Central Information Commission
J Usha vs Ministry Of Railways (Railway Board) on 12 November, 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/2023/641470
CIC/SCRLS/A/2023/641461
CIC/SCRLS/A/2023/641455
J Usha .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Railway Board, Rail Bhawan,
New Delhi - 110001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 07.11.2024
Date of Decision : 11.11.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant
is common and subject-matter is similar in nature and hence are being
disposed of through a common order.
CIC/MORLY/A/2023/641470
Relevant facts emerging from appeal:
RTI application filed on : 06.04.2023
CPIO replied on : 16.05.2023
First appeal filed on : 01.06.2023
First Appellate Authority's order : Not on record
Page 1 of 13
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information:
"1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis.
S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of
Railway with PIN code of officer bile Nos. of the the
Unions/Mazdoor the Railway Bearers and Officers Railway
Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma
ons Sanghs/Association zdoor
s Sanghs/As
sociations
2. Please provide the below information of under all Railway Zones of Indian Railways on all India basis.
Total No of Railway Total No. of Railway Total No of Railway Total No. of Railway Family Pensioners Family Pensioneres Family pensioners Family pensioners covered under RELHS covered under RELHS covered under RELHS covered under RELHS
97. 97 with fixed Medical 97 without fixed 97 on all India basis, Allowance. Medical Allowance. who have been issued UMID card.
Total No. of Railway Total No. of Railway Family Pensioners Family Pensioners (unmarried (unmarried daughters / daughters/divorced divorced daughters) daughters) covered covered under RELHS under RELHS 97 to 97 to medical facility whom UMID card is despite eligible. is not issued despite denied being making requests.
3. Whether any circular was issued by the Railway Board to all the Railway Zones not to issue UMID card/ withdrawing Medical facility in Railway Hospitals to the Railway Pensioners (unmarried daughters / divorced daughters) covered under RELHS 97. If issued, please provide copy of the Circular issued by Railway Board.
4. Whether any circular was issued to all Railway Employees Unions/Mazdoor Sanghs/Associations on all India basis, seeking their opinion about proposal for withdrawing Medical facility in Railway Page 2 of 13 Hospitals to the Railway Pensioners (unmarried daughters/divorced daughters) covered under RELHS 97. If issued, please provide copy of the Circular issued by Railway Board.
5. Whether Railway Employees Unions/Mazdoor Sanghs/Associations on all India basis submitted their opinion / consent / objections/non- acceptance of the proposal for withdrawing Medical facility in Railway Hospitals to the Railway Pensioners (unmarried daughters/divorced daughters) covered under RELHS 97. If received, please provide copy of all the responses received on all India basis.
6. I am enclosing a copy of letter No.P(R)438/CHS/IV dated 29.04.2022 written by Chief Personnel Officer/Gaz, Personnel Department, South Central Railway, Secunderabad to the Secretary (Estt.), Railway Board, New Delhi.
(a) What is the status of the clarification sought by South Central Railway?
(b) Whether any clarification was issued by the Railway Board, New Delhi to South Central Railway, if issued, please provide copy of the clarification.
7.Whether any Judgement was issued by Central Administrative Tribunal (all Benches)/ High Courts (all High Courts) / Supreme Court, directing Railway Board / Railway Zones / any subordinate Railway Offices to issue UMID card/extension of medical facilities in Railway Hospital to Railway Pensioners covered under RELHS 97 (unmarried daughters/divorced daughters). If issued, please provide copy of the Judgement."
The CPIO furnished a reply to the Appellant on 16.05.2023 stating as under:
"The requisite information/response w.r.t. your application (Item No. 02 partial, 03 to 07 only) mentioned above is enclosed. The requisite information/response w.r.t. other parts of your application will be furnished by the concerned CPIOs of other Directorates."
The CPIO furnished a reply to the Appellant on 16.05.2023 stating as under:
"The information sought by the applicant (For Item No. 2 partial regarding total number of railway pensioners covered under RELHS only) is not available in this Office. The same pertains to more than one Public Authorities, Hence, the applicant is advised to obtain the same directly Page 3 of 13 from the concerned Public Authorities (Zonal Railways) in terms of Para 3(iii) of DoP&T's OM No.10/2/2008-IR dated 12.06.2008."
