Central Information Commission
Saidur Rahman vs Northern Railway on 19 June, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/NRAIL/A/2017/172776
Saidur Rahman ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, M/o. Railways, Northern Railway, ... ितवादीगण /Respondents
HQ, Baroda House, New Delhi.
2. CPIO, M/o. Railways, CCM/PM &CPIO,
Northern Railway, Indian Railway
Conference Association (HQ), New
Delhi.
3. CPIO, M/o. Railways, Sr. DCM & PIO,
Northern Railway, State Entry Road,
New Delhi.
4. CPIO, M/o. Railways, Sr. DCM & PIO,
Northern Railway, Ferozepur, Punjab.
5. CPIO, M/o. Railways, Sr. DCM & PIO,
Northern Railway, Ambala, Haryana.
6. CPIO, M/o. Railways, Sr. DCM & PIO,
Northern Railway, Lucknow.
7. CPIO, M/o. Railways, Sr, DCM & PIO,
Northern Railway, Moradabad.
Relevant dates emerging from the appeal:
RTI : 26-04-2017 FA : 09-06-2017 SA: 20-10-2017
Page 1 of 5
CPIO(s): 31-05-2017, 31-
07-2017, 03-08-2017, FAO : 22-08-2017 Hearing: 18-06-2019
04-08-2017 &25-08-2017
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o Railways, Northern Railway, HQ, New Delhi seeking following information:-
1. "Certified copy of rules/circular/policy/direction/decision/instruction regarding the night shift/duty of female employees in railways.
2. Certified copy of judgements/orders of Hon'ble Supreme Court of India/High Court(s) regarding the night shift/duty of female employees in railways.
3. Copy of rules/directions regarding the process of collection of the money generated on the booking of tickets.
4. Copy of directions/rules regarding safety of the aforesaid money generated on the booking of tickets."
2. The CPIO responded on 31-05-2017, 31-07-2017, 03-08-2017, 04-08-2017 &25-08-2017. The appellant filed the first appeal dated 09-06-2017 which was disposed of by the first appellate authority on 22-08-2017. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO(s) u/Section 20 of the RTI Act and also to direct him to provide the sought for information. Hearing:
3. The appellant, Mr. Saidur Rahman participated in the hearing through video conferencing. Mr. Sandal Deep, ACM, Mr. Mukesh Kumar, APO, Mr. Vimal Kumar, DCM, Mr. Ajay Kumar, DCM, Mr. Ashok Kumar, Dy. CCM, Mr. Monu Luthra, Dy. CCM, Mr. Vikesh, CMI, Mr. Parveen Kumar, CMI, Mr. R. K. Pathak, SPO, Mr. Balwant Singh, Ch.OS, Mr. Rohtash Kumar, Ch.OS, Mr. Manoj Kumar, OS and Mr. M. Garg, ACM participated in the hearing representing the respondent(s) through video conferencing/in person. The written submissions are taken on record.
4. The appellant stated that the Railway Board in its reply dated 22-05-2017 to the identical RTI application dated 26-04-2017 w.r.t. second appeal no. CIC/NRAIL/A/2017/172293 dated 18-06-2019 has stated that there are no instructions under the HOER. However, a circular specifying the night duty of the railway staff has been enclosed with the reply dated 31-05-2017 of the Northern Page 2 of 5 Railway, HQ, New Delhi but without any printed serial no. of the said circular. Hence, the respondent should be directed to provide him a clear copy of the circular along with the printed serial number.
5. The appellant also pointed out that vide reply dated 03-08-2017 DCM, Lucknow has stated that there is no rule position on the subject w.r.t. point nos. 1 and 2 of the RTI application. In this regard, he submitted that different offices of the M/o Railways have given their different replies.
6. The respondent no. 1 agreed to provide a clear copy of the circular along with the printed serial number to the appellant, within a period of 15 days from the date of receipt of this order.
Decision:
7. This Commission observed that the variations in the replies given by the CPIO, Railway Board, New Delhi, Northern Railway, Lucknow Division, Lucknow and the Northern Railway, HQ, New Delhi have created ambiguity on this matter and therefore, this Commission directs the CPIO, Railway Board, New Delhi to clarify their position to the appellant w.r.t. any policy/rules/circular/ direction/decision/instruction regarding the night shift/duty of the female employees of the railways, within a period of 15 days from the date of receipt of this order.
8. Further, this Commission directs the respondent no. 1, CPIO, Northern Railway, HQ, New Delhi to provide a clear copy of the circular along with the printed serial number to the appellant, as agreed to in para 6 above, within a period of 15 days from the date of receipt of this order.
9. With the above observations, the appeal is disposed of.
10. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date 18-06-2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 5 Addresses of the parties:
1. The CPIO M/o. Railways, Dy.
DGM(Law)/Nodal CPIO, Northern Railways, Headquarter, Baroda House, New Delhi-110001.
2. The CPIO M/o. Railways, CCM/PM & CPIO Northern Railways, Indian Railway Conference Association (HQ), IRCA Bhawan, DRM Office Complex, State Entry Road, New Delhi-110055
3. The CPIO, M/o. Railways, Sr, DCM & PIO, Northern Railways,DRM'S Office, Commercial Department, Delhi Division, State Entry Road, New Delhi-110055
4. The CPIO, M/o. Railways, Sr, DCM & PIO, Northern Railways, DRM'S Office, Commercial Department, Firozepur Division, Firozepur, Punjab-152001.
5. The CPIO, M/o. Railways, Sr, DCM & PIO, Northern Railways, DRM'S Office, Commercial Department, Ambala Division, Ambala, Haryana.
6. The CPIO, M/o. Railways, Sr, DCM & PIO, Northern Railways, DRM'S Office, Commercial Department, Lucknow Division, Hazratganj,Lucknow, UP- 226001 Page 4 of 5
7. The CPIO, M/o. Railways, Sr, DCM & PIO, Northern Railways, DRM'S Office, Commercial Department, Moradabad Division, Moradabad,UP
8. CPIO, M/o. Railways, DD(PG) & CPIO, Registration & Co-ordination, (RTI Cell), (Railway Board), Room No. 5, (GF), Rail Bhavan, Raisina Road, New Delhi-110001.
9. Saidur Rahman Page 5 of 5