Central Information Commission
Mariyappa J vs Ministry Of Railways on 11 March, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MORLY/A/2024/123975
Mariyappa J .....अपीलकता/Appellant
VERSUS
बनाम
C.P.I.O,
Railway Board
Rail Bhawan, Raisina Marg,
New Delhi - 110 001 .... ितवादी/Respondent
Date of Hearing : 10-03-2026
Date of Decision : 11-03-2026
INFORMATION COMMISSIONER : Swagat Das
Relevant facts emerging from appeal:
RTI application filed on : 18-12-2023
CPIO replied on : 12-01-2024
First appeal filed on : 17-02-2024
First Appellate Authority's order : 10-04-2024
2nd Appeal/Complaint dated : 18-07-2024
Information sought:
1. The Appellant filed an RTI application dated 18-12-2023 seeking the following information:
"1. Is railways workers, employees, staff and officers are have the right to or permit to travel in trains railways to travel daily regularly occasionally or frequently for personal purpose or on personal reasons.
The specificness of this query is as follows:
A. Railways or Railways means: the inaction railways under the government of India.
B. Train and trains means the trains operated by the Indian railways in routes involving intra and interstate and inter and CIC/MORLY/A/2024/123975 Page 1 of 8 intra divisions on Indian land and on international routes. (But not the goods train.) C. Railways workers, employees, staff and officers means: Recruited, appointed to the posts and designations. By the Indian railways or by the Govt. And employed them in the different branches or stations such as rail stations, railway workshops, railway factories making coach, engine, wheels and other items and also in the sections of Technical, Electrical, Tele-communications, information technology, mechanical engineering, civil engineering, health services, hospitals, railway protection force, railway board office or secretariat, railway court, catering and the others working for railways and to say everyone person salaried by the Indian railways that is from the least level job to top most high rank job holders or in other words from proletariat to secretariat or from poor to posh jobs.
D. Travel means is the above described railway personnel and these commute in all types or class of trains like passenger express, superfast, jan shatabdi, shatabdi, air conditioned and in any coaches like from general ordinary to chair car, sleeper coach trains with no ticket and or with no permission for free of cost travel as unpaid passenger.
E. Personal purpose, personal reasons means: First: Travel aimlessly for leisure and pleasure. Second: To visit friends and relatives, hometown, place of interest. Third: Travel regularly between residence to place of work and return to residence.
2. Persons commuting as unpaid passengers and persons travelling less lets in Indian railways: Are they are qualified for compensation in case if they are affiliated by railway residents or terrorism attack or by any affray. Compensation means: compensation by the Indian railways.
3. Are the family members of the railway personnel and the officers: have the right and permit to commute in trains at free of cost.
4. Definition of headquarters under the Indian railways service rules applicable to the railway personnel, officers, perimeter, Rd fixed according to service rules to each of railway establishment like railway station, factory, office Etc. Means: The radius with in which the personnel and the officer to stay and reside and is the office head or the jurisdictional officer are regularly ascertaining as to about the existence CIC/MORLY/A/2024/123975 Page 2 of 8 of the place of the residence of his/her subordinates. Falling within the radius of the headquarters.
5. Who are those public members are eligible for: free of cost travel in trains the class of trains and coach and route in which such beneficiaries can travel.
6. Is the retired railway workers employees officers and their family members have the right or permit to use railway travel at free of cost.
7. Who are banned from to travel in railways trains.
8. Is any class of peoples group of peoples or regional peoples who are prohibited from to travel in any partial on particular portions. Portions of Indian railway network is so name of such peoples and portion or region.
9. Are the foreigners on tour or residing in India can freely travel in trains throughout the railway network or their journey is subject to conditions and restrictions details of such regulations. And also the details of procedure followed to check their belongings baggage's while boarding and de boarding train and passenger in or out at the Indian Border on travel.
10. Regarding second class or general coaching compartments: For purpose of this query no. 10: Train means: A passenger class train and also "A" train of above the grade of passenger class consisting second class general coaches coach/compartment means second class general coach ticket means tickets of second class. Ticket issues to means: Ticket issues to passengers per coach or compartment.
