Central Information Commission
Daya Shanker Pandey vs Northern Railway on 8 November, 2018
क यसूचनाआयोग
CENTRAL INFORMATION COMMISSION
बाबागंगानाथमाग
Baba Gangnath Marg,
मुिनरका,
नरका नई द ली -110067
Munirka, New Delhi-110067
File No : CIC/AB/A/2016/000439-AB
In the matter of:
Daya Shanker Pandey
...Appellant
VS
PIO and Dy. Chief Material Manager/S &P
Northern Railway, O/o the Controller of Stores,
Headquarters Office, Baroda House, New Delhi-
110001
&
PIO and Assistant Commercial Manager,
Northern Railway, Divisional Office, DRM Office,
Ashok Marg, Prem Nagar, Hazratganj, Lucknow,
U.P-226001. ...Respondent
Dates
RTI application : 11.08.2015
CPIO reply : 20.10.2015, 02.12.2015
First Appeal : 17.09.2015
FAA Order : Not on Record
Second Appeal : 05.04.2016
Date of hearing : 18.05.2017, 24.10.2018
Facts:
The appellant vide his RTI application dated 11.08.2015 sought information on 5 points relating to the train accident which occurred on 20.07.2011 in which 10 wagons containing coals etc. were derailed and subsequently these were auctioned. The compensation paid, date of auction, action taken against the railway employees responsible for the above incident etc. were all sought in the RTI application.
The CPIO Lucknow vide letter dated 20.10.2015 had provided information on only Paras 2 and 5, stating that the information relating to rest of the paras related to CPIO Delhi. The CPIO Delhi had however provided a reply 1 on 02.12.2015 to the appellant by which none of the sought for information was provided.
Being aggrieved with the same, the appellant filed first appeal on 17.09.2015 to the FAA Ministry of Railway. The FAA's order is not available on record.
Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Present
Respondent : PIO, Shri Brij Bahadur, ACM (Lucknow)
PIO, Shri Rajiv Singh, AMM (Delhi)
During the hearing the respondent PIO, Lucknow submitted that they had provided the requisite information vide their letters dated 20.10.2015 & 02.12.2015 which are just and proper and the case should be closed. The appellant submitted that he was not satisfied with the reply received from the respondent.
On perusal of the case record, it was seen that in reply to point no. 1, it was mentioned that the relevant reply will be provided by the CPRO, State Entry Building, New Delhi. Since it was not transferred u/s 6(3) of the RTI Act to the CPRO, New Delhi, at this point in time, the CPIO is not allowed to transfer the same i.e. after so much time. Proper information on point no. 1 should accordingly be provided by the CPIO, Lucknow.
The replies provided by both the PIOs, Lucknow and Delhi in regard to point nos. 2, 3 and 4 of the said RTI application are just and proper.
The respondent CPIO, Lucknow is directed to provide point wise reply (on point no.1) complete in all respects to the appellant as available on record including certified true copies of the documents e.g. note sheet, letters, correspondence, e-mail etc. free of charge u/s 7(6) of the RTI Act within 07 days of the receipt of the order. For this purpose, CPIO/PIO, may take assistance of any other office/department u/s 5(4) of the RTI Act.
2The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
With the above direction, the appeal is disposed of. Copy of the order be sent to both the parties free of cost.
Compliance Order : 24.10.2018
Appellant : Present
Respondent : Shri K.C. Meena
Dy. Comm/ S & P along with
Shri M.L. Meena cum CPIO,
DCM, Lucknow
The appellant vide his letter dated 17.07.2017 had filed a non-compliance petition before the Commission stating that the respondent authority had failed to comply with the order of the Commission.
During the hearing, the respondent PIO, Lucknow handed over a written submission and submitted that the order of the Commission dated 18.05.2017 was received in their office only on 15.10.2018 and that they had complied with the order of the Commission by virtue of its letter dated 22.10.2018.
The appellant submitted that he had not received any reply till date from the respondent authority in this case.
On perusal of the letter dated 22.10.2018, it was noted by the Commission that proper reply was not provided to the appellant on point no. 1 of the above stated RTI application and also that the same was provided after a delay of 01 year and 05 months. On being enquired by the Commission as to why such delayed compliance was done, Shri M.L Meena, PIO/DCM, Lucknow submitted that it was only on 15.10.2018 that they had received the order of the Commission dated 18.05.2017 and as soon as they received the order, the same was duly complied with by them. This means that a response was provided to the appellant in accordance with the points raised in the aforestated RTI application.
3The Commission does not find the above submission of the respondent as tenable. The order dated 18.05.2017 was not duly complied with by the respondent authority and moreover the said compliance was done after a delay of 01 year and 05 months. All these instances of lapses noticed on his part show an apparent disregard to the status and more importantly to the order of the Commission. Under the circumstances, the Commission cannot be a mute spectator to such flagrant violation of its lawful orders by the present PIO. The PIO, Shri Moti Lal Meena, DCM, Lucknow, is accordingly imposed a penalty of Rs 5,000 u/s 20(1) of the RTI Act for not complying with the order of the Commission dated 18.05.2017 .
The Commission impose penalty of Rs. 5,000/- on the then PIO, Shri Moti Lal Meena, DCM, Lucknow. He is directed to pay a sum of Rs 5,000/- in two equal monthly instalments. The Sr. DCM, Northern Railway, Divisional Office, DRM Office, Lucknow, is directed to recover the amount of Rs 5,000/- from the salary payable to Shri Moti Lal Meena and remit the same by way of demand drafts drawn in favour of 'PAO CAT' New Delhi in 2 equal monthly instalments. The first instalment should reach the Commission by 24.12.2018 and the last instalment should reach by 24.01.2019. The Demand Drafts should be sent to the Deputy Registrar (CR-II), e-mail;[email protected] Room no. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067.
The registry of this bench is directed to send a copy of this order to the Sr. DCM, Northern Railway, Divisional Office, DRM Office, Lucknow, for compliance of this order.
The Sr. DCM, Northern Railway, Divisional Office, DRM Office, Lucknow, is directed to take action as per the above direction and submit an action taken report within 15 days from the receipt of this order.
Be that as it may, since no desired information was provided to the appellant in the present case, the respondent PIO is directed to provide revised reply on point no. 1 complete in all respects to the appellant as available on 4 record in the form of certified true copies of the documents sought e.g. note sheets, letters, correspondences, e-mails etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 07 days of the receipt of the order. For this purpose, the concerned CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.
The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
With the above observation/direction/penalty, the non compliance petition is disposed of.
Copies of the order be sent to the concerned parties free of cost.
Amitava Bhattacharyya (अिमताभ भ!टाचाय) भ!टाचाय) Information Commissioner ( सूचना आयु$ ) Authenticated true copy (अिभ%मा&णत स(या)पत %ित) Ajay Kumar Talapatra (अजय कुमार तलाप ) Dy. Registrar (उप-पंजीयक) 011- 26182594 / [email protected] दनांक / Date Copy to:
i) Sr. DCM, Northern Railway, Divisional Office, DRM Office, Lucknow.
ii) Deputy Registrar (CR-II), e-mail;[email protected] Room no. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067.5