Being dissatisfied, the appellant filed a First Appeal dated 01.06.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/SCRLS/A/2023/641461 Relevant facts emerging from appeal:
RTI application filed on : 06.04.2023 CPIO replied on : 03.05.2023 First appeal filed on : 01.06.2023 First Appellate Authority's order : 03.07.2023 2nd Appeal/Complaint dated : NIL Information sought:
The Appellant filed an (offline) RTI application dated 06.04.2023 seeking the following information:
"1. Please provide the below information under Vijayawada Division of South Central Railway:
S.N Name of the Full postal Address Name of Telephone/Mobi Email ID of the o Railway with PIN code of the officer le Nos. of the Railway Unions/Mazdoor the Railway Bearers Officers bearers Unions/Mazdoor Sanghs/Associatio Union/Mazdorr and Sanghs/Associatio ns Sanghs/Associatio Designatio ns ns ns
2. Please provide the below information under Vijayawada Division of South Central Railway:
Total No. of Railway Total No. of Railway Total No. of Total No. of Railway Family covered RELHS Family covered Pensioners Railway Family Family covered
97. Pensioners under under RELHS 97 with Fixed covered Pensioners Pensioners under Medical Allowance. under RELHS 97 RELHS 97 on all India without Fixed basis, who have been Allowance. Medical UMID card issued Total No. of Railway Total No. of Railway Family covered Family Page 4 of 13 Pensioners under Pensioners (unmarried RELHS 97 on all India daughters basis, who have been / divorced daughters) UMID card issued Covered under RELHS 97 to medical Facility is denied being despite eligible.
4. Whether any circular was issued by the Railway Board to all the Railway Zones not to issue UMID card/ withdrawing Medical facility in Railway Hospitals to the Railway Pensioners (unmarried daughters / divorced daughters) covered under RELHS 97. If issued, please provide copy of the Circular issued by Railway Board.
5. Whether any circular was issued to all Railway Employees Unions/Mazdoor Sanghs/Associations under Vijayawada Division, seeking their opinion about proposal for withdrawing Medical facility in Railway Hospitals to the Railway Pensioners (unmarried daughters/divorced daughters) covered under RELHS 97. If issued, please provide copy of the Circular issued by Railway Board.
6. Whether Railway Employees Unions/Mazdoor Sanghs/Associations under Vijayawada Division submitted their opinion / consent / objections/non-acceptance of the proposal for withdrawing Medical facility in Railway Hospitals to the Railway Pensioners (unmarried daughters/divorced daughters) covered under RELHS 97. If received, please provide copy of all the responses received on all India basis.
7. I am enclosing a copy of letter No.P(R)438/CHS/IV dated 29.04.2022 written by Chief Personnel Ofifcer/Gaz, Personnel Department, South Central Railway, Secunderabad to the Secretary (Estt.), Railway Board, New Delhi.
(a) What is the status of the clarification sought by South Central Railway?
(b) Whether any clarification was issued by the Railway Board, New Delhi to South Central Railway, if issued, please provide copy of the clarification.
8. Whether any Judgement was issued by Central Administrative Tribunal (all Benches)/ High Courts (all High Courts) / Supreme Court, directing Railway Board / Railway Zones / any subordinate Railway Offices to issue Page 5 of 13 UMID card/extension of medical facilities in Railway Hospital to Railway Pensioners covered under RELHS 97 (unmarried daughters/divorced daughters). If issued, please provide copy of the Judgement."
The CPIO furnished a point-wise reply to the Appellant on 03.05.2023 stating as under:
"1. Information related to all Railway Unions/Associations in Vijayawada Division is voluminous and is available with the associations which is difficult to compile with limited resources. Hence you are advised to visit this office on any working day between 09.30 to 18.00 hrs. within 30 days with prior intimation and information will be provided as per your requirement as per RTI Act 2005.
2&3) Information related to all Railway Family Pensioners covered under RELHS 97 With/without FMA and UMID card in Vijayawada Division is voluminous and spread over many files and is difficult to compile with limited resources. Hence you are advised to visit this office on any working day between 09.30 to 18.00 hrs. Within 30 days with prior intimation and information will be provided as per your requirement as per RTI Act 2005.
4,5&6) Information sought is query/interrogative in nature and PIO is not supposed to give clarifications or create information or furnish opinion or give replies to hypothetical questions under RTI Act 2005.