The approved seating capacity. The arranged seating capacity. The standing capacity. The approved overload of /excess of passengers the allowed over load/excess of passengers per train of above description per train or for a train maximum no. of tickets issuable at first or originating station to each of the next stations upto different intermediate stations and to the end destination. For the same train the maximum no. of tickets issuable by the subsequent stations towards the next different onward stations till the end trains journey. For purpose of this stations means the railway stations on the course fo the line of the journey of 'A' train of above type. No. of maximum tickets issuable by the railway counters operating at different part of the city for 'A' train as mentioned above maximum no. of tickets CIC/MORLY/A/2024/123975 Page 3 of 8 issuable by the railway stations which are not on the course of the line of the journey of 'A' train as mentioned above.
Maximum no. of tickets issuable by the authorized agencies for the said 'A' train or for 'A' train as described above. Maximum second class tickets available on online per train or for 'A' train as above.
And tickets to whom and when can be refused by ticket issuer. Permitted maximum no. of passenger's person's crowd per coach in the interest of the safe and comfort for passengers while the train is on motion or in stationary."
2. The CPIO furnished a reply to the Appellant on 12-01-2024 stating as under:
"10. Since unreserved tickets are not train specific, it is not feasible to put any limit on it linking it with the carrying capacity of the train."
3. The Appellant filed a First Appeal dated 17-02-2024. The F.A.A in its order dated 10-04-2024 stating as under:
"The Appellant has preferred the above cited Appeal stating that replies furnished by CPIOs of Establishment (Welfare) and Traffic (General)-I Branches are neither proper nor particular.
2. The Appeal has been given due consideration.
3. The undersigned is First Appellate Authority (FAA) only to CPIO of Establishment (Welfare) i.e. CPIO-53. It has been observed that vide Item Nos. l(part),3,5,6 &9 of RTI application dated 22.12.2023, the Appellant had sought information regarding travel facility to serving/retired railway employees & their family members, Public Members & Foreigners. In response, CPIO-53, vide reply dated 18.01.2024 had furnished the link of the public domain where the Railway Servants (Pass) Rules, 1986 (Second Edition -1993) and Rules & Instructions on Complimentary Passes stand uploaded in compliance of provisions of RTI Act - 2445. CPIO-53 had also intimated that if certified photocopies are required, cost of Rs. 416 (Rupees Four Hundred Sixteen only) @Rs 2/- per page (Total 208 Pages) of photocopy may be remitted. Instead of remitting the cost, the Appellant preferred the Appeal. Since the cost has not been remitted by the Appellant and that the information is also available in public domain for perusal/download/print by the Appellant, no further action is called for at this end.CIC/MORLY/A/2024/123975 Page 4 of 8
4. This disposes of part of the Appeal dated 19.03.2024 preferred against CPIO-53's reply dated 18.01.2024 in compliance with Sub-section (6) of Section 19 under Chapter V of RTI Act - 2005. As far as part of Appeal preferred against TG-I's reply dated 12.01.2024, a copy of the Appeal has been forwarded to concerned FAA by RTI Cell of Railway Board."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Shri Dipak Kumar Biswas, Joint Director & Nodal CPIO, Shri Sandeep Kumar, Inspector, Ms. Rashmi Dahiya, DD & CPIO, Shri A S Bhavani, DD/TC and Sneha, JD, all present in person.
5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 18.07.2024 is not available on record. Respondent confirms non-service.
6. Written submissions of the Respondents are taken on record.
7. The Respondents, during the hearing, apprised the Commission that complete point-wise reply/information, as per the documents available on record has been provided to the Appellant vide letters dated 12.01.2024, 16.01.2024, 18.01.2024, 10.04.2024 and 27.02.2026. Respondents further submitted that the Appellant has not deposited photocopy charges as asked by them in their replies. Letters as mentioned herein are reproduced hereinbelow:
Letter dated 18.01.2024:
"With reference to Item numbers 1(part), 3, 5, 6 and 9(part) of your RTI application dated 22.12.2023, regarding pass facility, it may be noted that in compliance with the provisions of RTI Act-2005, complete information on Railway Passes including Railway Servants (Pass) Rules 1986 (Second Edition-1993) and administrative instructions/ clarifications issued from time to time already stand uploaded in the public domain and can be accessed/downloaded/printed through the following links:-CIC/MORLY/A/2024/123975 Page 5 of 8
www.indianrailways.gov.in/ Ministry of Railways/ Railway Board/About Indian Railways/Railway Board Directorates/ Establishment/Establishment Welfare Circulars/ Pass Rules (Second Edition-1993) OR Pass Rules Circulars OR Complimentary Passes.
