Central Information Commission
Sanjay Poddar vs Ministry Of Railways (Railway Board) on 30 October, 2025
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/2024/128546
Sanjay Poddar .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Railway Board, Rail Bhawan,
New Delhi - 110001 .... ितवादीगण /Respondent
Date of Hearing : 27.10.2025
Date of Decision : 30.10.2025
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 : 15.07.2021
CPIO replied on : 23.08.2021
First appeal filed on : 06.06.2024
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 26.08.2024
Information sought:
1. The Appellant filed an RTI application dated 15.07.2021 (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 11 with the following information under the backdrop mentioned in each case
1) I was kept under sick list of the xxxxx 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 VS 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) ii)PCME CSMT)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).
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 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) Vide MD Byculla letter No.BY.HE.sick.SP dated 13.02.2019, I was asked by MD Byculla to attend a Medical Board on 16.02.2019. i) Kindly arrange to provide the names and designation of the doctors who constituted the said board.ii) recommendation of the committe members or the comment passed by MD byculla Ms Meera Arora after the committee met on 16.02.2019. iii) Also provide the noting sheet where PCMD CSMT approval had been taken to nominate any other doctor or doctor(s) on super speciality for the said board. iv) The out come of the board that was held on 07.08.2018 as well as the one held on 7/8.01.2019 for which the doctors nominations were done both by MD Byculla and PCMD CSMT.
4) For the purpose of weeding out the ineffecient, ineffective, corrupt or doubtful integrity employees from the railway employment and to keep it trim, honest and efficient, the provision of rule No 1802(a) and 1803(a) Page 2 of 11 of IREC Vol(II) have been used to compulsory retire an 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 1 & class II gazetted officer from the railway service. Copy of the rule may be provided.
5) My letter dated 10.10.2020 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.
6) 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) iii)An exhaustive list of the grounds considered for the above purpose may also be provided.
7) Kindly refer to the railway board letter No.2016/E(TRG.)/6/30/(52 and 53 AMP) dated 09.08.2016 on the subject: 52 and 53 advance management programme to be conducted at NAIR/Vdodara, ICLIF/Malaysia & INSEAD/ Singapore. For Regulars (53 AMP) at serial No 23 Sanjay Podder has been shown to be belonging to the service IRSME with batch as 1997. Sanjay Podder qualified the 1994 engineering service examination and is therefore entitled to belong to batch 1994. Has Sanjay Podder been relegated to the 1997 batch? If so, kindly arrange to provide name and designation of the authority/ authorities who relegated Sanjay Podder to 1997 batch.ii) Provide copy of the rule under which such a relegation took place.
8) Figures on operating ratio of Central Railway as well as western Railway vis-a-vis the Indian Railway for the year 2002-03, 2017-18, 2018-
19 and 2019-20.
9) 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.
Page 3 of 1110) No of days I worked under the reporting, reviewing and the accepting authority in the year 2017-18 i.e.under sri Mahesh kumar Verma CRSE/FR, K.P.Somkuwar PCME and Sri D.K.Sharma GM/CR.
11)I on my own had submitted a letter dated 07.01.2019 addressed to MD Byculla in Byculla Railway hospital under due acknowledgement, for the knowledge and information of the Medical Board members who all met on 08.01.2019. Kindly arrange to provide the remarks of the board members on the said letter along with any special comment/remark by MD Byculla herself.
12) No of serving employees on the Indian Railways who are undergoing psychiatric treatment and the policy as per which their working performance is monitored. Data of such employees suffering from psychaitric ailment may also be provided who are continously performing poorly and how many among these have been subjected to special medical for assessing their suitability for the job under FR 56(j) and how many have been given compulsory retirement. The data should be separately provided for the Gazetted and Non-Gazetted staff.
13) No of gazetted (Group A and Group B) employees on Central Railway who have cumulatively worked in Mumbai and in its surroundings areas for more than 10,12, 14 years till the year 2019. This should include officers both working as well ae retired from the lowest rank to the highest one(GM/CR). (Note: Those who have worked for 12 or 14 year should also find their place in 10 years category etc)
14) What did the DPC (departmental promotion committee) comment while considering my (Sanjay Podder) promotion from JAG to selection grade in the year 2007, 2008, 2009 & 2010 respectfully. i) Copy/copies of the DPC proceedings for these years may be provided. ii) Also kindly provide the DPC recommendation in the year 2011 which considered me to fit for promotion into the selection grade(SG).
