Central Information Commission
Mr. Ashish Kumar Paul vs Eastern Railway, Asansol on 15 March, 2010
Central Information Commission
CIC/AD/A/2010/001609
Dated 15th March, 2010
Name of the Applicant : MR. ASHISH KUMAR PAUL
Name of the Public Authority : EASTERN RAILWAY, ASANSOL
Background
1. The Applicant filed his RTI request dated nil with the PIO, Eastern Railway, Asansol Division stating that on 10.3.09 he wanted to travel from Tata to Asansol by train No.8181 and he tried to buy the tickets for the train he could not do so because of the crowd. The police stopped the people from crowding around the ticket booth and in the process there was a lathi charge. The TTE present n the there, however advised him to board the train with the assurance that settlement of ticket charges would be done at Asansol when he gets down. The Applicant stated that he boarded the train with just a passenger ticket and when he reached Asansol he was stopped at the gate by the TTE present there and asked why he was traveling without a ticket. No one had made any attempt to listen to him and he was threatened that he would be arrested and at the same time his luggage was confiscated. He had also paid Rs.301/- to cover both the penalty and fare . According to the Appellant it was only on the intervention of two of his friends that he could get away and he complained that his luggae still remains consfiscated by the Railway Police. In this connection the Applicant sought information against 7 points including the names, designation, appointment of TTE etc. the PIO provided information on 16.04.09 stating that the case is being forwarded to PIO/S E Rly, Adra for remarks. He also informed the Applicant that if any ticket checking staff finds a passenger with improper / without ticket, he has no other alternative but to regularize the passenger by realizing the fare as well as imposing penalty, whatever may be the cause of irregularities. He added that duty bound ticket checking staff are bound by some Railway rules and regulations. Not satisfied with the reply, the Applicant filed his First Appeal on 23.04.09 reiterating his request for the information. The PIO/S E Railway, Adra on 29.04.09 informed the Applicant that no list of passengers is available for unreserved coaches. There were no victims and no fake charges. Hence no such information is available with Sr.DCM/ADA office. Also there is no such post of either train contractor or AC contractor. Hence no such information can be provided and also that no proof has been supplied by the Appellant to understand or give reason as to why TTE of 8181 has demanded any higher fare or bribe amount.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing for 15th March, 2010 through video conferencing.
3. Mr.S.K. Ganguli, Asst. Comm. Mgr. Ticket Checking cum PIO was present at NIC studio, Purulia and Mr.G.C. Ray, Sr.DCM cum PIO represented the Public Authority during the hearing.
4. The Appellant was present at NIC studio, Purulia.
Decision
5. The Respondent submitted that the Appellant was not threatened but detained for 10 to 15 minutes and not for an hour as contended by the Appellant. Also there is no record of any luggage having been confiscated. The Appellant insisted on information on the action taken on his complaint. The Commission on perusal of the information provided directs the PIO under Section 18(2) of the RTI Act, 2005 to initiate an enquiry into the matter by a Committee consisting of at least 2 senior officials and to fix responsibility in this case, if the allegations of bribe and corruption made by the Appellant are found to be true and to take disciplinary action against the official. The enquiry report with action taken may be furnished to the appellant with a copy to the Commission by end April, 2010.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Deputy Registrar Cc:
1. Mr. Ashish Kumar Paul S/o Mr.R.D. Paul B-106, 2nd Floor Pandav Nagar Delhi.
2. The PIO Eastern Railway O/o the Sr. Divisional Commercial Manager Asonsal Division Asansol
3. The Appellate Authority Eastern Railway O/o the Sr. Divisional Commercial Manager Asonsal Division Asansol
4. The PIO South Eastern Railway Divisional Commercial Manager's Office Adra Division Adra
4. Officer in charge, NIC
5. Press E Group, CIC