Central Information Commission
Shri Ashok Kumar Yadav vs Northern Railway, Lucknow on 18 July, 2008
Central Information Commission
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No.CIC/OK/A/2008/00153
Dated: 18 July 2008
Name of the Appellant : Shri Ashok Kumar Yadav
567/174, Anand Nagar
Barha Road, Lucknow
Name of the Public Authority : Northern Railway, Lucknow
Background:
Shri Ashok Kumar Yadav of Lucknow filed an RTI-application with the Public Information Officer, 11 July 2007, wherein he wanted to know details of his salary and allowances and asked for copies of his salary slips.
2. The PIO vide his letter dated 30 July 2007 replied to his RTI-application. Not satisfied with the reply of the PIO, the Appellant filed an appeal with the first Appellate Authority on 11 September 2007 and then approached the Central Information Commission with a Second Appeal on 11 December 2007.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the matter on 4 July 2008.
4. Shri Govind Prasad, Sr. DMM & PIO and Shri Johan Singh, APIO, represented the Respondents.
5. The Appellant, Shri Ashok Kumar Yadav, was present in person.
Decision:
6. In today's hearing, the Commission noticed that the Appellant had filed an RTI-application on 11 July 2007 to which he received a first response on 30 July 2007. Not finding the reply satisfactory, he filed the first appeal on 11 September 2007. According to the documents on record with the Commission, there was no action taken on this first appeal at all. The Commission, therefore, is concerned over the inaction of the first Appellate Authority, that is, the ADRM, Shri A.K. Dubey. He has not only neglected his responsibility but caused unnecessary mental harassment to the Appellant. Under the circumstances, the Commission remands this case back to the first Appellate Authority for necessary action. In case the Appellant files his reply unsatisfactory and another hearing has to be held by the Commission, the Appellant will be entitled to full to and fro fare from Lucknow in AC III and Rs.1,000/- for his stay in Delhi.
7. The Commission also awards to the Appellant a compensation of Rs.5,000/- for the unnecessary harassment at the delay in his case because of the inaction of the Appellate Authority. Ideally, the Commission would like the compensation to be paid by the Appellate Authority in his individual capacity. However, it leaves it to the Head of the Organization to decide whether it should come from the Appellate Authority or from the Organization itself. In any case, this compensation amount must be paid to the Appellant by 14 August 2008.
8. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal) Information Commissioner Authenticated true copy:
Sd/-
(G. Subramanian) Assistant Registrar Cc:
1. Shri Ashok Kumar Yadav, 567/174, Anand Nagar, Barha Road, Lucknow,
2. The Public Information Officer, Northern Railway, Divisional Railway Manager's Office, Lucknow Division, Hazaratganj, Lucknow
3. The Appellate Authority, Northern Railway, Divisional Railway Manager's Office, Lucknow Division, Hazaratganj, Lucknow
4. Shri A.K. Dubey, Chief Material Manager, North-Eastern Railway, Gorakhpur-273 012.
5. Officer Incharge, NIC
6. Press E Group, CIC