Central Information Commission
Badal Kanti Sengupta vs Ministry Of Railways (Railway Board) on 23 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/MORLY/A/2023/116623
Badal Kanti Sengupta .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
DDE (N) & CPIO, Railway Board,
Rail Bhawan, New Delhi-110001. ....प्रनर्वािीगण /Respondent
Date of Hearing : 16.08.2024
Date of Decision : 22.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 02.12.2022
CPIO replied on : 12.12.2022
First appeal filed on : 27.12.2022
First Appellate Authority's order : 11.10.2023
2nd Appeal/Complaint dated : 11.04.2023
Information sought:
The Appellant filed an RTI application dated 02.12.2022 seeking the following information:
I the undersigned earlier served in Central Government Office now retired as a Commercial Supervisor Post in Western Railway of Mumbai Division. In Indian Railway the Grade Pay of Class III Staff of Non- Essential Supervisory Category is more than the Grade Pay of Class III Staff of Essential Supervisory Category. So in view of the above fact the following information are required by undersigned.Page 1 of 6
1. There are 11 Departments in Indian Railway, which of these Department are classified as Essential Category and Non Essential Category.?
2. The Staff of which Departments are classified as Frontline Staff and Non Frontline Staff?
3. With effect from which date Pay Scale of Class III Staff of Accounts Department were upgraded from Rs.5000-150-8000 to Rs.5500-175- 9000?
4. With effect from which date the Pay Scale of Class III Staff of 10 Departments wise (Excluding Accounts Department) were upgraded from Rs.5000-150-8000 to Rs.5500-175-9000?
5. With effect from which date the Grade Pay in Scale of Rs.9300 to 34800 of Class III Supervisory Staff of Accounts Departments were upgraded to Rs.4800/-?
6. With effect from which date the Grade Pay in Scale of Rs.9300 to 34800 of Class III Supervisory Staff of Accounts Department were upgraded to Rs.5400/-?
7. With effect from which date the Grade Pay in Scale of Rs.9300 to 34800 of Class III Supervisory Staff of 10 Departments wise (Excluding Accounts Department) were upgraded to Rs.4800/-?
8. With effect from which date the Grade Pay in Scale of Rs.9300 to 34800 of Class III Supervisory Staff of 10 Department wise (Excluding Accounts Department) were upgraded to Rs.5400/-?
9. Whether the Pay Scale and Grade Pay of Class III Supervisory Staff of all the Departments should be equal on the Principle of Equal Pay for Equal Work? Copy of Notification/Circular etc. enforced and Circulated by the Ministry of Labour, Ministry of Railway, Ministry of Finance and Ministry of Law etc. may kindly be provided to undersigned.
10. What is the minimum Qualification required for the selections of Accounts Clerk and Junior Clerk in Accounts Departments? Whether the Staff of said posts on further promotions are entitled for Grade Pay of Rs.4800/- and Rs.5400/- in Supervisory Post? If yes then which Departmental Exams they have to clear for selection in Supervisory Post?
Further whether they are entitled for promotion in Grade Pay Rs.4800/- and Rs.5400/- through Graduate quota?
11. Personnel Department is the Pay/Salary Drawing Authority of all the 9 Departments of Indian Railway with exception of Accounts Department and Security Department, Hence under which Provision and Policy of Indian Railway Establishment Manual etc, the Personnel Department are not authorized to draw Salary of Staff of Accounts Department and Security Department?
12. In Division office, Zonal Headquarter office and Railway Board office New Delhi the Staff of Accounts Department does not comes under the Page 2 of 6 administrative control of co-ordinating officers i.e DRM, GM and CRB respectively, but comes under the administrative control of Sr. DFM, Principle FA & CAO and Member of Finance/Financial Commissioner respectively. Hence under which provision and policy they are under the administrative control of the said officials?
13. During train Accident, Derailment, Dis-Organised of train service, Flood, Natural Calamities etc. which Departments (out of 11 Departments) in preferably in preferential order plays an unlimited, Main, Important and Crucial Role for restoration of train service and rendering better and sound services to the passengers. Further which other Departments (out of 11 Departments) has no role and has limited/Minor role in view of the above fact for restoration of train service and service to the passengers?
14. During Strike by the Staff of various Departments it has entirely crippled and adversely affected the Service of Railway and it's Earning in the form of Revenue. Hence the Staff of which Departments (out of 11 Departments) are held responsible for the above facts which leads to dis- organised of train Service and loss of Railway Revenue?
