Central Information Commission
Rakesh Chawla vs Ministry Of Railways on 31 August, 2017
क यसच ू नाआयोग
CENTRAL INFORMATION COMMISSION
लब बि डंग (पो टऑ फसकेपास)
Club Building (Near Post Office)
ओ डजेनयक ू पस , नई!द ल -110067
Old JNU Campus, New Delhi-110067
Tel: +91-11-26182593/26182594
Email: [email protected]
File No.: CIC/VS/A/2015/000498-AB
In the matter of:
Rakesh Chawla
...Appellant
Vs.
General Manager/ PRS & CPIO
Centre for Railway Information Systems
Chanakyapuri, New Delhi-110021
&
CPIO & Dy CCM/DB,
IRCA Reservation
Complex, New Delhi-110055 ...Respondents
Dates
RTI application : 19.08.2014
CPIO reply : 04.09.2014, 11.09.2014,
30.10.2014, 04.11.2014
First Appeal : 25.11.2014
FAA Order : 09.01.2015
Second Appeal : 23.02.2015
Date of hearing : 26.12.2016, 20.01.2017, 16.08.2017
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Facts:
1. The appellant filed RTI application dated 19.8.2014 seeking information regarding change of boarding point.
2. The CPIO responded on 4.9.2014, 11.9.2014, 30.10.2014 and 4.11.2014. The appellant filed an appeal dated 25.11.2014 before the first appellate authority (FAA). The FAA responded on 9.1.2015. The appellant filed a second appeal to the Commission on 23.2.2015 requesting for information sought. Hearing:
3. The appellant participated in the hearing. The respondent did not participate in the hearing.
4. The appellant stated that he had confirmed e-Ticket for 3 tier A/C from New Delhi to Jammu for 13.6.2014 on train No. 12445, PNR No. 225760572booked on 14.4.2014 for three persons. The appellant further stated that on the day of journey when he reached the New Delhi station with his family, he found in the train chart the bookings were from Pathankot instead of New Delhi. The appellant stated that he approached IRCTC office from where he came to know that his boarding was still being shown as from New Delhi. The appellant said that IRCTC office told him to contact the ACM, from where he got no satisfactory response. The appellant stated that his family had to go through a very uncomfortable period during the whole day of the journey. The appellant further stated that he has been pursuing this issue with the Railway Minister and other High officials such as CCM, GM, CVO and through his RTI application 2 but no proper reply has been given to him about change of his boarding point. The appellant said that ticket refund of Rs.1595/ has been debited to his account through ECS instead of Rs.2135/-.
5. The appellant stated that penalty should be imposed on the respondent for not providing the information.
Discussion/Observations:
6. From the material available on record, it is observed that the appellant has filed his RTI application dated 19.8.2014 with the CPIO, Centre for Railway Information systems, New Delhi.
7. The General Manager/PRS, Centre for Railway Information Systems, New Delhi, vide letter dated 4.9.2014 had transferred RTI application u/s 6(3) of the RTI Act to CCM/PM, Northern Railway IRCA Reservation Complex, New Delhi.
8. The Dy. CCM/DB, IRCA Reservation Complex, New Delhi, vide letter dated 11.9.2014 had transferred RTI application u/s 6(3) of the RTI Act toSr.CM/FZR, Northern Railway.
9. The APIO/Divl. Comml. Manager, N.Rly. Firozpur, vide letter dated26.11.2014 had informed the Dy.CCM/DB, IRCA Reservation Complex, New Delhi that the original application of Shri Rakesh Chawla had not been received in the office and asked for the same so that information may be supplied to the applicant.
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10. The Dy.CCM/DB, IRCA Reservation Complex, New Delhi, vide letter dated 11.12.2014 informed the Sr.DCM/FZR, Northern Railway that RTI application of Shri Rakesh Chawla had been already forwarded and sent to him by registered post vide their office letter dated 11.9.2014 and 4.11.2014.However, copy of RTI application was sent.
11. The APIO/Divl. Comml. Manager, Northern Rly., Firozpur vide letter dated 9.2.2015 informed the appellant that boarding point of his journey ticket bearing PNR. No. 2257620572 was changed by booking operator of Defence PRS location, Ratnu Chak. Further, the matter had been taken up with concerned defence authorities, who failed to furnish any satisfactory reason for changing the booking point from New Delhi to Pathankot.
12. The booking operator of Defence PRS location, Ratnu Chak was responsible for change of boarding point of journey of the appellant.
