Central Information Commission
Mr.Arun Kumar vs Ministry Of Railways on 15 June, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/000142
Heard through Video Conferencing.
Date of Hearing : June 15, 2012.
Date of Decision : June 15, 2012.
Parties:
Applicant
Shri Arun Kumar
331/13, Mohit Nagar
Dehradun - 248006
Uttarakhand.
Applicant was not present.
Respondent
North Central Railwlay
Divisional Railway Manager's Office
Allahabad Division
Allahabad.
Representative : Shri Sanjeev Kumar Sr.DPO/PIO
Shri V K Verma, DCM/Deemed PIO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/000142
ORDER
Background.
1. The Applicant filed RTI Application dated 22.7.11 with the PIO, M/o Railways, New Delhi which was subsequently transferred to N C Railway, Allahabad. The Applicant sought information with regard to the train accident involving the Hawrah - Kalka Mail on 10th July 2011 near Malwa station including the details of the number of bogies which were affected in the train accident, details of passengers who were traveling in the unreserved general compartments who lost their lives in the accident, details of the passengers in the reserved AC and Non AC bogies who lost their lives in the accident, details of the compensation that the railways have paid till today to the relatives of those who were killed in unreserved bogies etc all against seven points. The Applicant filed a complaint with the Commission on 7.10.11 stating that no information has been received from the DGM, N C Railway, Allahabad as intimated to him by the CPIO, M/o Railways. Thereafter the Commission received another letter dated 2.11.11 from the Applicant stating that after he had written to the Commission on 7.10.11 he had received a letter dated 17.10.11 from the PIO/North Central Railway Office, Allahabad enclosing some details about the accident and that he was informed that no details are available against point 2 and also that no details are available with the Public Authority about the compensation paid to those traveling in Un reserved bogies which was sought by him in point 5. The Applicant added that details about the pending claims which as sought against point 7 have also not been provided.
Decision.
2. During the hearing the points raised by the Appellant in his appeal were taken for discussion and decided as given below.
3. Points 2 & 3 : The Respondent during the hearing reiterated that they did not maintain any record of passengers who were traveling in the unreserved general compartment or Reserved AC and Non AC compartments who lost their lives in the train accident. He pointed out that Appellant has already been informed about the non availability of the information. Since there is no information available the same cannot be authorized for disclosure.
Point 5 : The Applicant sought in this point, the details of compensation that the Railways had paid till date to the relatives of those who were killed while traveling in unreserved bogies. In this case the Respondent explained that the Railways do not pay any compensation but only pay ex gratia amount to families of victims. In respect of this particular accident, according to the Respondents, ex gratia payment has been made to 58 affected people/families.
Point 7 : In this point, the Applicant sought the details of the claims of the victims of the train accident which are still pending with the Railways. The Respondent submitted that the ex gratia payment has been paid to some of the affected families and for various reasons some payments have yet to be paid mostly because the dead bodies could not be identified. The Respondent may provide these details to the Applicant by 25th July 2012.
4. The appeal is accordingly disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar
1. Shri Arun Kumar 331/13, Mohit Nagar Dehradun - 248006 Uttarakhand.
2. The Public Information Officer North Central Railwlay Divisional Railway Manager's Office Allahabad Division Allahabad.
3. The Appellate Authority North Central Railwlay Divisional Railway Manager's Office Allahabad Division Allahabad.
4. Officer In charge, NIC.
In case, the Commission's above directives have not been complied with by the Respondents, the Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTI Act, giving (1) copy of RTI application, (2) copy of PIO's reply, (3) copy of the decision of the first Appellant Authority, (4) copy of the Commission's decision, and (5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant may indicate what information has not been provided.