Central Information Commission
Mr.Susant Mistry vs Ministry Of Railways on 8 August, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001538
Heard through Video Conference.
Date of Hearing : August 8, 2012.
Date of Decision : August 8, 2012.
Parties:
Applicant
Shri Susant Mistry
LIGE45
Devendra Nagar
Raipur
Chattisgarh - 492009.
Applicant was present.
Respondent(s)
Ministry of Railways
O/o the CPIO - 46 (RTI Cell)
Railway Board
Rail Bhawan,
Raisina Road
New Delhi.
Representative : Shri M K Panda, Shri Vijay Singh.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001538
August 8, 2012.
ORDER
Background
1.` The RTI Application dated 7.9.11 was filed by the Applicant with the PIO, Railway Board, New Delhi seeking information related to OM issued by Ministry of Finance & DOPT for RBSS and steno Grade 'C' and the role of the Ministry of Finance in regulating the pay Rule of the Railway employees, all against 13 points. The PIO replied on 18.10.11 enclosing the point wise information received from the concerned Directorate. The Applicant then filed his first appeal commenting on the information provided and pointing out the deficiencies in information against each point. The Appellate Authority disposed off the appeal on 19.12.11 informing the Appellant that complete information as available/admissible has been furnished to him. Not satisfied with this reply the Appellant filed his second appeal before the Commission on 13.3.12. Decision
2. During the hearing the Appellant only sought the copy of the Railway Board's Circular vide which DOPT's OM dated 22.12.10 was implemented. The Appellant stated that he was informed in response to an RTI Application which he had filed with the M/o Finance that a Memorandum/circular has been issued in connection with the fixation of pay and that the PIO's reply in the instance case stating that no Memos are available on record, is contradictory to the reply of M/o Finance since the PIO in the instance case has stated that no such circular has been issued. The Respondent explained that no general circular for the Railways across the country has been issued by the Railway Board. He however stated that based on Office Memorandum sent by the Railways to the M/o Finance, the M/o Finance has offered some advise which according to them was then sent to the various offices for implementation. The Appellant then sought the copy of this Office Memorandum and the reply of M/o Finance as available in the records of the Railway Board. The Respondent stated that the information i.e. advise provided by the M/o Finance is confidential and cannot be disclosed since it is related to various issues which could be sensitive the disclosure of which is not in public interest.
3. The Commission however having noted that the information sought relates to pay fixation of Assistants and steno Grade 'C' in grade pay Rs.4600/ believes that the any formula for fixation of pay of such employees cannot be considered as confidential directs the PIO, Railway Board to provide the advise given by the M/o Finance to the Appellant, however after invoking if required the section 10(1) of the RTI Act to sever any information unrelated to the subject matter that is exempt from disclosure under any of the clauses of Section 8 (1) of the RTI Act. This information may be provided to the Appellant within 20 days of receipt of this order.
4. The Appellant also wanted to know whether the Departmental Committee Report in respect of Railway Board's letter dated 7.7.10 is pending with the Railway Board at this point of time. The present factual information in this regard may also be provided to the Appellant within 20 days of receipt of this order.
5. The Appeal is disposed off with the above direction.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G Subramanian) Deputy Registrar
1. Shri Susant Mistry LIGE45 Devendra Nagar Raipur Chattisgarh - 492009.
2. The Public Information Officer Ministry of Railways O/o the CPIO - 46 (RTI Cell) Railway Board Rail Bhawan, Raisina Road New Delhi.
3. The Appellate Authority Ministry of Railways O/o the CPIO - 46 (RTI Cell) Railway Board Rail Bhawan, Raisina Road New Delhi.
4. Officer in charge, NIC.