Central Information Commission
Mamta Bhatia vs Railway Board on 3 May, 2021
CIC/RAILB/A/2019/110794
के य सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मु नरका
Baba Gangnath Marg, Munirka
नई द ल , New Delhi - 110067
वतीय अपील सं या/ Second Appeal No. CIC/RAILB/A/2019/110794
In the matter of:
Mamta Bhatia ... अपीलकता/Appellant
VERSUS
बनाम
1.CPIO, ... तवाद गण /Respondent
/CPIO-120 & Director,
Vigilance (Traffic)-II, Railway Board,
RTI Cell, New Delhi.
2. CPIO
/Dy. CVO (Engg.),
North Central Railway, Head Quarter
Office, Vigilance Branch, Allahabad.
Relevant dates emerging from the appeal:
RTI Application filed on : 03.12.2018
CPIO replied on : 07.01.2019
First Appeal filed on : 18.01.2019
First Appellate Authority order : 08.02.2019
Second Appeal Received on : 08.03.2019
Date of Hearing : 07.04.2021
Page 1 of 9
CIC/RAILB/A/2019/110794
The following were present:
Appellant: Smt. Mamta Bhatia and Shri Rohit Bhatia, representative of the
Appellant participated in the hearing through video conferencing from NIC Jhansi.
Respondent: Shri Brijesh Kumar Mishra, PIO-Vigilance/NCR and Dy.
CVO/T/NCR participated in the hearing through video conferencing from NIC
Allahabad. Smt. Madhusmita Patra, CPIO and Director Vigilance(Traffic) and
Shri Jagadish Pandey, Deputy Director Vigilance(Traffic) participated in the
hearing through intra-video conferencing from Central Information Commission.
ORDER
Information sought:
The Appellant filed an RTI Application dated 03.12.2018 seeking information on the following three points:
1) "मेरे वारा दनाँक 12/10/2018 को दज क गई शकायत प पर क गई कायावाह (Action Taken Report) क कापी क छाया त उपल ध करवाने क कृपा करे ।
2) अ ात यि त ी पी.के. ीवा तव क Anonymous/Pseudonymous शकायत पर ज़ोनल रे लवे सतकता वभाग इलाहाबाद के वारा मेरे प त कमचार अशोक भा टया को जाँच हेतु रे लवे बोई नई द ल को भेजा गया, जब रे लवे बोड नई द ल जाँच कर रहा था उसके बावजूद ज़ोनल रे लवे सतकता वभाग इलाहाबाद वारा Same Issue & Same Anonymous/Pseudonymous complaint पर कस आदे श के तहत Parallel investigation कया गया उस आदे श क कापी क छाया त उपल ध करवाने क
3) अ कृपाात करे यि । त ी पी.के. ीवा तव क Anonymous/Pseudonymous शकायत म द गई जानकार के तहत, मेरे तथा मेरे प रवार के गोपनीय ववरण नकलवाकर तथा रे ल कमचार मेरे प त ी अशोक भा टया के जमा privilege passes तथा privilege passes के काउं टर फो लओ न बर नकलवाकर जो reservation करवाए गए िजस अ धकार /कमचार ने गोपनीय ववरण नकलवाने मे जो मदद अ ात यि त ी पी.के. ीवा तव क है उन पर शासन वारा क गई कायावाह क कापी क छाया त उपल ध करवाने क कृपा करे ।"Page 2 of 9
CIC/RAILB/A/2019/110794 The CPIO vide letter dated 07.01.2019, informed to Appellant as under:
"In this regard, it is stated that your complaint dated 12.10.2018 pertained to North Central Railway, hence the same has been forwarded to GM/Vigilance, North Central Railway/Allahabad alongwith its enclosures vide this office letter No. 2018/VSS/NCR/C-1/45 Deem Fit dated 01.01.2019 for taking action as deemed fit at their end. "
Being dissatisfied, the Appellant filed a First Appeal dated 18.01.2019. The First Appellate Authority vide order dated 08.02.2019, informed as under:
"Kindly refer to your appeal vide letter dated 18.1.2019 (registered in this office on 30.01.2019), against non-receipt of reply to your RTI application.
2.0 Your appeal is regarding non-receipt of reply to your RTI application dated 03.12.2018 (registered on 2.1.2019). In this connection, it is informed that your original RTI application has already been replied to vide this office letter No. MORLY/R/2019/00015 dated 7.1.2019 (copy enclosed). You were informed that your RTI application was transferred to CPIO/North Central Railway, Allahabad under section 6(3) of RTI Act, 2005, for furnishing the reply directly to you.
