Central Information Commission
Sanjay Poddar vs Central Railway on 3 November, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CRAIL/A/2024/138911
Sanjay Poddar ....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Office of Pr. Chief Mechanical
Engineer, Central Railway, 2nd
Floor, Annex. Building, CSMT,
Mumbai - 400001 .... ितवादीगण /Respondent
Date of Hearing : 27.10.2025
Date of Decision : 03.11.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
[Total number of 13 Second Appeals of the Appellant are listed today for
hearing before the Commission]
Relevant facts emerging from appeal:
RTI application filed on : 18.06.2024
CPIO replied on : 18.07.2024
First appeal filed on : 29.07.2024
First Appellate Authority's order : 29.08.2024
2nd Appeal/Complaint dated : 18.11.2024
Information sought:
1. The Appellant filed an RTI application dated 18.06.2024 (offline) seeking the following information:
"I joined IRSME in the year 1996 through the 1994 Engineering Services Examination. I was compulsorily retired vide Rly Bd's order dated 03.12.2019. To defend my case in CAT Mumbai, I may kindly be furnished Page 1 of 9 with the following information under the backdrop mentioned in each Case
1) I was kept under sick list of the Byculla railway hospital vide the sick memo dt 07.08.2018 and continued to be under sick till 11.03.2019 when I was discharged vide MD/Byculla letter No BY/HE/Sick/SP dated 11.03.2019 addressed to PCMD/CSMT with copy of the letter marked to DRM(P) and PCME/CR. This letter was handed over to me in person on 01.04.2019 at my official residence by a staff of the PCME office under a covering letter No.M.PCME.CON dated 15.03.2019 from Secy. to PCME (Sri V S Prabhaker) who also marked this letter as a copy to DyCPO (Gaz) CSMT. In connection with above narration I would like myself to be furnished with the following information. a) The remark(s) passed by each authority i.e. i) DRM(P) i)PCME CSMT ii) DyCPO(Gaz) CSMT iv)PCMD CSMT, who were in receipt of the MD/Byculla's letter, through their file noting(s) or through any other mean(s). Also provide certified copy of the discharge certificate dated 11.03.2019 as sent by MD/Byculla railway hospital to the PCME along with the letter dated 11.03.2019.
2) In the CAT/BB order No dated 17.12.2018 delivered on the OA No 762/2018 the speaking order dated 15.01.2019 was passed by the PCME Sri. Manoj Joshi.i). In this connection kindly arrange to provide the remark(s) passed by both the respondents in the case i.e. the GM/CR Sri D.K.Sharma and the SPO(Gaz/legal)/General Manager(P) through file noting(s) in consultation with whom, speaking order was passed by the PCME/CR (ii)Note of approval by GM/CR of the draft speaking order before being finally endorsed by the PCME for providing to the applicant (Sanjay Podder) in response to the Hon'able Tribunal order may also be furnished.
3) For the purpose of weeding out the inefficient, ineffective, corrupt or doubtful integrity employees from the railway employment and to keep it trim, honest and efficient, the provision of rule No 1802(2) and 1803(a) of IREC Vol(ii) have been used to compulsory retire a employee in a bid to strengthen the administration. Kindly arrange to provide a copy of Schedule of power (For short SOP) under which GM/CR is authorized to constitute a committee for the said purpose consisting of the PCPO and the PCME for reviewing the performance of a class I gazetted officer. ii) Also in exercise of which rule PCME/CR and PCPO/CR can recommend to GM/CR to compulsory retire or retain a class I & class II gazetted officer from the railway service. Copy of the rule may be provided.Page 2 of 9
4) My letter dated 10.10.2019 addressed to PCME/CR a copy of which is enclosed may be taken as reference to provide the information as to what action was taken by the PCME/CR on the said letter. In this, all noting exchange between the PCME, PCPO and the GM/CR may kindly be furnished.
5) Copy of the letter that dictates i) The policy for consideration of the request transfer of a gazetted employee by the competent authority and also ii) the policy which enable or guide a competent authority to cancel a transfer order of a class I gazetted employee within the zonal railway (Central Railway) ii) An exhaustive list of the grounds considered for the above purpose may also be provided.
6) No of staff cases on Central Railway recommended for cut in pension to Railway Board to affect penalty, on issuance of SF-5 (Major penalty charge. sheet) by filling the UPSC form in the year 2018, 2019, 2020.
