Central Information Commission
T Ravi Kumar vs Southern Railway on 4 March, 2021
CIC/SORLY/A/2019/105245
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/SORLY/A/2019/105245
In the matter of:
T. Ravikumar ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, ... ितवादीगण /Respondent
/Sr. Divisional Personnel Officer,
Southern Railway, Chennai Division,
HQ Chennai.
2. CPIO,
/ASC/Prosecution/Security,
Southern Railway, Office of Principal
Chief Security Commissioner,
Railway Protection Force, Chennai.
Relevant dates emerging from the appeal:
RTI : 24.09.2018 FA : 21.11.2018 SA : 05.02.2019
CPIO Reply: 16.10.2018 FAO : 30.11.2018 Hearing : 02.03.2021
The following were present:
Appellant: Shri T. Ravi Kumar and Shri Rajashekaran participated in the hearing
through video conferencing from NIC Chennai.
Respondent: Shri Rajeya, APIO and Asst. Security Commissioner (Prosecution),
RPF participated in the hearing through video conferencing from NIC Chennai.
Page 1 of 5
CIC/SORLY/A/2019/105245
ORDER
Information sought:
The Appellant filed an RTI Application dated 24.09.2018 seeking information on the following three points:
1) "Action taken to arrange payment of compensation under rule No 10(4) of The Railway Service (Extra Ordinary pension) Rules 1993 to Sri. T. Ravikumar, Accounts Clerk then RPF Constable Staff No: 9904034 (applicant) who acquired disability due to the injury caused while ON DUTY on 16/10/2011.
2) Furnish the reason/Causes, if no action has been initiated under Rule No 10(4) of Railway Service (Extra Ordinary pension) Rules 1993.
3) File Notings, if any as available on record in connection with payment of compensation vide item No (1)."
The CPIO vide letter dated 16.10.2018 provided point-wise information to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 21.11.2018. The First Appellate Authority vide order dated 30.11.2018, informed as under:
"I have gone through the appeal submitted by you and I had called for the records pertaining to your appeal. On perusal of the information supplied by the APIO/Security, I do not find any lacuna on the part of the APIO/Security. Further, I find that you have raised fresh issues in your present appeal which was not sought earlier.
In this regard, it is pointed out that RTI cannot be used as a tool for redressal of your grievance. However, for the present appeal it is stated that you may submit your request for claim, to the Appropriate Authority with necessary proof for your claim.
Hence I do not consider your present request seeking for action taken report on your complaint, as an appeal against the information provided by PIO/Security, which needs my intervention."
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.Page 2 of 5
CIC/SORLY/A/2019/105245 Submissions made by Appellant and Respondent during Hearing:
The representative of the Appellant stated that he is not satisfied with the information provided by the Respondent. He further stated that the Appellant was working in Railway Protection Force Services as Constable in New Head Quarters Company, Chennai, Southern Railways. He added that when the Appellant was on duty at GDR Railway Station, he was assigned escort duty on train no. 13351 and on 16.10.2011, he met with an accident in the GDR Station premises, resulting in loss of his right leg. He further added that the treatment had led to amputation of his right leg leading to 70% permanent disability. After the said incident, the Railways had issued a certificate to the Appellant as a person with disabilities and was posted in Accounts Department. He implored before the Commission that a direction may be given to the Respondent to provide one time lump-sum compensation under sub-rule 10(4) of Railway Service (Extra ordinary pension) Rules, 1993.
The Respondent reiterated the contents of the written submission dated 11.02.2021. He submitted that the Appellant was also advised to approach the appropriate authority i.e., Inspector General, Principal Chief Security Commissioner for amicable resolution/redressal of his grievances.
A written submission has been received by the Commission from Shri V.K. Sivakumar, Asst. Personnel Officer/Traffic/MAS vide letter dated 10.02.2021, wherein he has explained the trajectory of the instant RTI Application.
A written submission has been received by the Commission from the APIO/Security, O/o. PCSC/RPF/HQ/MMC vide letter dated 11.02.2021, wherein he has apprised the Commission that the RPF are not covered under the purview of Workmen Compensation Act, 1923. In addition, the Appellant was also advised to Page 3 of 5 CIC/SORLY/A/2019/105245 submit his claim to the appropriate authority i.e., Principal Chief Security Commissioner, with all the relevant documents specifying his claim.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the information sought by the Appellant in the instant RTI Application is beyond the purview of adjudicatory powers of the Commission. However, acceding to the averment of the Respondent, the Commission advises the Appellant to make a detailed representation before the Inspector General, Principal Chief Security Commissioner for amicable resolution/redressal of his issue/grievance. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमतापांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 02.03.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 4 of 5 CIC/SORLY/A/2019/105245 Addresses of the parties:
1. The First Appellate Authority (FAA) Southern Railway, Headquarters Office, General Branch, HQ Annex Building, Park Town, Chennai-600003
2. The Central Public Information Officer, /Sr. Divisional Personnel Officer, Southern Railway, Chennai Division, HQ Annex Building, Fourth floor, Park Town, Chennai-600003
3. The Central Public Information Officer, /ASC/Prosecution/Security, Southern Railway, Office of Principal Chief Security Commissioner, Railway Protection Force, 6th Floor, Moore Market Complex, Chennai-600003
4. Shri T. Ravikumar Page 5 of 5