3.0 Since your original RTI application stands transferred to CPIO/North Central Railway, Allahabad, your appeal is also being transferred to the SDGM & Appellate Authority, North Central Railway, Allahabad under section 6(3) of RTI Act, 2005 for taking appropriate action in the matter.
4.0 Further information in this connection may, therefore, be obtained from the SDGM & Appellate Authority, GM Office,North Central Railway, Subedar Ganj Allahabad - 211 033."
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. She requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent. She also requested the bench to award Compensation.Page 3 of 9
CIC/RAILB/A/2019/110794 Submissions made by Appellant and Respondent during Hearing:
The Appellant and the representative of the Appellant referring to their written submission dated 17.03.2021 stated as under:
"... The truth of the whole matter is being transmitted by me according the written submission are as follows:-
A. That Dy. FA&CAO (MLR), NCRailway Jhansi has informed vide office letter No. JHS/AC/WS/AKB/2018 dated 24.10.2018 (Copy enclosed with written submission as Annexure-I) mentioning that on PMOPG ID No. PMOPG/D/2015/0275240 dated 19.11.2015. Anonymous/Pseudonymous complaint was received in the office which was forwarded to FA&CAO, HQ Office NCR Allahabad vide its letter no. JHS/AC/WS/Admn./PG Portal dated 05.01.2016... for needful action & its outcome is already uploaded accordingly by that office on PMOPG Portal/Grievance. After getting the matter inquired from Vigilance Cell, NC Railway Allahabad further disciplinary action is in process.
B. That FA&CAO Office NC Railway Allahabad forwarded the Anonymous/Pseudonymous complaint to Dy. CVO (Store) Vigilance Cell North Central Railway Allahabad/PRAYAGRAJ with advice to arrange investigation on the Complaint sent by Dy. FA&CAO (MLR) NC Railway Jhansi against Shri Ashok Bhatia the then AA/WAO/JHS regarding misuse of privilege passes vide FA&CAO's Office NC Railway Allahabad letter no. 2015/NCR/Dy.FA&CAO/G/Complaint/Genl. Dated 13.01.2016. Mentioning that on PMOPG Portal vide PMOPG ID No. PMOPG/D/2015/02575240 dated 19.11.2015 by FA&CAO Office NCR Allahabad...
C. An Anonymous/Pseudonymous complaint having caption "Ek Jimmedar lekha Karmchari Karkhana lekha karyalaya Uttar Madhya Rail, Jhansi"Dated 07.11.2015 Received in PMO Office Dated 19.11.2015 vide Registration No. PMOPG/D/2015/0257240. My husband was directed to the Vigilance cell Railway Board on 02.05.2016. for investigation. The result of the investigation conducted at the Railway Board level at the instance of Dy.CVO(S) Zonal Railway NCR Allahabad, it was found that after inquiry the case had been closed with the approval of the competent authority in terms of Director (Vigilance) Traffic Railway Board letter No. MORLY/R/2018/00386 dated 08.02.2018, Page 4 of 9 CIC/RAILB/A/2019/110794 pertaining the item Nos. 3 & 4 in my RTI Application dated 15.01.2018 (in 2nd Appeal vide Annexure-IX on Page No. 25 TO 27). D. It is pertinent to mention here that same case and same allegation, on one hand, the Zonal Vigilance Dy. CVO(Store)/NCR/Allahabad has directed my husband to attend the inquiry in Railway Board Vigilance Cell New Delhi vide its letter no. Vig/Dy.CVO/Store dated 27.04.2016 (Copy Enclosed with written submission as Annexure -II) as On the other hand, Workshop Account officer NC Railway Jhansi directed me to attend Zonal Vigilance Cell NC Railway Allahabad for vigilance inquiry vide its letter no. Ka/le/Jha/prasha/sa.pa. Dated 24.09.2016. (Copy Enclosed With written submission as Annexure -III) this shows that Vigilance NC Railway Allahabad did not wait for the report of Railway Board Vigilance.
E. However it is further submitted that the charages mentioned in Anonymous/Pseudonymous Complaint and the Charges framed in SF-5 recomonded by Zonal Vigilance Allahabad are same. As per law, when the same charges have already been dropped by Railway Board Vigilance (Higher to Zonal Vigilance) at preliminary stage, therefore there is no justification for the charge memorandum recommended by Zonal Railway Vigilance Allahabad. Also, Railway Board Vigilance has not issued any order to Zonal Vigilance OR any Authority of NC Railway Allahabad for issuing & Recomnded SF-5 major Charge Memorandum against my husband.