13. Full amount of Rs.2135/- of the ticket was not reimbursed to the appellant.
14. It is observed that there is a delay of more than 5 months in replying to the appellant.
15. The CPIO/his representative did not participate in the hearing in spite of Commission's hearing notice.
16. The sought for information has been provided.
17. There appears to be a systemic error which has permitted Defence PRS, Ratna Chak, to tinker with the booking done by a passenger. The system needs to be modified so that it does not allow such a thing. The railways also to look 4 into the issue of refund of the full amount as also pay compensation to the passenger for hardship, when he was not at fault. Decision:
18. The Commission's intervention is not required in the matter.
19. The respondents is directed to show cause, within 30 days of this order, why action should not be taken against him for trying to deny information by not attending the hearing.
20. The CPIO, Divl. Comml. Manager, Northern Rly. Firozpur, CPIO, General Manager/PRS, Centre for Railway Information Systems, New Delhi, CPIO, Dy.CCM/DB, IRCA Reservation Complex, New Delhi are directed to show cause, within 30 days of this order, why action should not be taken against them for contravening the timelines prescribed in the RTI Act.
21. General Manager/PRS, Centre for Railway Information Systems, New Delhi is advised to look into the issues in para 17.
22. The CPIO, Divl. Comml. Manager, Northern Rly. Firozpur, CPIO, General Manager/PRS, Centre for Railway Information Systems, New Delhi, CPIO, Dy.CCM/DB, IRCA Reservation Complex, New Delhi are directed to personally present on 20.1.2017 at 10.30 A.M. before the Commission to explain the delays.
5 ADJUNCT ORDER DATED 20.1.2017 Hearing:
1. The respondent/General Manager/PRS, Centre for Railway Information Systems and respondent/CPIO/Dy. CCM/DB, IRCA Reservation Complex participated in the hearing personally.
2. The respondent/General Manager/PRS, Centre for Railway Information Systems stated that on 4.9.2014 they have transferred appellant's RTI application dated 19.8.2014 to CCM/PM, Northern Railway, IRCA Reservation Complex for providing requisite information to the applicant. The respondent further stated that there is no systemic error. The authority of changing boarding point of a ticket is given to supervisor/operator of a reservation office, as per the policy approved by Ministry of Railway.
3. The respondent/CPIO/Dy. CCM/DB, IRCA Reservation Complex stated that no delay has occurred on their account for submitting reply to the applicant. The respondent further stated that there was no intention not to attend the hearing on 26.12.2016. The absence is solely attributable to non-receipt of hearing notice.
The respondent said that no communication has been received by them from Divisional Office, Firozpur and Defence authorities regarding any action initiated against the erring booking operator. Discussion/Observation:
4. The respondent has to address two issues:-
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(a) Information on who changed the boarding station, with what authority this was done, action taken if an employee had changed the boarding station unauthorisedly;
(b) The RTI recording system should give target date as 30 days from the date of receipt of RTI application by Railways.
Order:
5. The respondent is directed to take action as per para 4 above.
6. The Dy. Registrar is directed to issue notice of hearing to respondent/ General Manager/PRS, Centre for Railway Information Systems and respondent/Dy. CCM/DB, IRCA Reservation Complex after 30 days.
Copy of this order be given free of cost to the parties.
(Radha Krishna Mathur) Chief Information Commissioner FINAL ORDER: 16.08.2017 Respondent : 1. Shri Jatin Kalyan Dy CCM/DB
2. Shri Sudhendu J. Sinha GM/WA
3. Shri Ashok Kumar SCM/HQ & APIO
4. Shri D.S Adhikari CRIS
5. Shri R.N. Mishra CRIS A letter dated 23.01.2017 was received from Shri Rajneesh Srivastava, APIO Cum Divl. Comml. Manager, Northern Railway, Firozpur in which he 7 submitted explanation on the showcause notice dated 26.12.2016 and reason for not attending the hearing dated 20.01.2017 as follows:
19. The respondents is directed to show cause, within 30 days of this order, why action should not be taken against him for trying to deny information by not attending the hearing.
" From perusal of relevant file it is found that no notice for attending the hearing appears to have been received in this office. Moreover, the concerned APIO of that period has since been transferred."
20. The CPIO, Divl. Comml. Manager, Northern Rly. Firozpur, CPIO, General Manager/PRS, Centre for Railway Information Systems, New Delhi, CPIO, Dy. CCM/DB, IRCA Reservation Complex, New Delhi are directed to show cause, within 30 days of this order, why action should not be taken against them for contravening the timelines prescribed in the RTI Act.