7) Noting pages of the files on which approval given by the competent authority to utilize the WMDA fund for a purpose other than for what it is meant.
8) Number of days of detention in the year 2017 to Train No KMPS/ Container/Ld at NGN station of BSL for detection of the centre Sill crack in the BLL wagons. Under whose initiative train was allowed to move.
Kindly arrange to provide the concern noting page(s).
9) For the year 2017-18, how many cases were reported where delay in offering TS(technical scrutiny) took place by more than three working days, both for TC (tender committee)as well as non TC cases and for such reported cases which is considered to be viewed very seriously i) what action was taken against such officials responsible for the delays by the then PCME Sri K.P.Somkuwar,i.e., how the erring officials were acted upon by the then PCME/CR ii) Was confidential letter issued to all the concerned or selectively few chosen for the purpose. iii) Name of the officials issued with such confidential letters may also kindly be furnished?
10) Due to implementation of JPO (joint procedure order) on damages to wagon at the sidings where loading, unloading takes place, the damages to the wagons must have been totally curbed on central railway or reduced drastically. Kindly enumerate the total wagon damage charges recovered from various parties after the implementation of the JPO and Page 3 of 9 also the damage charges recovered since 01.08.2018 till date and this figure (amount) should be supported by suitable documents)
11) Please refer to to the letter No:C 424/M&5/Own wagon policy(1) dated 31.10.2017 addressed to all the CMES & CFTMs of the zonal Railways, by Sri H Basak, Dy Chief Commercial Manager/FM& claims with regard to request for verification and certification of 50 BTPN Wagons under OYW Scheme. Kindly arrange to furnish the action taken on this letter by the then PCME/CR and CRSE(FR) for resolving the issue ii) Under this scheme, current status on releaze of the payment by Central Railways to the oil companies may also be furnished and if the payment is on conditional basis, the condition so laid down may be made available by providing the copy of the file noting(s).
12) Kindly refer to the letter No.CRX/CB/NHRC-72/2017-18 dt 20.04.2018 addressed to FA&CAO(X)/CSMT on the subject ""NHRC Notice regarding monetary relief to ......at MTN railway station. What were those compelling circumstances which forced the administration to allow the matter to be dealt by the then Secy to PCME Sanjay Podder rather than the DyCME (Workshop)/CR who was to deal the matter. Kindly arrange to furnish the said letter and the subsequent letter written by DyCME (Workshop) thereafter.
13) For the purpose of breaking the monopoly and to introduce competition with an over all objective to bring down the price of an item effort should be made by the railways to develop new vendors. For one such item "Torsion spring for ALT of BLC wagon M/S HOLLAND and CO LTD part No68858 or similar" what efforts have been made by Central Railway? i) All correspondence related to above may be furnished along with the unit cost of the item at which it has been purchased in the recent past on the Indian Railways. ii) Copy of the purchase order may be furnished.
14) My application dated 02.08.2018(copy enclosed) addressed to the PCME/CR was a request letter meant for cancellation of my transfer order dated 24.07.2018 (copy enclosed). Action taken report (remarks passed etc) on the said application by the PCME/CR may kindly be furnished.
15) A letter dated 15.01.2019 (copy enclosed) followed from the PCME/CR as a reasoned reply(speaking order) against a judgment dated 17.12.2018 in the OA No 762/2018 filed in CAT Mumbai. Please peruse Page 4 of 9 the Para No 2 of the letter(speaking order) and provide me the necessary calculation sheet wherein the figure of 18 (eighteen) years of my stay at Mumbai had been arrived at otherwise you can provide me a copy of the Personal Data record which depicts or substantiate the figure of 18 years.
16) For the letter/note No.M.79.C&W. Policy dated 14.09.2017 enclosed, what is the compliance status by RDSO? Have all issues raised in the letter addressed by (RDSO) it? If so copies of the reply letters received may be provided.
17) Designation of the Public authority on Central and the Western Railway who is responsible for record keeping of the number of various posts surrendered on both the zones.
18) Provide me a copy of the extant provision/rules being followed on Indian Railways for extension of probation period of a group A officer and the corresponding rules that were followed during the decade 1991 to 2000.
19) Please furnish to me, for the IRSME 94 batch, copies of all the notifications (containing name of the officers promoted) issued for promotion to JAG, SG, NFSAG, SAG, NFHAG & HAG on the Indian Railways.