15) Based on written information I was declared to be unauthorizedly absent from duty vide the DyCPO(G)/WR letterNo.E(G)636/8/SP dt.04.08.2008 and the Railway Board letter No.E(O)III-2008/TR/416 dated 12.08.2010. Copies of these written information available with the appropriate authority to declare me as unauthorizedly absent may kindly be provided.
Page 4 of 1116) Copy of the rule under which I was not immediately promoted into the senior scale after the confirmation when it was highly due.
17) Designation of the authority on zonal railways which maintains/keeps the records of the various posts surrendered by all the divisions of the zone.
18) Name of the railway colonies and other (railway) establishments in Mumbai which receive water partly or fully from the tanker service.
19) Copies of the all the performance reports both from SrDME(DSL) Sri P.C.Verma & CWM/PL Shri Arunendra Kumar, based on which I was given the confirmation after the completion of the probation period.
20) 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.
21) Recommendation made by appropriate authority/authorities before sending me for the AMP at Malaysia and Singapore.Copy the recommendation note/letter may be provided.
22) Copies of the recommendation/comments passed by the various DPC held for promotion from SG to SAG on the entries made in the health column of my APAR for the year 2012-13 by reporting officer Sri P.A Lamghare CRSE(FR)/CR and the reviewing officer Sri W.K.Pradhan PCME/CR
23) Name and designation of the PIO(Public informaton officer) for BAMH Railway hospital, byculla, Mumbai.
24) Name of the division on western railway which received the fuel efficiency shield for the year 2001-02 & 2002-03
25) 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).
26) In what capacity does CRB works for the govt of India?Is he the acting as ex officio secretary to govt of India?. The necessary notification issued by railways to this effect may kindly be provided.
Page 5 of 1127) 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?
28) 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 recoved from various parties after the implementation of the JPO and also the damage charhes recovered since 01.08.2018 till date and this figure(amount) should be supported by suilable documents)
29) Please refer to the letter No: C 424/M&S/Own wagon policy(I) 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).
30) 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.
31) For the purpose of breaking the monopoly and to introduce competition with an over all objective to bring down the price of an item efforts should be made by the railways to develop new vendors. For one Page 6 of 11 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 purnished."
2. The CPIO, Gaz. Section furnished a reply to the Appellant on 13.08.2021 which states as under:
"1. As mentioned in his RTI, a copy of letter no. M.PCME.CON dated 15.03.2019 which is available in this office, will be provided on receipt of the original money receipt of Rs. 2/- (2 x 1). No noting's on this letter.
4. The information sought for is not specific to ascertain the item of Schedule of Power (SOP) desired. Hence a copy of Model SOP2018 (Part F: Establishment Matters)-SubPart-I (Gazetted)) is being provided having 21 pages. He was therefore, requested to deposit an amount of Rs. 44/- (Total 21 pages @ Rs. 2/- per page) towards documentation charges and produce the original money receipt so that attested copies can be provided as asked by him.
6. The available Railway Board's letter regarding comprehensive transfer policy for Railway officers, is available in this office. A copy of Railway Board's letter no E(O)III/2014/PL/05 dated 31.08.2015 was available in 03 pages. The attested copies will be provided on receipt of the original money receipt of Rs. 6/- (3 x 2).
13. The information as sought by him in tabulated form, for number of Gazetted (Gr. A & B) employees on Central Railway who have cumulatively worked in Mumbai and its surrounding areas for more than 10, 12, 14 years till the year 2019 is not maintained in this office. He may visit this office for inspection of Personal files of all the officers from the lowest rank to the highest one (GM/CR), with prior appointment to inspect and indicate the copies required after paying the necessary fees."
3. The CPIO furnished a reply to the Appellant on 23.08.2021 stating as under:
"Only item 15(Pt) pertains to this CPIO and the requisite information/response in respect of the said item, is enclosed.Page 7 of 11
15 Relevant file No.E(O)III- 2008/TR/416 has been weeded out after prescribed retention period as per extant guidelines on the subject."
4. Being dissatisfied, the Appellant filed a First Appeal dated 06.06.2024. The FAA order is not on record.
5. 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 Deepak Kumar Biswas, JDPG & CPIO (Railway Board), Shri Sandeep Kumar, Inspector (CCMC), Shri R P Joshi, Director & CPIO and Shri Anil Kumar, Under Secretary present in person.
Dr. Kapil Sarde, Sr. DMOP & CPIO, Shri Abhinandan Aggarwal, Dy. CME (Planning) & CPIO (Central Railway) and Shri Ajay Raj, APO & APIO, Central Railway present through Video-Conference.
6. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 26.08.2024 is not available on record. Respondents confirm non-service.
