial year 1.4.97 to 31.3.08. iii) He wanted to know how much amount has been paid to the retiring employees for financial year 2007-2008 on account of post retirement medical scheme, name of the employee with designation and amount paid to them and how many bills are pending with management on the day of the 20th July 2001 when the scheme was deferred. On not receiving any reply, he filed an appeal dt.2.2.09 with the Appellate Authority. The CPIO vide letter dt.16.2.09 to the Appellate Authority with a copy to the applicant provided the following information

i) No such amount was debited by HQ for the welfare activities. ii) Contents are in the nature of direction/questionnaire to CPIO iii) Records for the payments, if any, on account of post retirement medical scheme referred by the Applicant is maintained at the respective unit and is not available with the CPIO in the material form and in the shape in which the Applicant has desired.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 28, 2009.

3. Mr. A.K. Jain, GM(F&A) & CPIO and Mr. Karunesah Tandon, A.R. represented the Public Authority.

4. The Applicant Mr. S.S. Upadhyaya was present in person at the hearing. Decision

5. The Respondent submitted that With regard to point (i) the information for the first

3 years is not available since records are not traceable and information for the remaining years has been dispatched on 27/4/09. With regard to points No. (ii) &

(iii), he added that the information is available with different units and that it would be time consuming and difficult to collect. He stated that each unit has a separate CPIO and the information can be collected from them. After hearing the submission of both parties, the Commission directs the CPIO to transfer the RTI application to different units for information against points (ii) and

(iii) within 10 days of date of issue of this Order with a request to provide required information directly to the Appellant within 15 days of receipt of the request. The Commission also directs the CPIO to show cause why the request was not transferred to different units within 5 days of receipt of the RTI request as stipulated in the RTI act.

6. The appeal is disposed off. (Annapurna Dixit) Information Commissioner Authenticated true copy: (G.Subramanian) Asst. Registrar

1. Mr.S.S.Upadhyaya President Ashok Hotel Mazdoor Janta Union (Affiliated to HMS) Ashok Hotel

2. Dr.T.Venkateseshaiah The CPIO & General Manager (F&A) India Tourism Development Corporation Ltd Scope Complex, Core 8, 6th Floor

7 Lodhi road, New Delhi 110 003

3. Mr.P.P.Singh The Appellate Authority & Director (Finance) India Tourism Development Corporation Ltd D(C&M) Office, 6th Floor Scope Complex Core-8, Lodhi Road New Delhi 110 003

4. Officer in charge, NIC

5. Press E Group, CIC