F. It will not be out of place to mention that in terms of Indian Railway Vigilance Manual 2018 Rule No. 601.1 it has a mention that no parallel investigation is to have resorted and must be avoided. That a Parallel investigation was instituted by the Zonal Railway Vigilance Allahabad whereas Zonal Railway Vigilance Allahabad was not competent to continue the parallel investigation on an Anonymous/Pseudonymous complaint making the misuse of Railway Board Guidelines in vogue and the investigation was continued on 26.09.2016 by Zonal Railway Vigilance Allahabad. As brought out in Indian Railway Board Vigilance Manual 2018 Rule 601.1 the Zonal Railway Vigilance bounds to hand over the concerned document to Railway Board Inspector which was not done to comply the instruction of Indian Railway Board Vigilance Manual 2018.Page 5 of 9
CIC/RAILB/A/2019/110794 G. That Zonal Vigilance Branch of NC Railway Allahabad on the recommended Charge Memo SF-5 Contravention of Rules on the subject. The Anonymous/Pseudonymous Complaint is the same which has been filed by the Railway Board, Yet Zonal Railway of Vigilance NCR Allahabad is not only disregardful attitude towards Railway Board Vigilance New Delhi but also disobedience of CVC guidelines & Circulars, 1st Circular No. 07/11/2015 Dated 25th November 2014, 2nd Circular No. 03/03/2016 Dated 07th march 2016, 3rd Circular no. 12/09/20 Dated 24th Sept. 2020 and Railway Board letter no 2016/V- 1/CVC/1/3 Dated 05/04/2016.
H. It is note worthy to mention that the Appellant is the complainant and she has full right to know as to what the result of the complaint dated 12.10.2018 is and what Action has been Taken by the Vigilance Department against the corrupt elements."
Shri Jagadish Pandey submitted that the original RTI Application was addressed to the Central Vigilance Commission and an initial reply was provided on 07.01.2019, wherein the Appellant was informed that the complaint dated 12.10.2018 pertained to North Central Railway and the same was forwarded to the GM/Vigilance, North Central Railway alongwith all the enclosures vide office letter no. 2018/VSS/NCR/C-1/45 Deem Fit dated 01.01.2019 for taking action as deemed fit at their end. He further submitted that the First Appellate Authority has also disposed off the First Appeal on 08.02.2019.
Shri Brijesh Kumar Mishra reiterated the contents of his written submission dated 24.03.2021.
A written submission has been received by the Commission from Smt. Madhusmita Patra, CPIO and Director Vigilance(Traffic) vide letter dated 24.03.2021, wherein she has explained facts and circumstances of the present case alongwith relevant enclosures.
Page 6 of 9CIC/RAILB/A/2019/110794 A written submission has been received by the Commission from Shri Brijesh Kumar Mishra, PIO-Vigilance/NCR and Dy. CVO/T/NCR vide letter dated 24.03.2021, wherein he has stated as under:
Page 7 of 9CIC/RAILB/A/2019/110794 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent has provided adequate information to the Appellant, the action taken on 28.02.2018 and 24.03.2019 has not been provided to the Appellant. Hence, the Commission finds it expedient to direct the present CPIO, Railway Board, RTI Cell, New Delhi to provide a copy of the action taken report dated 28.02.2018 and 24.03.2019, pertaining to the subject-matter of the instant case. In the event if the said action taken report is not available with the CPIO, Railway Board, RTI Cell, New Delhi, he shall invoke Section 5(4) of the RTI Act and obtain the relevant records from the concerned Section/Department/Branch and provide a copy of the same to the Appellant, with a copy marked to the Commission, within 30 days from the date of receipt of this order.
With the above observations, the instant Second Appeal is disposed of.Page 8 of 9
CIC/RAILB/A/2019/110794 Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अ मता पांडव)
Information Commissioner (सच ू ना आयु त)
दनांक / Date: 03.05.2021
Authenticated true copy
(अ भ मा णत स या पत त)
B. S. Kasana (बी. एस. कसाना)
Dy. Registrar (उप-पंजीयक)
011-26105027
Addresses of the parties:
1. The First Appellate Authority (FAA)
/Executive Director
Vigilance (Traffic), Railway Board,
RTI Cell, Ground Floor, Rail Bhawan,
New Delhi-110001
2. The Central Public Information Officer,
/CPIO-120 & Director,
Vigilance (Traffic)-II, Railway Board,
RTI Cell, Ground Floor, Rail Bhawan,
New Delhi-110001
3. The Central Public Information Officer,
/Dy. CVO (Engg.), North Central Railway,
Head Quarter Office, Vigilance Branch,
Subedar Ganj, Allahabad-211015
4. Smt. Mamta Bhatia
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