Central Information Commission
Mr.Dharam Pal vs Ministry Of Railways on 11 July, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/000646
Date of Hearing : July 11, 2012.
Date of Decision : July 11, 2012.
Parties:
Applicant
Shri Dharam Pal
S/o Shri Niranjan Singh Giroh
H.No. 796, Sector - 4, Hudda
Near Police Post
Rohtak - 124 001.
Applicant was not present.
Respondent(s)
Northern Railway
Divisional Railway Manager's Office
State Entry Road
New Delhi.
Representative : Shri Prakash, Sr.DMM
Shri N N Kalia, CDMS
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2012/000646
July 11, 2012.
ORDER
Background
1. The RTI Application dated 7.12.11 was filed by the Applicant with the PIO, DRM Office, Northern Railway, New Delhi seeking information with regard to the NIP dated 14.9.11 issued to him by DCM/SS. He wanted to know in particular whether an authority who had neither issued the charge sheet nor has addressed the defense submitted by him can take a decision. He also wanted to know when his suspension period will be decided as duty. The RTI Application was transferred by the Sr.Divl.Personnel Officer to the Commercial Manager, DRM office, New Delhi. The PIO/Sr.DCM replied on 18.1.12 informed the Applicant that specific information has not been sought by the Applicant. Hence it is not possible to provide the information. The Applicant then filed a complaint before the Commission on 30.1.12.
Decision
2. During the hearing the Respondent explained to the Commission that no information could be furnished at the initial stage since the Complainant had not informed the case number against which the order dated 14.9.11 was passed. The Respondent also pointed out that the Complainant, when he filed the complaint before the Commission, had simultaneously sent a copy of a complaint to the Sr.Divl. Commercial Manager providing the required specific details of the case . According to the Respondent, the complaint sent to the Sr. DCM was found to be different from that sent to the Commission. The Respondent further informed the Commission that based on the details sent by the Complainant along with the complaint to the Sr. DCM, the Complainant was informed on 30.1.12 that as per Railway rules, period of suspension from 23.5.11 to 3.6.11 is treated as duty. It is however noted by the Commission that in the complaint filed with the Commission the Complainant had complained about the incorrect information provided to him by the Sr.DCM vide his letter dated 18.1.12.
3. The Commission noted that in the instant case, the Complainant has approached the Commission directly without availing the first Appellate Authority Channel. Hence the Commission remands the case back to the First Appellate Authority with the direction that he treat the complaint as a first appeal and issue a speaking order after hearing the Complainant, as per provisions of law. This exercise may be completed within 20 days of receipt of the Commission's order.
4. The complaint is disposed off with the above direction.
(Annapurna Dixit) Information Commissioner Authenticated true copy (Tarun Kumar) Additional Registrar.
1. Shri Dharam Pal S/o Shri Niranjan Singh Giroh H.No. 796, Sector - 4, Hudda Near Police Post Rohtak - 124 001.
2. The Public Information Officer Northern Railway Divisional Railway Manager's Office State Entry Road New Delhi.
3. The Appellate Authority [Along with a copy of the complaint] Northern Railway Divisional Railway Manager's Office State Entry Road New Delhi.
4. Officer In charge, NIC.