2. However, if copies of aforesaid Pass Rules and various instructions/clarifications are required, it is stated that the same involve photocopying of 208 pages. You are, therefore, requested to remit the cost of 416 (Four Hundred and Sixteen Rupee only) i.e. @2 per page of photocopy to facilitate supply of the same, under Sub-Section 3 of Section 7 of RTI Act, 2005. The charges may be remitted through Demand Draft/Bankers Cheque/Indian Portal Order/Online in favour of "Pay and Accounts Officer, Railway Board, New Delhi". Alternatively, with prior appointment, you may visit this office and inspect the files and decide on the specific documents required by you and pay the cost in the prescribed form, accordingly."
Letter dated 12.01.2024:
"10. Since unreserved tickets are not train specific, it is not feasible to put any limit on it linking it with the carrying capacity of the train"
Letter dated 16.01.2024:
"on point No. 2: In this regard it is stated that Railway administration is liable to pay compensation in train accidents and untoward incidents as defined in Section 124/124A of the Railway Act, 1989 for death/injury of railway passengers only. (Enclosed as Annexure A)"
Letter dated 27.02.2026:
"(4): The matter has been elaborated in Rule-234 of Indian Railway Establishment Code (Vol-l) which is available in Public domain on the following links:-
https://indianrailways.gov.in/railwayboard/uploads/directorate/establis hm ent/estbl-vol1-chap2-p24-p44.jsp However, a copy of rule- 234 is enclosed for ready reference as Annexure-VI.
(7) & (8): The information sought is not specific, vauge & hypothetical in nature. No such instructions/guidelines for banning of passengers appear to have been issued. However, passengers are not permitted/allowed to CIC/MORLY/A/2024/123975 Page 6 of 8 carry certain flammable, explosive, and dangerous items while travelling in trains".
Decision:
8. The Commission has carefully considered the records of the case and the submissions made by the Respondents during the hearing.
9. At the outset, the Commission notes that the RTI application dated 18.12.2023 contains as many as ten elaborate queries. The information sought pertains to various aspects of railway travel facilities such as travel entitlement of railway employees and their family members, compensation in case of accidents, eligibility of public members for free travel, rules relating to headquarters of railway personnel, eligibility of retired employees, restrictions on passengers, provisions regarding foreigners travelling in trains, and operational aspects relating to second class/general coaches and issuance of unreserved tickets.
10. The matter was heard at length, and the Commission discussed the queries point-by-point with the Respondents present during the hearing.
The Respondents submitted that information available on record has already been furnished to the Appellant through multiple replies dated 12.01.2024, 16.01.2024, 18.01.2024, 10.04.2024 and 27.02.2026.
11. The Commission notes that the Respondents have provided point-wise replies based on the records available with the Public Authority and have also indicated the relevant statutory provisions and public domain sources wherever applicable. The Commission further observes that despite the queries being extremely elaborate and voluminous in nature, the Respondents have made reasonable efforts to address the same and furnish available information.
12. In view of the above facts and submissions, the Commission finds that adequate and appropriate information, as available on record, has already been provided to the Appellant. No mala fide intent or deliberate denial of information is apparent on the part of the Respondents.
CIC/MORLY/A/2024/123975 Page 7 of 813. Accordingly, the Commission finds no infirmity in the replies furnished by the Respondents and no further intervention of the Commission is warranted in the matter.
The appeal is disposed of accordingly.
Sd/-
Swagat Das ( ागत दास) Information Commissioner (सू चना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Archana Srivastva) Dy. Registrar 011 - 2610 7040 Date Copy To:
The First Appellate Authority, Railway Board Rail Bhawan, Raisina Marg, New Delhi - 110 001 Mariyappa J CIC/MORLY/A/2024/123975 Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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