Central Information Commission
Mr.Raj Vikram Singh vs Government Of Nct Of Delhi on 31 October, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/001462
CIC/AD/C/2011/001463
Date of Hearing : October 31, 2011
Date of Decision : October 31, 2011
Parties:
Applicant
Shri Raj Vikram Singh
525K/88B
Old Mahanagar
Lucknow
Uttar Pradesh
The Applicant was present at NIC Studio, Lucknow
Respondents
Northern Railway
Divisional Railway Manager's Office
Moradabad Division
Moradabad
Represented by : Shri Rajeev Trehan, PIO & Sr.DMM
Shri Ashok Mishra, ACM
NIC Studio, Lucknow
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/001462
CIC/AD/C/2011/001463
ORDER
Background
1. The Applicant filed an RTI Application dt.28.5.11 with the PIO, DRM Office, Northern Railway, Moradabad. He stated that he has filed a complaint with regard to the harassment faced by him on 20.5.11 by a group of 3 drunken ticket checkers against whom he had lodged a complaint in the office of the Station Master Shahjahanpur. In this context, he sought the following information:
i) Whether medical test has been conducted on the checking staff who were on duty on 20.5.11 in the train No.14017. If not, the reasons for the same.
ii) Whether any FIR has been lodged after the medical tests has been conducted on the checking staff.
iii) Whether departmental or any other action has been taken on the complaint lodged by him in the station master's office. If not, the reasons for the same. The PIO replied on 22.6.11 enclosing the point wise information furnished by ASC/RPF as given below:
i) No medical test has been conducted on the checking staff who were on duty on 20.5.11 in the train No.14017.
ii) Since no medical test has been done, there is no reason to lodge an FIR.
iii) Information does not pertain to them.
Being aggrieved with the reply, Applicant filed a complaint dt.6.8.11 before CIC.
Decision
2. During the hearing, the Respondents submitted that since the ticket checking staff belonged to the Lucknow Division, the complaint lodged by the Appellant in the station master's office was transferred to the Lucknow Division on 30.6.11. This information according to the Respondent has been conveyed to the Complainant on 7.7.11. The Appellant argued that information provided to him by the PIO is incorrect. According to him, the PIO had informed him that no FIR was lodged by the Railways against the 3 ticket checkers since no complaint was filed by (Complainant ) in the Station Master's office, whereas he has an acknowledgement of the said complaint filed by him. The Respondents however maintained that at no point of time had they stated that no complaint has been lodged by the Complainant and clarified that what they had stated in their reply was that no 'discussion' amongst them about taking action against the ticket checkers had taken place since no medical test had been done on the ticket checking staff. Hence there was no need to file an FIR.
3. After perusing the submissions on record and after having heard both sides, it is my opinion that the Respondents have not stated anywhere that no complaint has been filed by the Complainant and that they have simply stated the factual position that no medical test of the ticket checking staff was undertaken. Discussion amongst Railway staff (word used by the PIO is 'Varta' in Hindi) cannot be construed as denial of complaint having been received.
4. After careful consideration of the facts of the case, I have decided as given below:
i) The PIO, Moradabad Division to submit an affidavit to the Commission with a copy to the Complainant stating that the ticket checking staff who were on duty in the train No.14017 on 20.5.11 were under the control of Lucknow Division. Hence the complaint has been transferred to to Lucknow Division .
ii) The PIO, Moradabad Division to transfer a copy of this order along with the RTI application to the PIO, Lucknow Division with the direction to provide information on the action taken on the complaint that has been forwarded by Moradabad Division along with copies of file notings and copies of any communication in this connection. If no action has been taken, the Complainant to be informed accordingly.
5. In the event no action has been taken against the three staff, it is strongly recommended that the competent authority in Lucknow Division enquire into this matter immediately and if the allegations leveled against the ticket checking staff by the Complainant are found to be true, to take appropriate disciplinary action against the staff. The enquiry may be completed preferably by 10 December, and the enquiry report shared with the Complainant as also information on action taken based on the outcome of the report.
The entire exercise to be completed by 10.12.11 and the Complainant ected to submit a compliance report to the Commission by 18.12.11.
6. The complaint is disposed of on the above terms.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Raj Vikram Singh 525K/88B Old Mahanagar Lucknow Uttar Pradesh
2. The Public Information Officer Northern Railway Divisional Railway Manager's Office Moradabad Division Moradabad
3. Officer in charge, NIC Note: In case, the Commission's above directives have not been complied with by the Respondents, the Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTIapplication, (2) copy of the Commission's decision, and (3) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what information has not been provided.