15. The Staff of which Departments (out of 11 Departments) when goes on strike will not adversely affect the train Service nor the loss of Railway Revenue?
16. The Essential Staff which are the Frontline staff and the backbone of Indian Railway. Whether it would be wise, factual, and sound that the Pay Scale and Grade pay of Essential Staff should be more than the Pay Scale and Grade Pay pf Non Essential Staff? Copy of Notification/Circular etc. enforced and circulated by the Ministry of Labour etc. may kindly be provided to undersigned.
17. The Grade Pay of promotee Class II Officers of Ranker Quota (i.e. ACM, APO etc) are Rs.4800/-, whereas the Grade Pay of Sr.SO which is the Class III Staff of Accounts Department are Rs.5400/-. Since it is an Anomaly, hence which para of IREM and para of Labour Act has been violated?
18. Whether the Anomaly Committee's Report of VI Pay Commission and VII Pay Commission has been finalised? If yes then kindly provide the same in Material form.
In view of the above it is requested to kindly provide the information sought in material form wherever it is applicable as per Rules, Notification and Circular from Serial No. 1 to 18.
The CPIO furnished a reply to the Appellant on 12.12.2022 stating as under:
I am to refer to your Request for Information under RTI Act 2005, received vide letter dated 09/12/2022 and to say that Item No. 2 (Part)-A Page 3 of 6 copy of Railway Boards letter dated 22.01.2021 which is self-explanatory, is enclosed. Further, answering of questions or Clarification/Interpretation of rules/instructions is not admissible under RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 27.12.2022. The FAA vide its order dated 11.10.2023 had upheld the reply given by the CPIO.
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 Video-Conference. Respondent: Shri Dipak Kumar Biswas, DD (PG) & Nodal APIO, Shri Naveen Kumar, DDE, Shri Vibhuti Narain Singh, Deputy Director, Pay Commission-III and Shri Sanjay Kumar, DDE (N), all present in person.
Written submissions of the Appellant and the Respondent are taken on record.
The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that till date complete and correct information has not been provided to him by the Respondent. He elaborated that no information has been provided to him by the Respondent on point Nos. 1, 9, 12, 16 and 17 of the RTI application.
The Respondent while defending their case inter alia submitted that complete point-wise reply/information as per the documents available on record has been provided to the Appellant.
Upon being queried by the Commission, the Respondent submitted that the Appellant has not sought any information on point Nos. 16 and 17 of the RTI application.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Page 4 of 6 Appellant is aggrieved that information on point Nos. 1, 9, 12, 16 and 17 of the RTI application has not been provided to him by the Respondent till date.
With respect to point Nos. 1 and 12 of the RTI application, the Appellant has sought specific information, but the Respondent has not given categorical response to him. In view of this, the Respondent is directed to provide categorical information to the Appellant on point Nos. 1 and 12 of the RTI application. If the information sought pertains to some other department/PIO, then the Respondent is directed to take assistance under Section 5(4) of the RTI Act to collect information, from the concerned CPIO, as sought in the RTI application and provide reply/information to the Appellant.
With respect to point Nos. 9 and 17 of the RTI application, the queries raised by the Appellant is based on conjectures and has sought clarification from the PIO which concededly does not conform to Section 2(f) of the RTI Act per se. IN view of this, the Respondent is directed to give categorical reply to the Appellant on point Nos. 9 and 17 of the RTI application.
With respect to point No. 16 of the RTI application, the Respondent, during the hearing informed that no such information in this regard is available in their records. In view of this, the Respondent is directed to inform the said factual position in the matter to the Appellant on point No. 16 of the RTI application.
The above directions of the Commission should be complied within a period of four weeks from the date of receipt of this order.
The FAA is directed to ensure compliance of this order.
The Commission further noted that the RTI application of the Appellant was transferred from one PIO to another and many of the PIOs has given online response that "this is not a reply to your RTI application as none of the issues raised by you pertain to the jurisdiction of the undersigned." and vide this reply, they have closed the RTI application. The said practice of the PIO is not at all acceptable under the RTI Act. This should be viewed seriously within the department.
The Zonal Head of the Department is directed to look into the matter and to sensitize their officials regarding the provisions of RTI Act by way of training workshops etc. and putting in place a coherent system of checks and balances.Page 5 of 6
In pursuance of the aforesaid advisory, the CPIO is directed to place a copy of this order before their competent authority for taking appropriate action.
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 Copy To:
The FAA, Railway Board, Rail Bhawan, New Delhi - 110001.Page 6 of 6
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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