Central Information Commission
Mr.Rajkumaryadav vs Ministry Of Railways on 19 September, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2009/001144
Date of Hearing : September 19, 2011
Date of Decision : September 19, 2011
Parties:
Applicant
Shri Rajkumar Yadav
Amodhpur
PO - Mughalsarai
Chandauli 232 101
Uttar Pradesh
Respondents
East Central Railway
Divisional Railway Manager's Office
Mughalsarai Division
Mughalsarai
Represented by : Shri S.C.Srivastava, CPIO & Sr.DPO
Shri Bansh Narain Singh, Sr.DEN/Coord, Dhanbad
Shri L.K.Rai, Ch.O.S
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2009/001144
Adjunct to the captioned CIC Order dt.1.7.11
Background
1. The decision in the captioned order is reproduced below:
5. Accordingly, the then Sr.Divisional Engineer (Coord) is directed to pay a sum of Rs.25000/ u/s 20(1) of the RTI Act.. The Appellate Authority is directed to recover the amount of Rs.25,000/ from the salary payable to the then Sr.Divisional Engineer (Coordination) by way of Demand Draft drawn in favour of 'PAO CAT' in 5 equal monthly installments. The first installment should reach the th th Commission by 10 August 2011 and the last installment should reach by 10 December 2011. The Demand Draft should be sent to Shri G.Subramanian, Under Secretary & Deputy Registrar, Central Information Commission, Club Building, Old JNU Campus, New Delhi 110 067.
2. The Commission received a letter dt.1.8.11 from Shri B.N.Singh, Sr.Divisional Engineer (Coord.), East Central Railway, Dhanbad. In his letter he prayed for exoneration from the penalty imposed on him based on the following explanation:
i) As per the letter dt.17.11.08 issued by the East Central Railway HQ, Smt.Rakesh Kumar Roshan, Sr.DCM was nominated as the PIO for the Mughalsarai Division.
ii) The Divisional Railway Manager designated the Sr.DE(Coord) as PIO and DE(I) as APIO for matters concerning to Engineering Department on 3.6.09 which was circulated by Sr.DCM cum PIO vide letter dt.3.6.09.
iii) Shri B.N.Singh was transferred and handed over the charge to Shri V.K.Pandey, the present Sr.Divisional Engineer (Coord) on 17.4.09 which clearly indicates that at no time he was the PIO.
iv) The RTI Application dt.27.12.08 was forwarded by Sr.DCM & PIO on 31.12.08 to Sr.DPO, Sr.DEN(Coord) and DEN/I
v) Sr.DPO replied on 5/7109 to Sr.DCM cum PIO who did not forward this information to the Complainant nor asked for extension of stipulated period from the Complainant. He has just passed the information to other officers and never asked again our put up the matter to Appellate Authority for noncompliance till 1.5.09 when he (Shri B.N.Singh) has already been transferred from Mughalsarai.
vi) The reply to the RTI Applicant was provided on 27.5.09 by Shri Rakesh Raushan, Sr.DCM on the basis of the reply given by the present Sr.DE(Coord) Shri V.K.Pandey vide letter dt.27.5.09.
vii) Shri B.N.Singh also stated that Shri S.C.Srivastava, Sr.DPO vide his letter dt.14.11.10 has misrepresented and given wrong information to CIC and copy of this letter was not given to him for his knowledge to provide correct information to CIC.
viii) Shri B.N.Singh also added that Shri S.C.Srivastava, Sr.DPO has wrongly informed the CIC that he was the PIO. In fact, it was the Sr.DCM who was the real PIO who had received the RTI Application and also provided information to the Complainant on 27.5.09.
ix) Shri B.N.Singh further stated that he was not given an opportunity to explain his case before the Commission nor the show cause notice was forwarded to him by the concerned PIO.
Decision
3. It is clear on the perusal of the submissions on record and after hearing the Respondent that Shri B.N.Singh,, who was Sr.DEN (Coord)/Mughalsarai has nothing to do with the present case since he was already transferred to Dhanbad Division on 17.4.09 whereas the order nominating Sr.DEN(Coord) as PIO came much later i.e. on 3.6.09. In view of this, the penalty proceedings initiated against Shri B.N.Singh are hereby being set aside.
4. The Commission also noted that then Sr.DCM is the PIO who had received the response dated 5/71 09 to the RTI Application from the Sr. DPO(who is the deemed PIO ) but had failed to forward the same to the Appellant and hence directs the Sr.DCM to show cause as to why penalty should not be imposed upon him u/s 20(1) of the RTI Act for not responding to the RTI Application within the scheduled time period. He is directed to submit his written response to the Commission by 27.10.11.
5. The present PIO is directed to forward a copy of this order to the then Sr.DCM who was the PIO at the time of receipt of RTI Application dt.27.12.08
6. The Commission ordered accordingly.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Rajkumar Yadav Amodhpur PO - Mughalsarai Chandauli 232 101 Uttar Pradesh
2. Shri B.N.Singh Sr.Divisional Engineer (Coord.) East Central Railway Dhanbad Division Dhanbad
3. Shri S.C.Srivastwa Sr.Divisional Personnel Officer East Central Railway Mughalsarai Division Mughalsarai
4. The PIO East Central Railway Divisional Railway Manager's Office Mughalsarai Division Mughalsarai
5. Officer in charge, NIC