Central Information Commission
Pabitra Kumar Maity 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/2023/108403
Pabitra Kumar Maity .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
South Eastern Railway, Office
of the DRM (P), 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 : 05-09-2022
CPIO replied on : 12-09-2022
First appeal filed on : 28-09-2022
First Appellate Authority's order : 27-10-2022
2nd Appeal/Complaint dated : 25-01-2023
Information sought:
The Appellant filed an RTI application dated 05-09-2022 seeking the following information:
"Mr. Dibakar Koley, Retd. LP(Goods)/KGP, PPO No. 20217070100243, Emp. No. 50714100061, Retired on 31-05-2021, had regularly drawn Rs 1000/- with his pension amount though he had availed medical facility from Defence personnel, but I am deprived the same."
The CPIO furnished a reply to the Appellant on 12-09-2022 stating as under:
"Information sought for is purely personal detail pertaining to concerned retired employee who happens to be a third party. Moreover, no public interest to be Page 1 of 5 involved in this case. Hence, the case is exempted under section 8(1)(j) of RTI Act. 2005 to disclose.
Further, it appears that your case is of a grievance one as such you may lodge your grievance at the proper forum in Railway."
Being dissatisfied, the appellant filed a First Appeal dated 28-09-2022. The FAA vide its order dated 27-10-2022, held as under:-
"Your appeal has been reviewed, in reference to above and the requisite information as sought for duly communicated vide PIO & Sr. DPO/KGP's letter No.SER/P- KGP/740/RTI/11188(Appeal) dated 13/10/2022 in prescribed format containing (04 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 Respondent: Smt. Pampa Das, Assistant Personnel Office and APIO, attended the hearing through VC.
The Appellant stated that he has not received the relevant information as sought in the instant RTI Application. He further added that he has not received any written submission dated 18.04.2024 from the Respondent.
The Respondent submitted that the Appellant has raised his grievance in the RTI Application for which their office vide letter dated 18.04.2024 has informed the Appellant as under:
"Sri Pabitra Kumar Maity has been exempted from mandatory contribution of RELHS since he had already enrolled with other Central Government Medical Scheme in terms of Railway Board's letter dated 31.07.2018. Since, RELHS exemption is extended on the basis of already availing Medical facility (Outdoor + Indoor) from other Central Government Medical scheme as a Retired Defence Personnel. As such, the FMA was not sanctioned correctly in favour of Sri Pabitra Kumar Maity by the Pension Sanctioning Authority. However, it is to mention that the case of FMA (Fixed Medical Allowance) of Mr. Dibakar Koley, Retd. LP, retired on 31.05.2021, has been examined by the pension sanctioning authority and it is found from his Air Force PPO that he was already granted Medical Allowance from their end @ Rs. 100/- per month w.e.f. on 01.04.2000. Hence, Associate Accounts of Kharagpur Division, S. E. Page 2 of 5 Railway has already been requested to stop FMA of Mr. Koley and also to arrange for necessary recoveries of the paid FMA amount, vide this office letter dated 18.04.2024."
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/2023/108403 dated 03.4.2024 by Hon'ble CIC/NDLS, in respect of RTI Application dated 05.09.2022 of Sri Pabitra Kumar Maity, 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 Pabitra Kumar Maity has been fixed to be held on 25.04.2024 at 10:35 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 Pabitra Kumar Maity has submitted offline RTI request dated 05.09.2022 (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/11138 dated 12.09.2022 (Photocopy enclosed). Here, it is pertinent to mention that the information sought for in the RTI request dated 05.09.2022 of Sri Pabitra Kumar Maity is "Mr. Dibakar Koley, Retd. LP (Goods)/KGP, PPO No. 20217070100243, Emp. No. 50714100061, Retired on 31.05.2021, had regularly drawn Rs 1000/- with his pension amount though he had availed medical facility from Defence personnel, but I am deprived the same." In this connection it is to mention that the information sought for by the applicant related to Mr. Dibakar Koley, Retd. LP (Goods)/KGP, PPO No. 20217070100243, Emp. No. 50714100061, Retired on 31.05.2021 is purely personal details pertaining to concerned retired employee who happens to be a third party. Moreover, no public interest to be involved in this case. Hence, the same is exempted under Section 8(1)(j) of RTI Act.2005 from disclosure which has already been communicated vide aforementioned this office letter No.SER/P- KGP/740/RTI/11138 dated 12.09.2022.
Simultaneously, as his case appeared to be a grievance, he was advised also to lodge his grievance at the proper forum in railway. But till date no such grievance has been found to be lodged by him in Grievance Cell of this office. From the above, it is clear that earlier reply given vide this office letter No.SER/P-KGP/740/RTI/11138 dated 12.09.2022 still stands good.
Further, it is to mention that Sri Pabitra Kumar Maity has been exempted from mandatory contribution of RELHS since he had already enrolled with other Central Government Medical Scheme in terms of Railway Board's letter dated 31.07.2018(Photocopy enclosed).
Page 3 of 5Since, RELHS exemption is extended on the basis of already availing Medical facility (Outdoor + Indoor) from other Central Government Medical scheme as a Retired Defence Personnel. As such, the FMA was not sanctioned correctly in favour of Sri Pabitra Kumar Maity, Ex-LP(Goods)/SRC by the Pension Sanctioning Authority. However, it is to mention that the case of FMA (Fixed Medical Allowance) of Mr. Dibakar Koley, Retd. LP (Goods)/KGP, PPO No. 20217070100243, Emp. No. 50714100061, Retired on 31.05.2021, has been examined by the pension sanctioning authority and it is found from his Air Force PPO that he was already granted Medical Allowance from their end @ Rs. 100/- per month w.e.f. on 01.04.2000. Hence, Associate Accounts of Kharagpur Division, S. E. Railway has already been requested to stop FMA of Mr. Koley and also to arrange for necessary recoveries of the paid FMA amount, vide this office letter No. SER/P-KGP/Sett/657/FMA/DK/2024 dated 18.04.2024 (photocopy enclosed).
Submitted for kind consideration of the above and the instant CIC case of Sri Pabitra Kumar Maity 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 and self-explanatory as such but a copy of the same has not been received by the Appellant and accordingly the Respondent is directed to send the same along with relevant annexures to the Appellant through email, within two weeks of receipt of this order. The Appellant is advised to take appropriate steps to resolve his grievance, if any.
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 4 of 5 Copy To:
The FAA, South Eastern Railway, Office of the DRM (P), DRM Building, Kharagpur, West Bengal - 721301 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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