Central Information Commission
Sumit Mitra vs Comptroller & Auditor General on 22 November, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/CAGIN/A/2023/646988
Sumit Mitra ... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
O/o Comptroller and Auditor ... ितवादीगण/Respondents
General of India,
Bhubaneswar, Odisha
Relevant dates emerging from the appeal:
RTI : 09.07.2023 FA : 13.08.2023 SA : 02.10.2023
CPIO : 03.08.2023 FAO : 28.08.2023 Hearing : 13.11.2024
Date of Decision: 21.11.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 09.07.2023 seeking information on the following points:
(i) Have/Had the office of the DGA, East Coast Railway any knowledge that a massive fraud or scam happened in the office of DRM, Khurda road division, East Coast Railway, Jatni, Odisha, PIN-752050 in NPS matter during the financial period 2006-07 and 2007-08 (In the Fifth CPC). The NPS amount deducted from the salaries (In the Fifth CPC) of the employees but not credited to their respective NPS Account.Page 1 of 5
(ii) Audit report pertaining to the period 2006-07 and 2007-08. If any objection raised by the Audit team regarding the NPS matter in the office of DRM, Khurda road division, East Coast Railway, Jatni, Odisha, PIN-752050. Copy/Copies of the same be furnished.
(iii) Audit report pertaining to the period 2006-07 and 2007-08. If any objection raised by the Audit team regarding the money kept unused or unutilized money or excess money in the Suspense Account in the office of DRM, Khurda road division, East Coast Railway, Jatni, Odisha, PIN-752050. Copy/Copies of the same be furnished.
(iv) Name of the Officer with Designation and the office may be furnished, where complain can be raised for a re audit or a special audit regarding NPS matter for the period 2006-07 and 2007-08 in the office of DRM, Khurda road division, East Coast Railway, Jatni, Odisha, PIN-752050 can be done.
(v) Retention period for Salary Slips is for how many years. Necessary Copy may be furnished.
2. The CPIO replied vide letter dated 03.08.2023 and the same is reproduced as under:-
i. Under RTI Act, 2005, CPIO is required to furnish the information available on record and is not required to answer queries which are interrogatory in nature.
ii. No such objection was raised.
iii. No such objection was raised.
iv. The Comptroller and Auditor General of any officer so authorized shall give due
consideration to a request for special audit of a programme, project or organization within the audit jurisdiction provided that every such request: (a) is made with the approval of the Secretary to Government of the concerned department; (b) shall state the justification and reasons that necessitate a special audit, including the results of any preliminary inquiry, investigation or study that may have already been conducted; and (c) specify the period to be Page 2 of 5 covered in the special audit. (2) The decision of the Comptroller and Auditor General or any officer so authorized in regard to the special audit shall be final. v. Indian Railway follows record retention schedule prescribed by Ministry of Personnel, Public Grievances and Pension, Department of Administrative Reforms and Pensioners' Grievances, which is available in public domain (darpg.gov.in/sites/default/files/RRS_WC. pdf.) (google chrome) In terms of Sl No. 26 (page No.9) of it, the retention period is 3 years or one year after completion of audit, whichever is later. The undersigned, however, disclaims any responsibility for any further updation/revision in the retention period available through the aforesaid path
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 13.08.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 28.08.2023 stated that:
i. Under RTI Act, 2003, the 1st Appellate Authority is required to furnish the information available on record and is not required to answer queries which are interrogatory in nature.
ii. No audit objections on NPS matter pertaining to the period 2006-07 and 2007- 08 were issued from this office.
iii. No audit objections on NPS matter Pertaining to the period 2006-07 and 2007- 08 were issued from this office.
iv. Any request for special audit under Section 13 (1) and (2) of Chapter-2 of Regulation on Audit and Accounts (Amendment) 2020 applicable in all the offices of the Comptroller & Auditor General of India including this office as available in public-domain (https://cag.gov.in/uploadsmedia/Book- Regulations-Audit-Accounts-2020-20201014180051.pdf). As per the provisions, the Comptroller and Auditor General or any officer so authorized shall give due consideration to a request for special audit of a programme, project of organization within the audit jurisdiction provided that every such request: (a) is made with the approval of the Secretary to Government of the concerned Page 3 of 5 department; (b) shall state the justification and reasons that necessitate a special audit, including the results of any preliminary inquiry, investigation or study that may have already been conducted; and (c) specify the period to be covered in the special audit. (2) The decision of the Comptroller and Auditor General or any officer so authorized in regard to the special audit shall be final. v. It has been intimated to you vide this office letter dated 25.08.2023 that your RTI application has been transferred to Dy. General Manager & the CPIO/East Coast Railway, Bhubaneswar under section 6(3) of the RTI Act, 2005 with a request to furnish the desired information directly to you with supporting documents.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 02.10.2023.
5. The appellant and on behalf of the respondent Sharad Chandra Maharana, CPIO, attended the hearing through video conference.
6. The appellant inter alia submitted that the information sought on point nos. 1,2, 3 and 5 of the RTI application was not provided by the CPIO till date. He further submitted that he had sought information regarding massive fraud of National Pension Scheme (NPS) matter.
7. The respondent while defending their case inter alia submitted that the matter pertained to the O/o DRM, Khurda Road Division, East Coast Railways, Jatni, Odisha and the data sought was maintained by the Railway office concerned. He clarified that Comptroller and Auditor General of India (CAG) conduct audit of railways, and they maintain data pertaining to only the audit that is carried out. Hence, the information sought on the above-said points was not available with them.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act vide letter dated 03.08.2023. The Commission notes that the matter pertained to the O/o DRM, Khurda Page 4 of 5 Road Division, East Coast Railways, Jatni, Odisha and the data sought is maintained by the Railway office only. Therefore, the appellant is advised to file a fresh RTI application with the railways office concerned. In view of the above, the Commission finds no scope of intervention in the matter. Accordingly, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 21.11.2024 Authenticated true copy Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO O/o Comptroller and Auditor General of India, Rail Sadan, North Block, 3rd Floor Samant Vihar, Bhubaneswar, Odisha -751017
2. Sumit Mitra Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)