Central Information Commission
P Chatterjee vs Northeast Frontier Railway (Guwahati) on 22 April, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/NFRLG/A/2023/104480
P Chatterjee .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
GM(Mech) Northeast Frontier
Railway Headquarters
Office Maligaon, Guwahati,
Assam - 781011 ....प्रनर्वािीगण /Respondent
Date of Hearing : 18-04-2024
Date of Decision : 19-04-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 24-08-2022
CPIO replied on : 03-11-2022
First appeal filed on : 12-10-2022
First Appellate Authority's order : 04-11-2022
2nd Appeal/Complaint dated : 16-01-2023
Information sought:
The Appellant filed an RTI application dated 24-08-2022 seeking the following information:Page 1 of 6
"1. NFR has opened PL. Nos. 30321311 and 30664N001 for SLPR Brake Gear Bush no. 15 as per ICF drawing, please provide certified copies of file noting and authorization letter for opening of these 2 PL. Nos.
2. Kindly inform the reason for opening of these 2 PL. Nos. for Bush no. 15 as per ICF drawing with SLPR bush only, when equivalent HPPA bushes is also available for same end use confirming to same ICF drawing.
3. NFR is concluding orders for set of bushes for brake rigging consisting bush nos. 2, 3, 7, & 11 as per RDSO drg. no. 81039 for its POH requirement giving option of SLPR and HPPA material bushes. Kindly confirm whether bush no. 7 as per RDSO drg. no. 81039 with HPPA material is equivalent to bush no. 15 as per ICF drg. with SLPR material. If yes, kindly inform reason not to include HPPA bush while opening PL. Nos. 30321311 and 3066N001.
4. Please find enclosed RDSO letter dt. 14-7-2015 placing SLPR and HPPA bushes at par for procurement action of brake gear bushes, earlier RDSO has advised in pursuant to Railway Board (RB) letter dt. 07-04-2011 (copy enclosed) the procurement policy to be adopted was on 50% - 50% basis for SLPR and HPPA bushes. Kindly inform whether for procurement of Brake gear Bushes the advice issued by RDSO in 2011 & 2015 was followed and if yes please inform the PL. Nos. and authorization letter copy.
5. Kindly inform financial year wise quantity of bush no. 15 as per ICF drawing with SLPR material procured since the opening of Pl. Nos. 30321311 and 30664N001, this please be provided in tabulated form duly certified.
6.Please find enclosed RDSO letter dt. 14-7-2015 and CME conference Minutes of Meetings of 5/6-5-2017 and 18/19-1-2018, the bush no. 15 as per ICF drawing with SLPR material procured if any by operating PL. Nos. 30321311 and 30664N001 are to be called under Warranty Replacement free of cost. Kindly inform the reason for opening of these 2 PL. Nos. when the same is to be called under warranty replacement.
7. As per RDSO letter dt. 14-7-2015 SLPR and HPPA bushes are to be treated at par in tender nomenclature and NFR is following the same since 2015 for its POH requirement tenders, kindly inform action taken if any for inclusion of HPPA bushes in the nomenclature of PL. Nos. 30321311 and 30664N001 and provide certified copies if action taken.
8 As the Bush procured under PL. Nos. 30321311 and 30664N001 (since the opening of Pl. Nos.) are to be called under warranty replacement as per RDSO Page 2 of 6 letter dt. 14-7-2015 and CME conference document mentioned at (6) above, kindly inform the monetary value of total bushes procured till date through these 2 PL. Nos. and action taken if any to quantify loss in public fund as per policy mentioned In General Finance Rule '2017.
9. Kindly inform whether opening of PL. Nos. 30321311 and 3066N001 as per RDSO letter dt. 14-7-2015 and Minutes of Meeting of CME conference documents mentioned above is justified, as the same is to be called under warranty replacement. If not justified then kindly inform action taken if any to close these 2 PL. Nos. and provide copy.