7. Information not pertains to Vijayawada Division.
8. No such information available in this office."
Being dissatisfied, the appellant filed a First Appeal dated 01.06.2023. The FAA vide its order dated 03.07.2023, held as under:
"In connection to your appeal with reference to your RTI application seeking information under provisions of RTI Act 2005, it is informed that the reply provided by the CPIO/Sr.DPO/BZA is justified since you have sought information on various subjects distributed over different time periods which is spread over many files/sections and is voluminous and difficult to compile having limited manpower resources.Page 6 of 13
Hence, you are advised to visit this office on any working day between
09.30 to 18.00 hrs. within 30 days with prior intimation and information will be provided as per your requirement as per RTI Act 2005."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/SCRLS/A/2023/641455 Relevant facts emerging from appeal:
RTI application filed on : 06.04.2023 CPIO replied on : Not on record First appeal filed on : 01.06.2023 First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : NIL Information sought:
The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information:
"1. Please provide the below information under South Central Railway:
S.N Name of the Full postal Address Name of Telephone/Mobi Email ID of the o Railway with PIN code of the officer le Nos. of the Railway Unions/Mazdoor the Railway Bearers Officers bearers Unions/Mazdoor Sanghs/Associatio Union/Mazdorr and Sanghs/Associatio ns Sanghs/Associatio Designatio ns ns ns
2. Please provide the below information under South Central Railway:
Total No. of Railway Total No. of Railway Total No. of Railway Total No. of Railway Family covered RELHS Family covered Family covered Family covered
97. Pensioners under Pensioners under Pensioners under Pensioners under RELHS 97 with Fixed RELHS 97 without Fixed RELHS 97 on all India Medical Allowance. Allowance. Medical basis, who have been UMID card issued Total No. of Railway Total No. of Railway Family covered Family Pensioners under Pensioners (unmarried RELHS 97 on all India daughters basis, who have been / divorced daughters) UMID card issued Covered under Page 7 of 13 RELHS 97 to medical Facility is denied being despite eligible.
3. Whether any circular was issued by the Railway Board to all the Railway Zones not to issue UMID card/ withdrawing Medical facility in Railway Hospitals to the Railway Pensioners (unmarried daughters / divorced daughters) covered under RELHS 97. If issued, please provide copy of the Circular issued by Railway Board.
4. Whether any circular was issued to all Railway Employees Unions/Mazdoor Sanghs/Associations under South Central Railway, seeking their opinion about proposal for withdrawing Medical facility in Railway Hospitals to the Railway Pensioners (unmarried daughters/divorced daughters) covered under RELHS 97. If issued, please provide copy of the Circular issued by Railway Board.
5. Whether Railway Employees Unions/Mazdoor Sanghs/Associations under South Central Railway submitted their opinion / consent / objections/non-acceptance of the proposal for withdrawing Medical facility in Railway Hospitals to the Railway Pensioners (unmarried daughters/divorced daughters) covered under RELHS 97. If received, please provide copy of all the responses received on all India basis.
6. I am enclosing a copy of letter No.P(R)438/CHS/IV dated 29.04.2022 written by Chief Personnel Ofifcer/Gaz, Personnel Department, South Central Railway, Secunderabad to the Secretary (Estt.), Railway Board, New Delhi.
(a) What is the status of the clarification sought by South Central Railway?
(b) Whether any clarification was issued by the Railway Board, New Delhi to South Central Railway, if issued, please provide copy of the clarification.
7.Whether any Judgement was issued by Central Administrative Tribunal (all Benches)/ High Courts (all High Courts) / Supreme Court, directing Railway Board / Railway Zones / any subordinate Railway Offices to issue UMID card/extension of medical facilities in Railway Hospital to Railway Pensioners covered under RELHS 97 (unmarried daughters/divorced daughters). If issued, please provide copy of the Judgement."
Page 8 of 13Having not received any response from the CPIO, the appellant filed a First Appeal dated 01.06.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondents: Mr. P M Meena, Director (Health)/CPIO along with Mr. Saurabh Kr. Meena, ASO (Health), COFMOW, Delhi present in person. Mr. Sheikh Peer Babu, APO/Genl/HQ-cum-APIO, SC Railway, Secunderabad and Mr. M. Anirudh, APO/APIO, SC Rly, Krishna present through video-conference.
A written submission dated 04.11.2024 filed by Mr. Director (Health)/CPIO, COFMOW is taken on record, contents of the same are reproduced below for ready reference:
"In pursuance to Hon'ble CIC hearing notice cited under reference above, the undersigned is to state that the RTI Application MORLY/R/P/23/00660/3 dated 17.04.2023 was received in Health Directorate to furnish the reply on the items pertaining to Health Branch. Information available in Health Directorate, Railway Board was supplied to the applicant on 16.05.2023.
1" Appeal for items pertained to Health Directorate, Railway Board received in Health Branch. Reply of first appeal was furnished to appellant on 16.08.2023.
The information available in Health Directorate, Railway Board has already been furnished to the applicant. Hence, nothing is pending from the end of Health Directorate that can be furnished to the applicant."