"(1) A letter was received from Dy CCM/DB IRCA Reservation complex New Delhi in this office on 14.11.2014 showing that application of Shri Rakesh Chawla was not received along with the letter of Dy. CCM/DB.
(2) This office had made a back reference to Dy. CCM/DB vide letter No. MC/35074/FZR-RTI-II(L) dated 26.11.2014 to send original application of Shri Rakesh Chawla so that correct information may be sent to applicant. (3)The application of Shri Rakesh Chawla was received from Dy CCM/DB New Delhi on 02.01.2015. On receipt of application, the concerned Commercial Inspector of that area was directed through urgent control message/ E-mail on 08.01.2015 to be present with detailed reply and explanation from concerned defense authority.
Besides this, the PRS defense Ratnu Chak was also written a letter on 12/1/15 but no reply was received.
(4) Another urgent control/ message was again issued to Commercial Inspector on 13.01.2015 to hand over said letter personally to PRS Defense Ratnu Chak and send detailed report and explanation from the defense authority. (5) The Commercial Inspector informed to this office vide his letter no. Misc/CMI/JAT/15 dated 14/1/15 that he went to ratnu Chak personally to deliver the said lettr dated 12/1/15 to PRS Defense authority Ratnu Chak but he was not allowed to meet Commandant.
8 (6) The commercial Inspector informed to this office on 23.01.2015 that he had handed over the letter to concerned Commandant on 19.01.2015 but no reply was received from defense authorities till 09.02.2015. Therefore the reply was accordingly sent to the applicant on 09.02.2015. It is therefore evident that there has not been any abnormal delay in sending reply to the appellant. The delay caused was entirely on account of defense authorities ratnu Chak."
22. The CPIO, Divl. Comml. Manager, Northern Rly. Firozpur, CPIO, General Manager/PRS, Centre for Railway Information Systems, New Delhi, CPIO, Dy. CCM/DB, IRCA Reservation Complex, New Delhi are directed to personally present on 20.1.2017 at 10.30 A.M. before the Commission to explain the delays.
"It is informed that letter No. CIC/VS/A/2015/000498 issued by your office has been received in receipt section of DRM office Firozpur on 20/1/17. Hence, it was not possible for the undersigned to attend the office of CIC on 20/1/17. During the hearing Shri Sudhendu J. Sinha GM/WA submitted that the booking location was changed by the booking operator of Defence. He further clarified that the Defence organisations operate reservation counter. He submitted the ID no. also of the booking agent who changed the boarding station. On perusal of record, it was established that Operator, Ratna Chak ID No PRMFMH has changed the boarding station.
Shri Sudhendu J. Sinha GM/WA further submitted that this is a non-railway head PRS i.e Defence location and not manned by railways. In the event of any error, the host (Defence) has to take any action.
9 The respondent submitted that the defence organisation had been informed vide letters dated 12.01.2015, 19.01.2015. However, Railway's was not informed of any action taken by Defence.
Shri Jatin Kalyan Dy CCM, submitted that observation regarding database in Para 4(b) of the adjunct order dated 20.01.2017 i.e (b) The RTI recording system should give target date as 30 days from the date of receipt of RTI application by Railways is noted for future compliance. In light of the above explanation, the showcause notices against the respondent PIO's are withdrawn with the observation that the Defence authorities had not provided any assistance to the Railway authorities in redressal of appellant's grievance.
The appellant is also advised that his grievance can be redressed by the Defence authorities only and he should approach them through proper channel. Further, as his present RTI application was related to a personal grievance, the Commission is not in a position to give direction to Defence authorities to take action against the booking agent as it is outside the purview of the RTI Act. However, the Commandant Ratnu Chak's unhelping attitude had stretched the issue unnecessarily long. An advisory is issued under Sec 25(5) of the RTI Act to the Army Commander, Western Command for information and to take corrective action to avoid such lapses in future. 10 The delay on the part of railways in providing reply was due to lack of coordination among different wings. Therefore, an advisory is also issued to Member (Staff), Railway Board u/s 25(5) of the RTI Act for ensuring better coordination among different railway organisations. The information regarding the Booking ID which changed the boarding station was provided as available on record with the railways. Hence, no further intervention of this Commission is required.
With the above observation, the appeal is disposed of. Copies of the order be provided to the parties free of cost.
[Amitava Bhattacharyya] Information Commissioner Authenticated true copy (A.K. Talapatra) Deputy Registrar Copy to:
Member (Staff) Railway Board 11