10. Whether the items under PL. Nos. 30321311 and 30664N001 are same as per ICF drawing for SLPR bushes including end use. If the answer is yes, kindly inform the reason for opening of multiple PL. Nos. for same item with same end use. Whether NFR is aware that opening of multiple PL. Nos. for same item is prohibited.
11. Please inform the percentage of SLPR bush no. 15 found damaged prior to POH cycle necessitating opening of PL. Nos. 30321311 and 3066N001 for procurement.
12. Please inform year wise number of coaches POH done by NFR from 2015-16 to 2021-22 for ICF designed Main line BG coaches using SLPR and HPPA bushes for brake rigging.
13. Estimated monthly consumption of Bush no. 15 (SLPR) and stock held in stores & in workshop inventory kindly be informed.
14. Life cycle of SLPR bush No. 15 procured held in stock."
The CPIO furnished a point-wise reply to the Appellant on 03-11-2022 stating as under:
"1. Regarding PL No. 30321311, document is enclosed as Annexure- 1 (letter No. M-65/ARD/Pt-VIII(C&W) dtd 28.11.2018). No information regarding the PL No. 30664N001 is available.
2. Asking reason / why is beyond the purview of RTI Act.
3. Asking reason / why is beyond the purview of RTI Act.Page 3 of 6
4. Procurement was made as per old specification 2018. Available document is enclosed at Annexure-l Jetter No. M-65/ARD/Pt-VIII(C&W) did 28.10.2016).
5. Procurement is done by Stores Department and information may be available with them.
6. Asking reason / why is beyond the purview of RTI Act.
7. Procurement was made as per old specification till 2018. Available document is enclosed at Annexure-l (letter No. M-65/ARD/Pt-VIII(C&W) dtd 28.11.2018).
8. Procurement is done by Stores Department and information may be available with them.
9. This is beyond the purview of RTI Act.
10. This is beyond the purview of RTI Act.
11. This formation is not available in this office.
12. Year wise number of coaches POH done by NFR from 2015-16 to 2021- 22 for ICF coaches as per office records is given below:
Year No. of Coaches
2015-16 1379
2016-17 1458
2017-18 1440
2018-19 1314
2019-20 1324
2020-21 1106
2021-22 949
Information regarding use of SLPR and HPPA bushes оп these coaches is not available in this office.
13. No information is available for estimated monthly consumption of bush no. 15 (SLPR). However, documents related to brake Gear Bush to PL No. 30321311 printed from IMMIS is enclosed at Annexure-II.
14. No information towards life cycle is available in this office. Spec. No. C- K- 605 states following regarding warranty-Page 4 of 6
"9.1 The bushes supplied against an order shall bear a warranty of the contractor against defective material/workmanship and performance for minimum period of 24 months from the date of supply oг 18 months from the date of fitment xxxxxxx is earlier. In case, any xxxxx/breaks or worn out (ID of this xxxxx is increased by more that 25 mm in any direction) within the month s of service, it shall be replace any new one free of cost xxxxx 60 days of receipt of information."
Being dissatisfied, the appellant filed a First Appeal dated 12-10-2022. The FAA vide its order dated 04-11-2022, held as under:-
"In reference to above, the information regarding above appeal has been sent to yours vide this office letter no. No. M-III/RTI Act/2005/Pt.VI(G) dated 03.11.2022.
However, copy of the reply is being sent again for your reference."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri Luskar Baro, Deputy Chief Mechanical Engineer and CPIO, attended the hearing through VC.
The Appellant did not participate in the hearing despite being served the hearing notice in advance.
The Respondent submitted that an adequate and point-wise reply based on available records has been furnished to the Appellant vide letter dated 03.11.2022.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that a sufficient reply has been provided by the Respondent which is upheld. It is noted that the same has been given beyond stipulated time frame as per the provisions of RTI Act.Page 5 of 6
Therefore, the Respondent is cautioned to act strictly within the precincts of the RTI Act and observe the timelines scrupulously and punctually, in future.
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- 26181827 Date Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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