20) Name of the division on western railway which received the fuel efficiency shield for the calendar year 2000 & 2001
21) A copy of the guidelines being followed on Central Railway for the purpose of assessing the extent of specified disability in a person included under the Rights of person with Disabilities Act, 2016(49 of 2016)."
2. The CPIO furnished a point-wise reply to the Appellant on 18.07.2024 stating as under:
"1 As per PCME's instruction, then Secy. To PCME dated 15.03.2019 had intimated to the applicant (Copy attached) along with the certified copy of discharge certificate from MD Byculla dated 11.03.2019.
Remarks passed by DRM(P), Dy. CPO(Gaz) CSMT & PCMD CSMT is not available in this office.Page 5 of 9
2 Remarks passed by GM/CR Shri D. K. Sharma and the SPO (Gaz/legal) /General Manager (P) is not available in this office, however the Speaking order dated 15.01.2019 is attached.
4 No remarks are available 7 No such approval accorded.
8 Pertains to BSL Division.
9 No such reports available on record.
10 JPO regarding realisation of wagon damage charge is under process.
11 No such letter available on record.
12 No record of letter 'mentioned above' is available in workshop section/HQ 13 No such correspondence is available on record. Unit cost of Part No. 68858 or similar as per the recent purchase is Rs. 3250.90/-Copy of purchase order pertains to store department.
14 PCME's remark to then Secy. was "Ask him to meet in person" (copy attached) 15 No such calculation sheet is available in this office. Pertains to Accounts department."
3. Being dissatisfied, the Appellant filed a First Appeal dated 29.07.2024. The FAA vide its order dated 29.08.2024, held as under:
"Your initial application dated 18.06.2021 at Ref-1 above was received in this office through Dadar Post office on 20/06/2024.
You were replied by PIO about the information pertaining to this office on 18.07.2024 vide Ref.-2 above, within the stipulated time of 30 days from the date of receipt of your queries in this office.
However, you have filed appeal dated 29.07.2024 received in this office on 01.08.2024 stated that you are not satisfy with the reply and also Page 6 of 9 stated that this office, is making you fool by not providing the correct information.
It is to inform you that query No. 8, 15 & 16 of your initial case has already been transferred to the concerned authorities for direct reply to the applicant under advice to this office. (Copies are enclosed) A reply from HQ Accounts about the query No. 15 is received on 29.08.2024. The copy of the same is also enclosed.
All other information already provided vide Ref-2 is stands good. Hence your appeal is disposed off."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video-Conference.
Respondent: Shri Abhinandan Aggarwal, Dy. CME (Planning) & CPIO, Central Railway present through Video-Conference.
5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 18.11.2024 is not available on record. Respondent confirms non-service.
6. Written submissions of the Respondent are taken on record.
7. The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that information on point No. 13 has not been provided to him by the Respondent.
8. The Respondent while defending their case inter alia submitted that vide their letter dated 18.07.2024, complete point-wise reply/information, as per the documents available on record has been provided to the Appellant. With respect to point No. 13 of the RTI application, the information sought pertains to Store Department.
Decision:
Page 7 of 99. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the Respondent has not provided information to the Appellant on point No. 13 of the RTI application, as the latter has sought specific information in his RTI application. But the Respondent has not provided clear and categorical information to the Appellant. The reply given by the Respondent is incomplete, vague and misleading. Merely stating that the information sought is not available with them or is available with some other office does not suffice the information being provided under the RTI Act.
10. If the information sought by the Appellant is not available in their department, then the Respondent should have transferred the RTI application of the Appellant to the concerned department. The Respondent has neither transferred the RTI application under Section 6(3) of the RTI Act nor assistance was sought as per Section 5(4) of the RTI Act.
11. Since, much time has now elapsed, the Respondent is directed to take assistance under Section 5(4) of the RTI Act from the concerned PIO w.r.t the information sought on point No. 13 of the RTI application and provide reply/information to the Appellant, free of cost, within four weeks from the date of receipt of this order, through speed post, failing which to show-cause within this period as to why maximum penalty should not be imposed under the RTI Act.
12. The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 8 of 9 Copy To:
The FAA, Office of Pr. Chief Mechanical Engineer, Central Railway, 2nd Floor, Annex. Building, CSMT, Mumbai - 400001 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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