Central Information Commission
Satya Priya Bhowmik vs South Eastern Railway (Kolkata) on 29 April, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/SERLK/A/2023/608324
Satya Priya Bhowmik .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
SOUTH EASTERN RAILWAY DRM
BUILDING, KHARAGPUR, WEST
BENGAL - 721301 ....प्रनर्वािीगण /Respondent
Date of Hearing : 25-04-2024
Date of Decision : 26-04-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 21-09-2022
CPIO replied on : 12-10-2022
First appeal filed on : 07-11-2022
First Appellate Authority's order : 29-11-2022
2nd Appeal/Complaint dated : Nil
Information sought:
The Appellant filed an RTI application dated 21-09-2022 seeking the following information:Page 1 of 5
"Most humbly I beg to draw your kind attention to the fact that during my induction training as RPF Constable which I subsequently resigned for which I have to deposit Rs.99894/-(copy enclosed) wherein my ex batch mate/colleague who also joined for training and subsequently resigned deposited only Rs. 86958/ The details are given below:
Name Shri. Satya Priya Bhowmik Shri Som Nath Upadhyay
Date of Joining 16.03.2020 16.03.2020
Place of joining 8 Bn RPSF, Chittaranjan (W.B) 8 Bn RPSF, Chittaranjan
(W.B)
Resignation date 06.08.2020 30.09.2020
Amount deposited Rs.99,894/- Rs.86,958/-
In view of the above following information may kindly be provided to me
1. Justification for excess amount that I had deposited.
2. Calculation sheet for the same for both of us
3. Official documents based on which the above calculation arrived at."
The CPIO furnished a reply to the Appellant on 12-10-2022 stating as under:
"It is to inform you that necessary information sought for is available in the ASC-Cum-Vice Pricipal/For IG-Cum-Director/RPF Zonal Trg. Institute/SER/KGP's letter No. RPF/ZTI/ KGP/ RTI/1212 dated 07.10.2022, photocopy of which is enclosed."
Being dissatisfied, the appellant filed a First Appeal dated 07-11-2022. The FAA vide its order dated 29-11-2022, held as under:-
"Your appeal has been reviewed, in reference to above and the requisite information as sought for duly communicated vide FIO & Sr. DPO/ KGP's letter No.SER/P-KGP/740/RTI/11248 (Appeal) dated 23/11/2022 in prescribed format containing (02 pages) are enclosed herewith for your ready reference.
This is for your information."
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 VC.Page 2 of 5
Respondent: Smt. Pampa Das, Assistant Personnel Office and APIO, attended the hearing through VC.
The Appellant stated that he is not satisfied with the reply provided by the Respondent qua the instant RTI Application. He added that half month's stipend also was not paid to him for which he has filed the RTI Application. He further added that he has not received any written submission dated 18.04.2024 from the Respondent.
The Respondent submitted that a sufficient reply qua the instant RTI Application has been provided to the Appellant vide letter dated 12.10.2022 and 18.04.2024. She added that the Appellant at the time of his resignation was undergoing initial training at 8th Battalion RPSF/Chittaranjan and amount deposited by him before resignation was calculated by the establishment section of 8th Battalion RPSF/Chittaranjan which entirely a different department and since their office has neither issued order of acceptance of his resignation nor assessed the amount paid by him, no relevant information is available in their records. She further advised the Appellant to file RTI Application before the concerned establishment i.e. Senior Commandant, 8BN/RPSF/Chittaranjan.
A written submission has been received from Ms. Shreya Shandilya, CPIO and Senior DPO, vide letter dated 18.04.2024, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"In response to the Notice of Hearing issued in the file bearing No.CIC/ SERLK/A/2023/113367 dated 03.4.2024, in respect of RTI application dated 21.09.2022 of Sri Satya Priya Bhowmik, hard copy of which has been received by this office on 09.04.2024, the following lines are laid down for your kind perusal and consideration please.
