Central Information Commission
Sulochana vs South Eastern Railway (Kolkata) on 21 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/SERLK/A/2024/107728
Sulochana .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Office of the Sr. Divisional Personnel
Officer, South Eastern Railway,
Chakradharpur, West Singhbhum,
Jharkhand - 833102 .... ितवादीगण /Respondent
Date of Hearing : 05.08.2025
Date of Decision : 20.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 18.04.2023
CPIO replied on : 29.05.2023
First appeal filed on : 04.07.2023
First Appellate Authority's order : 08.08.2023
2nd Appeal/Complaint dated : 11.03.2024
Information sought:
1. The Appellant filed an (offline) RTI application dated 18.04.2023 seeking the following information:
"Sub: Request for providing information related to the pending Settlement Dues & Pensionary benefits of my husband Late Hari Shankar, a permanent Railway employee (Ex Night Chowkidar at SE Rly STP School, CKP); removed from Rly Service on 06/12/1996 vide Page 1 of 5 CO/STPS/CKP's Office letter No. MC/D&A/ Abst./137; as expeditiously as possible as per Section 6 & 7 of the RTI Act 2005; according to rule of law.
Ref:(i) My earlier application addressed to the Controlling Officer, S E Rly STP School, CKP with copy to Sr DPO/CKP for sanction of family pension dated 26/09/2001 (after the sad demise of my husband on 21/07/2001) with remarks of the Teacher in charge, SE Rly STP School, CKP on it, stating "Late Hari Shankar was removed on 06/12/1996..."
(ii) 3 (three) applications by my husband dated 20/12/1996, 21/01/1997 & 18/11/1997; following his removal on 06/12/1996 to the appropriate authority concerned; requesting to consider his re-instatement in service in an empathetical manner, on humanitarian ground, which were not paid heed to or considered till his untimely death. With due regards and in reference to the above, this is to state that my husband, Late Hari Shankar son of Late Biswamitra, (DOA 05/05/1976) while working as a permanent Railway employee (Night Chowkidar at SE Rly STP School, CKP) was removed from Rly Service on 06/12/1996 vide CO/STPS/CKP's letter No. MC/D&A/Abst./137 due to unauthorized absence, as certified by the Teacher in charge, SE Rly STP School, CKP on my earlier application for sanction of family pension mentioned in reference (i) above.
In this connection, I request your kind good Office to supply me with the following information please as per the provisions of the RTI Act 2005:
(i) Kindly provide me with a certified copy of CO/STPS/CKP's above letter No. MC/D&A/Abst./137 removing my husband from Rly service due to unauthorized absence.
(ii) Kindly let me know the total tenure of his service in the Railways till his removal from Rly service.
(iii) Kindly provide me with a copy of the order/Notice/Memo as issued regarding sanction of Pension/Family Pension/Compensatory Allowance or 2/3rd of Pension in case of removal from Railway Service w.e.f 06/12/96 if not the party has been removed from railway Service under rule 14(i) or 14(ii) of railway Service (Conduct) Rules, if on otherwise debarred from Service.
(iv) Kindly provide me with a copy of the Office Order/Notice/Memo/Notification/Note or any other confirmation Page 2 of 5 being made upon the applications placed by my late husband on various occasions like on dated 21/01/1997 & 18/11/1997.
(v) Kindly provide me with a copy of the letter informing about the disbursement of the Settlement dues of my deceased husband and mentioning the Bank Account where it has been disbursed after his removal from railway Service as per Pension Rule 1993."
2. The CPIO furnished a reply to the Appellant on 29.05.2023 stating as under:
"(i) to (v) Since the information as sought by you pertains to the year 1996 which is more than 27 years., The preservation period of records is already expired vide Estt Srl No. 90/1999. In view of the above this office is not position to provided information being no record and very old case at this stage no such record is available at this distant date."
3. Being dissatisfied, the appellant filed a First Appeal dated 04.07.2023. The FAA vide its order dated 08.08.2023, held as under.
"Your appeal has been examined and observed that, you have sought for information supply of documents related to D&A proceedings as well as details of settlement payment made to Late Hari Shankar.
In this connection the concerned authority has informed that STP School where late Hari Shankar stated to have been worked is closed more than 20 years ago and the records of such belated period are not available with the concerned authority.
Further, a copy of entire D&A proceedings i.e. charge memorandum, inquire report and copy of punishment etc. are being served open the delinquent/charged official and the same should be available with late Hari Shankar: Concluding the same it is informed that the documents as sought for by you are not available with CO of the STP School which has already abandoned before 20 years."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-Page 3 of 5
Appellant: Absent Respondent: Dr. Rishav Sinha, Divisional Personnel Officer and PIO appeared through video conference.
5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 11.03.2024 is available on record. The Respondent confirmed non-service.
6. The Respondent while defending their case inter alia reiterated that the STP School, where the deceased employee last served, was closed more than 20 years ago and no records are available.
Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, notes that the CPIO has provided a categorical reply indicating non-availability of records due to expiry of the statutory preservation period. The FAA has also confirmed the same. The appellant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the respondent and further agitate the matter. The submissions made by the respondent are taken on record. Since the information sought is more than 27 years old and no records are available with the Respondent Public Authority, the Commission finds no reasons to intervene in the matter.
The appeal is dismissed accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 4 of 5 Copy To:
The FAA, Office of the Sr. Divisional Personnel Officer, South Eastern Railway, Chakradharpur, West Singhbhum, Jharkhand - 833102 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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