Central Information Commission
Sandeep Mehta vs Northern Railway on 3 August, 2021
CIC/NRAIL/A/2019/645466
के य सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मु नरका
Baba Gangnath Marg, Munirka
नई द ल , New Delhi - 110067
वतीय अपील सं या/ Second Appeal No. CIC/NRAIL/A/2019/645466
In the matter of:
Sandeep Mehta ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... तवाद गण /Respondent
/Sr. DPO, Northern Railway,
Office of The Divisional Railway
Manager, Moradabad Division,
Moradabad (U.P)
Relevant dates emerging from the appeal:
RTI Application filed on : 22.04.2019
CPIO replied on : 29.05.2019
First Appeal filed on : 26.05.2019
First Appellate Authority order : 03.07.2019
Second Appeal Received on : 06.07.2019
Date of Hearing : 22.07.2021
The following were present:
Appellant: Absent (despite being served the hearing notice).
Respondent: Shri Sandeep Saxena, APO participated in the hearing upon being
contacted on his telephone.
ORDER
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CIC/NRAIL/A/2019/645466 Information sought:
The Appellant filed an RTI Application dated 22.04.2019 seeking information on the following six points:
1) "Attested copy of the salary bill for the salary of October 2015 A entry in the salary slip of October 2015 is marked as CTG and a sum of Rs 4152 has been marked against this entry. Please give attested information on this entry CTG and how the corresponding figure has been calculated.
2) A entry in salary slip of January 2018 against HRA for 37056 has been made Please provide attested information on how this figure of 37056 has been calculated.
3) A entry of 8352 has been made against HRA in salary slip of February 2019. Please provide attested information on how this figure has been calculated.
4) A entry of 14800 has been made in salary of February,2018 against contingency allowance for reimbursement of conveyance.
5) Please provide attested information on how this figure has been calculated Please give attested information on amount of CTG paid on carrying out transfer to luksar in July, 2017 and how the amount was calculated. Please provide relevant circulars on CTG payments.
In the enclosed attachment issued by APO bills Moradabad on 20.4.2019, CTG difference on promotion from JAG to NFSG has been denied as per rules. Please provide relevant copy of those rules against which CTG difference on promotion has been denied.
6) In the enclosed attachment issued by APO bills Moradabad on 20.4.2019, the month wise amount of basic pay and corresponding NPA are not comprehensible from 01.07.2015 to 30.06.2017.
The attested bills supplied are also not comprehensible in this regard. Please provide attested information month wise on the amount of NPA paid with corresponding month wise corresponding basic pay, and how this amount of NPA reached from 01.07.2015 to 30.06.2017."
The CPIO vide letter dated 29.05.2019, informed the Appellant as under:
Page 2 of 5CIC/NRAIL/A/2019/645466 "मांगी गयी सूचना अ टूबर 2015 क Regular Salary एवं CTG से संब धत है इस संबंध म आपको सूचना के साथ अ टूबर 2015 क Regular Salary क त भेजी जा रह है |"
Being dissatisfied, the Appellant filed a First Appeal dated 26.05.2019. The First Appellate Authority vide order dated 03.07.2019, informed as under:
"उपरो त स दभ म मांगी गयी सूचना एन. पी. ए. ए रयर सीट जी ए रयर एच. आर. ए. ए रयर से स बि धत है इस स बनध मे आपको सूचना द जाती है क एन. पी. ए. ए रयर रा श 0 46116/- एच. आर. ए. ए रयर रा श 0 1632 जून 19 के नय मत वेतन म भूगतान करा दया गया है सी ट जी ए रयर का भुगतान दे य नह है सूचना के साथ है एन. पी. ए. ए रयर वल क एवम सी ट जी के नयम क त भेजी जा रह है ।"
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Appellant did not participate despite being served the hearing notice.
The Respondent submitted that due to misconstrued facts and circumstances, relevant information as sought in the instant RTI Application could not be provided to the Appellant while replying to the instant RTI Application. However, after receiving the hearing notice from the Commission, available and relevant information has been provided to the Appellant through registered post on 16.07.2021.Page 3 of 5
CIC/NRAIL/A/2019/645466 A written submission has been received by the Commission from Shri Sandeep Saxena, Asst. Personnel Officer, Northern Railway, Moradabad vide letter dated 16.07.2021, wherein he has stated as under:
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that adequate reply has been provided by the Respondent after receiving the hearing notice from the Commission. However, the Commission cautions the Respondent public authority to be careful in future and warns them to strictly adhere to the specific time-frame as specified therein, while dealing with matters pertaining to the RTI Act. With the above observations, the instant Second Appeal is disposed of.Page 4 of 5
CIC/NRAIL/A/2019/645466 Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अ मता पांडव)
Information Commissioner (सूचना आयु त)
दनांक / Date: 03.08.2021
Authenticated true copy
(अ भ मा णत स या पत त)
B. S. Kasana (बी. एस. कसाना)
Dy. Registrar (उप-पंजीयक)
011-26105027
Addresses of the parties:
1. The First Appellate Authority (FAA)
ADRM, Northern Railway,
Office of The Divisional Railway Manager,
Moradabad Division, Moradabad (U.P)
2. The Central Public Information Officer,
/Sr. DPO, Northern Railway, Office of The
Divisional Railway Manager,
Moradabad Division, Moradabad (U.P)
3. Shri Sandeep Mehta
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