Central Information Commission
K G Chauhan vs Western Railway Mumbai on 2 November, 2021
CIC/WRAIL/A/2019/148756
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/WRAIL/A/2019/148756
In the matter of:
K G Chauhan ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/ Divisional Commercial Manager,
Western Railway,Divisional Office,
O/o the Divisional Railway Manager,
Vadodara Division, Pratapnagar
Vadodara -390004
Relevant dates emerging from the appeal:
RTI Application filed on : 05.07.2019
CPIO replied on : 06.08.2019
First Appeal filed on : 08.08.2019
First Appellate Authority order : 09.09.2019
Second Appeal received on : 09.10.2019
Date of Hearing : 24.09.2021
The following were present:
Appellant: Shri KG Chauhan, participated in the hearing through video
conferencing from NIC Anand.
Respondent: Shri Nishant Sharma, ADFM/Western Railway, participated in the
hearing through video conferencing from NIC Vadodara.
Page 1 of 6
CIC/WRAIL/A/2019/148756
ORDER
Information sought:
The Appellant filed an RTI Application dated 05.07.2019 seeking information as under:
"Ref: PPO. 20197080200245, Emp. No. 50814438791 I am sending herewith an application under RTI Act 2005 for getting information and related documents duly attested pls.
1) I K. G. Chavan CBC under 55 / ANAND and my appointment date 01.07.1981 and retirement 31.07.2019. Total 37 years 31 days I required the information regarding PF remittance year wise and VPF remittance year wise duly attested.
2) Year wise remittance of PF and VPF from my appointment to retirement amounts and copy of the remittance year wise from PF book duly attested."
Shri S. K. Nair, Divisional Commercial Manager & Central Public Information Officer, Western Railway - Vadodara vide letter dated 06.08.2019, enclosed a letter/note given by DFM & PIO-BRC, Western Railway dated 02.08.2019 wherein informed to the Appellant as under:
Page 2 of 6CIC/WRAIL/A/2019/148756 Being dissatisfied, the Appellant filed a First Appeal dated 08.08.2019. The First Appellate Authority vide order dated 09.09.2019, enclosed a note given by DPO- BRC & CPIO-BRC dated 09.09.2019 wherein the Appellant has been informed as under:
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. Appellant requested the Commission to advise the Respondent to provide the records and information sought in the instant RTI Application and further direct the Respondent to show the records regarding his PF accounts and leger books maintained by Respondent in his name from his appointment to retirement.
Submissions made by Appellant and Respondent during Hearing: The Appellant stated that though he has been provided with the information as sought in the instant RTI Application from the Respondent, but he has received lesser amount of Rs. 2,00,000/- towards his PF/VPF remittance from the Respondent Public Authority.
The Respondent submitted that we have provided sufficient information to the Appellant as per the availability of the records. He apprised the bench that the Appellant is seeking his year vise PF/VPF remittance from his date of joining till date, involving more than 37 years of old PF records. The Respondent also requested the Appellant to provide them all the details where the Appellant had Page 3 of 6 CIC/WRAIL/A/2019/148756 worked from the year 1981 onwards, bill unit wise and area of posting, in order to locate the relevant PF ledgers and accordingly the Appellant agreed to provide the same to the Respondent.
The Respondent added that after 01st April, 2016, PF records are also available on online IPAS system and moreover, PF ledgers pertaining to the year 2014-18 and 2018-19 are available in their office and offered inspection for the same to the Appellant.
Upon being queried by the Commission whether the Appellant wants to inspect the relevant records that are available in Respondent Public Authority by visiting the concerned office, the Appellant replied in affirmative.
A written submission has been sent to the Appellant from the office of DFM & PIO-BRC, vide letter dated 17.09.2021, wherein the Appellant has been informed as under:Page 4 of 6
CIC/WRAIL/A/2019/148756 Decision:
Keeping in view the aforesaid facts and circumstances, the Commission finds it expedient to direct the present CPIO to provide an opportunity to the Appellant to inspect the relevant and available records as sought in the present RTI Application on a mutually decided date and time, duly intimated to the Appellant telephonically and in writing. Copy of documents, if desired, should be provided to the Appellant free of cost up to 25 pages, and beyond those, prescribed fees shall be charged as per the RTI Rules, 2012. The CPIO is further directed that he shall ensure that any personal information/identifying particulars of a third party should be adequately redacted/blackened out. The said direction should be complied with, by the CPIO within 60 days from the date of receipt of this order and a compliance report of the same be duly sent to the Commission, enumerating the details of documents inspected and copy of documents provided 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(अिमता पांडव) Information Commissioner(सूचना आयु ) दनांक / Date: 02.11.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/WRAIL/A/2019/148756 Addresses of the parties:
1. The First Appellate Authority (FAA) ADRM, Western Railway,Divisional Office, O/O The Divisional Railway Manager, Vadodara Division, Pratapnagar, Vadodara,Gujarat- 390004
2. The Central Public Information Officer / Divisional Commercial Manager, Western Railway,Divisional Office, O/O The Divisional Railway Manager, Vadodara Division, Pratapnagar Vadodara -390004
3. Shri K G Chauhan Page 6 of 6