The Tamil Nadu Information Commission has directed the Employees Provident Fund Organisation to pay a compensation of ₹5,000 to a pensioner after its Public Information Officer failed to appear for a hearing.
The hearing was necessitated by an appeal filed by V. Nandagopal of Ambur in Vellore district stating that he received no reply to his petition seeking details of pension updates from the PIO, Vellore. He wanted to know the increase in pension on the basis of the dearness allowance (DA) revision over the years.
With no reply forthcoming from the PIO and the first appellate authority, Mr. Nandagopal moved the Tamil Nadu Information Commission requesting its intervention and direction to the public authority in getting replies to 13 questions relating to his pension raised by him. When the Commission summoned the petitioner and the PIO for an enquiry, the latter failed to turn up on the designated date despite receiving a copy of the summons.
Compulsory attendance
State Information Commissioner S.T. Tamilkumar noted that the appearance of the PIO was compulsory as per the provisions of the Tamil Nadu Information Commission (Appeal Procedure) Rules 2012.
In the event of the PIO not being able to appear for the enquiry, the Commission should be intimated in writing, explaining the reasons for the same and a suitable officer must be deputed on his/her behalf.
Bringing on record the non-appearance of the PIO, Mr. Tamilkumar ordered that the petitioner, who was present for the enquiry, be given a compensation of ₹5,000 under Section 19(8)(b) of the Act.
In this case, the PIO neither intimated the Commission regarding his absence nor deputed an equally competent official to represent the organisation.
Directing the PIO to explain why departmental action should not be recommended against him for not complying with the rules of the Act, the State Information Commissioner said the public authority should compulsorily be present at the next hearing on a date that would be intimated later.