7. Written submissions of the Respondents are taken on record.
8. The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that till date complete and correct information has not been provided to him by the Respondent. He stated that no information was given to him on point Nos. 7, 12, 15, 16, 19 and 21 of his RTI application. He requested the Commission that direction for disclosure of information should be given to the Respondents.
9. The Respondents while defending their case inter alia submitted that complete point-wise reply/information, as per the documents available on record has been provided to the Appellant.
Page 8 of 1110. The Respondent, Central Railway submitted that the PIO, Gaz. Section vide their letter dated 13.08.2021 had provided reply/information to the Appellant on point Nos. 1, 4, 6 and 13 of the RTI application.
11. The Respondent, Railway Board submitted that reply on point Nos. 12 and 26 of the RTI application was given to the Appellant on 16.10.2025.
12. The Respondent, Railway Board further submitted that a consolidated reply on point Nos. 7, 4, 22, 12, 16, 19, 21 and 26 of the RTI application was sent to the Appellant vide their letter dated 23.10.2025.
13. W.r.t point No. 21 of the RTI application, the Respondent, Railway Board submitted that they have categorically informed the Appellant that the said file is weeded out in the year 2024 after prescribed retention period, as per extant guidelines on the subject. The Respondent further submitted that the first appeal of the Appellant is time barred.
14. W.r.t point Nos. 16 and 19 of the RTI application, a reply was uploaded by the Western Railway vide letter dated 24.10.2025, which states as under:
"16: The applicant belongs to the 1994 IRSME batch and joined Indian Railways in 1996. After confirmation in Group 'A' service, an officer becomes eligible for promotion to the Senior Scale, which generally takes about 4-5 years depending on the officers service record, including DAR, Vigilance history, and performance reports. The officer would normally have been promoted to the Senior Scale around 2000-2001. However, as the details pertain to an old period and the relevant records/files are scattered, the specific reasons for any delay in promotion cannot be ascertained. However, officer transferred to Central Railway his service record available with Central Railway.
19: Officer was transferred to Central Railway, his APAR dossier is maintained with Central Railway. Hence, copies of the required performance reports may be obtained from the Confidential Cell of Central Railway where the APAR records are held"
Decision:
Page 9 of 1115. The Commission after adverting to the facts and circumstances of the case, hearing all the parties and perusal of the records, observes that the Appellant is aggrieved that complete and correct information has not been provided to him by the Respondent till date.
16. The Commission observes the first appeal of the Appellant is filed after merely 33 months from the date of filing the RTI applications which is hopelessly time-barred. Similarly, the Second Appeal is also time barred, as there is nothing on record that there is a disposal of first appeal of the Appellant. No request of condonation of delay is filed by the Appellant. However, in the interest of justice, the matter is adjudicated based on the oral request of the Appellant and documents placed on record.
17. The Commission observes that correct reply has not been provided to the Appellant on point No. 7 of the RTI application. The Respondent could have informed the Appellant that as to whether any relegation order is there or not. If yes, then a copy of the same should have been provided to the Appellant.
18. W.r.t point Nos. 16 and 19 of the RTI application, clear and categorical response was not given to the Appellant. PIO, Central Railway states that the matter pertains to Western Railway and vice-versa.
19. In light of the above observations, the concerned Respondent is directed to give revised updated reply/information to the Appellant on point No. 7 of the RTI application, within a period of two weeks from the date of receipt of this order.
20. With respect to point Nos. 16 and 19 of the RTI application, the Commission directs the Nodal PIO, to arrange inspection of available records to the Appellant at Mumbai on a mutually decided date & time within a period of six weeks. Before giving a date to the Appellant, the Respondent should supply him a list of files connected with the query in the RTI application giving File Nos., Subject of the file, and total number of pages of correspondence in each file. The PIO is further directed to arrange all relevant files/records (as per RTI application) at one place before calling the Appellant for inspection. The intimation of the date and time of the inspection shall be provided to the Appellant by the PIO telephonically and in writing. In the process of facilitating the inspection Page 10 of 11 and providing subsequent copies of the record, the PIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act.
21. Copy of documents that the Appellant or his authorized representative desires during the inspection shall be provided by the PIO free of cost.
22. The above directions shall be complied with by the PIO within six weeks from the date of receipt of this order.
23. The Nodal PIO and FAA, Mumbai are directed to ensure compliance with this order.
24. With respect to other points of the RTI application, the Commission finds no infirmity in the reply and as a sequel to it further clarifications tendered by the PIO during hearing as the same was found to be in consonance with the provisions of RTI Act.
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 Copy To:
The FAA, Railway Board, Rail Bhawan, New Delhi - 110001 Page 11 of 11 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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