A written submission dated 30.10.2024 filed by Mr. M B Muralidhar, Dy CPO/CPIO, SC Railway, Secunderabad is taken on record, contents of the same are reproduced below for ready reference:
"Brief History: An offline RTI application dated 06.04.2023 was received in this office from the above applicant seeking the details of Sl.No.1 to 7 of the information pertaining to South Central Railway. In connection with the above, in reply to the RTI application addressed to the PIO/South Central Railway, information in respect of Item No.1 and 6 Page 9 of 13 has been furnished by the record holding authorities vide South Central Railway's Note Nos.SCR/P-HQ/754/R/P/RTI/JUsha/00068 dt.09.06.2023 and P(R)RTIA/2023 dt.06.06.23, SCR/P-HQ/513/IR/RTIA dt. 26.09.2023 and the same had already been uploaded in RTI portal which is enclosed herewith. In regard to Item No.2 partial, it is submitted that the information sought by the applicant pertains to more than one Public Authority and the information is not maintained in this office in the desired format as sought by the applicant. The information pertaining to Item No.2 partial (in respect of Headquarters), as received from the record holding authority and in respect of Sl.No.3, 4, 5 & 7 of the RTI application was already replied by Railway Board vide letter dated 16-05-2023 and no document information is available in this office in regard to Sl.No.3, 4, 5 & 7 replied to the applicant vide this office letter dt.30.10.2024(Copy enclosed)."
A written submission dated 04.11.2024 filed by Mr. Katta Anand, Sr. DPO/CPIO, SC Railway, Vijaywada is taken on record, contents of the same are reproduced below for ready reference:
"...2. It is also submitted to the Hon'ble CIC, that i. As seen from the table 2(a), information to the original application submitted by Smt. J. Usha was replied by CPIO & Sr.DPO/BZA through online, dated 03.05.2023 vide letter No SCR/P- BZA/740/03/RTIA/2023/04/10 (copy enclosed).
The 1st appeal as mentioned in the CIC notice by appellant was replied by FAA & ADRM/BZA vide Letter dated 03.07.2023 (copy enclosed), by informing the appellant that, the reply provided by the CPIO/Sr DPO/BZA was justified and replied that the "appellant sought information on various subjects distributed over different time periods, which is spread over many files/sections and is voluminous and to compile having limited manpower resources and hence, advised to visit this office on any working day between 09.30 to 18.00 hrs within 30 days with prior intimation.
iii. Also, it is humbly submitted to the Hon'ble CIC that a point-wise information is furnished to appellant as under,
1. Information related to all Railway Unions/Associations in Vijayawada Division is voluminous and is available with the associations which is difficult to compile with limited resources. Hence you are advised to visit this office on any working day between 09.30 to 18.00 hrs. within 30 days with prior intimation and information will be provided as per your requirement as per RTI Act 2005.Page 10 of 13
2&3. Information related to all Railway Family Pensioners covered Under RELHS 97 With/without FMA and UMID card in Vijayawada Division is voluminous and spread over many files and is difficult to compile with limited resources. Hence you are advised to visit this office on any working day between 09.30 to 18.00 hrs. Within 30 days with prior intimation and information will be provided as per your requirement as per RTI Act 2005. &
6. 4,5 Information sought is query/interrogative in nature and P10 is not supposed to give clarifications or create information or furnish opinion or give replies to hypothetical questions under RTI Act 2005.
7. Information not pertains to Vijayawada Division.
8. No such information available in this office."
Respondents while inviting attention of the Commission towards the contents of their written submission stated that information sought by the appellant is voluminous in nature and scattered through various zones/offices, collation and compilation of which is not possible in view of Section 7(9) of the RTI Act. Therefore, opportunity of inspection of relevant records has been afforded to the appellant which she did not avail.
Mr. M. Anirudh, APO/APIO, SC Rly, Krishna apprised the bench that most of information is now available in public domain and can be accessed via Railway Board Circular No. RB/66/2024 dated 19.07.2024 which covers the subject matter.
Decision:
the Commission, at the outset notes from a perusal of record that the information sought in instant RTI Applications are extremely voluminous, requires compilation, indeterminate in nature. However, respondent has made a sincere effort to provide reply/information on all the points while giving reply to each RTI applications.
Even if, the Commission was to empathetically consider the concerns raised by the Appellant through the Second Appeal, she is reminded of the fact that her right to information is far from being absolute and unconditional. That, it is rather unfortunate that even the best of intentions has to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by the superior Courts in a catena of judgments such as the Hon'ble Supreme Court's observation in the Page 11 of 13 matter of Central Board of Secondary Education (CBSE) & Anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:
"37. ....Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties." (Emphasis added) In view of the above, the appellant is advised to make judicious use of her right to information in future.
Now, coming to relief of information is concerned, the Commission after adverting to facts and circumstance of the cases and perusal of records finds no infirmity in the replies provided by the respondent and as a sequel to it further clarifications tendered by the CPIO during hearing, as the same were found to be as per the provisions of the RTI Act, leaving no scope for relief to be granted in these matters. Further, the Appellant is neither present nor has she filed any counter arguments to agitate the matter. Intervention of the Commission is not warranted in these cases.
Nonetheless, in the spirit of the RTI Act, the respondents are directed to provide a copy of their respective written submissions along with enclosures, Page 12 of 13 free of cost to the appellant, within one week from the date of receipt of this order.
The appeals are 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 13 of 13 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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