MR LAXMI NARAYAN PADHI, PRESIDENT…         The facts in brief as per complaint is that, her husband Dayapatro Suna was working as attendant under the OP.1 and retired from service in the year 2001 & expired on 10.01.2007. She had applied under RTI Act to OP.1 for payment of obsequies amount, GIS accumulation, GIS pass book, and unutilized leave salary in respect of his late husband on dt.192.15 but the OP.1 did not supply any information in this regard. Again in 30.3.15 she applied under RTI Act to the OP.3 for issuance of GIS pass book, but it too turned futile, hence claiming such inaction of OP.s being deficiency in service for which she had to suffer financial hardship, the complainant has prayed the forum, to direct the OP.s to issue GIS pass book, along with GIS amount leave (unutilized) salary, obsequies amount and compensation of Rs.50,000/- & Rs.20,000/- as cost.       

2.         The complainant has filed copies of application under RTI Act addressed to the OP.1 & 3 postal receipts & other correspondences with OP.s on the subject matter of complaint. Considered.

3.         The C.D.V.O., Nabarangpur i.e. OP.1 appeared on dt.11.1.16, contending that, the complainant is not entitled for obsequies performance amount and one time GIS amount of Rs.1500/- as per Lr no.31552 / FD dt.9.12.15 of Finance deptt, and GIS amount would be paid only of GIS passbook & number is provided by the complainant. Earlier GIS was managed by LIC, Bhubaneswar, but w.e.f. 1.4.94 Finance Deptt is now managing the affair of GIS. The finance deptt in the meanwhile has taken too many measures simplifying the disbursement of GIS amount, empowering DDOs to disburse the amount.

4.         The OP.3 Under Secretary to Finance department, submitted counter reply on dt.10.12.15 vide his Lr no.31627 dt.10.12.15 contending that as regards to the information sought by the complainant, there was information insufficient hence application dt.30.3.15 was rejected vide his lr.no. 12598 dt.23.4.15 and she was ineligible to get obsequies performance amount and as regards to GIS refund, the DDO is competent to disburse the same as per para 2(iii) of F.D. Resolution No.21187 (F) dt.28.4.1976 and the CDVO, Nabarangpur has been already directed to make the payment.

5.         From the letter No.480 dt.94.15 of OP.1 addressed to OP.2, it is evident that, the deceased employee entered into service under him on dt.11.12.64. from the information provided in the RTI form addressed to OP.3, the deceased got retired on dt.30.6.2001. as from the death certificate, the date of death is entered to be on 10.1.2007. Hence being death occurred almost 6 years after the retirement, as per rules, the complainant is not eligible for obsequies performance amount, as contended by OP.1 & 3, is correct.

6.         The OP.s has hence deliberately escapes from disclosing the GIS particulars of the deceased employee, though admittedly, the deceased was employed under them till 2001. The deceased and the present complainant, the wife and the heir in interest of the deceased employee, are illiterate and schedule tribes by caste, hardly understood any official system, leave alone it's technical languages. The post of the initial burden that, the GIS amount of the deceased has not been paid , and the passbook has not been provided to the deceased employee, implications of Sec.101 & 102 of Evidence act is displaced that the responsibility of providing all the information's regarding the GIS passbook and payment of unutilized leave salary is vested upon the OP.1 & 3 U/s 106 of evidence act is invoiced, and the failure of discharging the obligation as such which we especially within their knowledge & records, nothing but deficiency in service, which requires proper compensation where hearing and disposal of the grievance of common man is guaranteed in  welfare state, with all reasonable cautions which are preemptive to any arbitrariness and denials of administrative fairness, but booking the interest and right of common subject cannot be amenable in any of the state and the deficient officers cannot protect themselves with their authoritative shield.

7.         Now as regards to GIS amount refundable, the GIS passbook being not in possession of the complainant, the OP.s should have provided the details thereof and duplicate passbook could have been provided. But the OP.s, though in a position, capable of providing the same, has been avoiding till now irrespective of numerous correspondences from complainant, is evidently unheeded, and RTI applications were rejected on one plea or the other, which is nothing but gross misuse of power and action in arbitrary by the OP.s.

8.         Hence, the OP.1 & 3 are found guilty of arbitrariness in redressing the grievances of the complainant, in disbursing the GIS particulars including the amount payable, and as thus, the complaint is allowed.

                                                            ORDER

i.          The OP.1 & 3 are hereby directed to take immediate endeavors to provide a duplicate GIS pass book to the complainant within 15 days hence receipt of this order, so as to enable her to apply with all details for disbursement of the GIS amount to the OP.1.

ii.         In the event of such application with GIS particulars made by the complainant to the OP.1, the OP.1 shall disburse the amount within 30 days of receipt of the application, without prejudice.

iii.        The OP.1 is further directed to pay a compensation of Rs.3,000/- (Rupees Three Thousand) and a cost of Rs.2,000/- (Rupees Two Thousand) to the complainant, within 30 days of receipt of this order.

iv.        Non compliance of the above orders, shall leave the complainant at liberty to proceed for enforcement of the order U/s 27 & 25 of C.P.Act-1986.

                    Sd/-                                                               Sd/- 

               MEMBER                                          PRESIDENT, DCDRF,

                                                                              NABARANGPUR.