That, the hearing on Video conference of said CIC case of Sri Satya Priya Bhowmik has been fixed to be held on 25.04.2024 at 10:45 A.M. at the venue of NIC Studio: NIC, Collectorate Compound, Paschim Medinipur (Near LIC More), 1st floor, New Administrative Building, District- Paschim Medinipur-721101, West Bengal (Photocopy of Notice of Hearing dated 03.04.2024 is enclosed). That, in compliance to the Notice of hearing cited above, it is to state that Sri Satya Priya Bhowmik has submitted offline RTI request dated 21.09.2022 (Photocopy enclosed) which was replied upon by the PIO & Sr. DPO/KGP/S. E. Railway vide this office letter No.SER/P- KGP/740/RTI/11173 dated 12.10.2022 (Photocopy enclosed).Page 3 of 5
Here, it is pertinent to mention that the information sought for in the RTI request dated 21.09.2022 of Sri Satya Priya Bhowmik regarding amount deposited by him on his resignation from railway service w.e.f. 06.08.2020 in comparison to another contemporary staff resigned w.e.f. 30.09.2020 are "1. Justification for excess amount that I had deposited, 2. Calculation Sheet for the same for both of us & 3. Official documents based on which the above calculation arrived at".
Accordingly, as per information provided by ASC-Cum-Vice Principal, RPF/Zonal Trg.Institute/KGP PIO & Sr.DPO/KGP has given reply to the above RTI request dated 21.09.2022, vide this office letter No.SER-P/KGP/RTI/11173 dated 12.10.2022 (Photocopy along with its enclosure are enclosed).
Thereafter, Sri Bhowmik has preferred First Appeal dated 07.11.2022 to FAA&ADRM/KGP, which has also been disposed vide Appellate Order No.ADRM/KGP/RTI/ Appeal/1344/Reply dated 29.11.2022 (Photocopy along with its enclosure are enclosed).
In the above context, it is to mention here that from ASC-Cum-Vice Principal, RPF/Zonal Trg.Institute/KGP's letter vide No.RPF/ZTI/KGP/RTI/1369 dated 21.11.2022 (Photocopy enclosed) it reveals that the applicant at the time of his resignation was undergoing initial training at 8th Battalion RPSF/Chittaranjan and amount deposited by him before resignation was calculated by the establishment section of 8th Battalion RPSF/Chittaranjan and RPF/ZTI/KGP's office neither issued order of his resignation nor assessed the amount paid by him. As such, the applicant had already been advised vide letter No. RPF/ZTI/KGP/RTI/1369 dated 21.11.2022 by ASC-Cum- Vice Principal, RPF/Zonal Trg./Institute/KGP that the he may approach "Sr. Commandant, 8BN/RPSF/Chittaranjan (TS), Salanpur, Distt-Bardhman, Pin-713365, West Bengal", which was also accompanied with the FAA's order No. ADRM/KGP/RTI/Appeal/1344/Reply dated 29.11.2022 issued by FAA & ADRM/KGP. However, the applicant might have not approached the concerned authority and filed the second appeal.
Further, a copy of letter vide no. 8BN/STC/2020-2943 dated 30.09.2020 issued in favour Shri Som Nath Upadhyay S/o Mishri Lal Upadhyay by ADJUTANT, 8BN/RPSF/CRJ and a copy of letter vide no. 8BN/STC/2020-2184 dated 06.08.2020 issued in favour of Shri Satyapriya Bhowmik S/o Late Dilip Kumar Bhowmik by ADJUTANT, 8BN/RPSF/CR regarding deposit of amount on resignation are enclosed for kind ready reference please.
Submitted for kind consideration of the above and the instant CIC case of Sri Satya Priya Bhowmik may please be treated as complied with."
Decision:
Perusal of records of the case reveals that an adequate reply in terms of the provision of the RTI Act has been provided to the Appellant and the Commission upholds the same. The written submission dated 18.04.2024 filed by the Respondent is comprehensive but a copy of the same has not been sent to the Appellant and accordingly the Respondent is directed to send the same Page 4 of 5 along with relevant annexures to the Appellant's email, within two weeks of receipt of this order.
The Appellant is advised to approach the concerned establishment as advised by the Respondent during the hearing.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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