Central Information Commission
M A Mohan vs Southern Railway on 13 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File Nos: Total 13 cases.
CIC/SORLY/C/2023/114585, CIC/SORLY/A/2023/114584,
CIC/SORLY/A/2023/114583, CIC/SORLY/C/2023/114882,
CIC/SORLY/A/2023/118753, CIC/SORLY/C/2023/118737,
CIC/SORLY/C/2023/119063, CIC/SORLY/A/2023/119937,
CIC/SORLY/C/2023/119483, CIC/SORLY/C/2023/119490,
CIC/SORLY/A/2023/119936, CIC/SORLY/C/2023/120746,
CIC/SORLY/C/2023/124040.
M A Mohan ....निकायतकताग /Complainant
.....अपीलकर्ता/Appellant
VERSUS
बनाम
R 1. CPIO,
FA & CAO, W&S, GOC, Southern Railway,
Ponmalai, Trichy -620004.
R 2. CPIO,
Southern Railway, Central Workshop,
Personnel Branch, Ponmalai, Trichy -620004.
R 3. CPIO,
Dy.CME/P (Mech) Central workshop,
Southern Railway Ponamalai Trichy-620004.
R 4. CPIO,
Office of the Chief Administrative Officer,
Construction, Southern Railway, P. H. Road,
Egmore, Chennai 600008. ....प्रनतवािीगण /Respondents
Page 1 of 15
Date of Hearing : 07.06.2024
Date of Decision : 12.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned Complaints and Second Appeals have been clubbed
together for the sake of brevity and common disposal as these are based on
similar RTI Applications of the same applicant.
Relevant facts emerging from complaints/Appeals:
RTI application filed on : 24.11.2022, 23.12.2022, 23.11.2022, 25.11.2022,
18.12.2022, 28.12.2022, 29.12.2022, 31.12.2022,
30.12.2022, 26.10.2022, 21.11.2022
CPIO replied on : NA, 03.01.2023, NA, 09.01.2023, NA, 28.12.2022,
NA, 01.12.2022, 24.01.2023
First appeal filed on : 08.01.2023, 01.02.2023, 07.01.2023, 30.01.2023,
09.01.2023, 10.02.2023,12.12.2022,17.02.2023
First Appellate Authority's : NA, 13.02.2023, NA, 10.02.2023,19.01.2023, NA,
order 23.02.2023, NA
2nd Appeal/Complaint : 28.03.2023, 22.03.2023, 29.03.2023, 15.04.2023,
dated 17.04.2023,20.03.2023, 16.04.2023, 02.05.2023,
09.05.2023, 30.05.2023
CIC/SORLY/C/2023/114585
Information sought:
The Complainant/Appellant filed an RTI application dated 24.11.2022 seeking the following information:
1. General Finance rule 2017 Rule 213 L under physical verification on fixed assets. Central work shop, requires Verification between WAS shop to WBS. Shop, and record copy of teak trees above 33 years of age in 2018.
Records copy of 2018.
Having not received any response from the CPIO, the complainant/appellant filed a First Appeal dated 08.01.2023. The FAA's order is not on record.
Page 2 of 15Feeling aggrieved and dissatisfied, complainant/appellant approached the Commission with the instant Complaint.
CIC/SORLY/A/2023/114584 Information sought:
The Appellant/complainant filed an RTI application dated 23.12.2022 seeking the following information:
"I require the following Information's to be furnished by the placement committee for Posting/Transfer from the year 2015 to till date at Southern Railway Head Quarters office, Trichy Division Dice and central work shop/Ponmalai and Implemented all copies of records (Attested copies?"
The CPIO furnished a reply to the Appellant/Complainant on 03.01.2023 stating as under:
With reference to the above, it is stated that you have already been informed vide this office letter No. GPB/RTIA-141-2022 dated 08-12-2022 that no such record is available and the same is in order. Thus, your RTI application is disposed. In case you would like to file 1st appeal, you can do so by writing to the Chief Workshop Manager and Appellate Authority, Central Workshop, Southern Railway, Ponmalai, Tiruchirappalli-620 004 within 30 days from the date of receipt of this communication.
Being dissatisfied, the appellant/complainant filed a First Appeal dated 01.02.2023. The FAA vide its order dated 13.02.2023, held as under:
With reference to the above, it is informed that you sought information regarding the subject related with grant of minimum benefit of pay of Rs.100 on promotion, action taken on your representations, details regarding Safety Officer, copy of your earlier RTI Applications etc., under RTI Act i.e., Applications and Appeals during the year 2022 only and the same has already been supplied to you under RTI Act.Page 3 of 15
The Grievance requested by you through various representations has already been finalized duly granting the minimum benefit of pay of Rs.100 on promotion vide Memorandum No.GPB (A)23-Mechl.Fitter-13 dated27/12/2022 and copy of the same has been supplied again under RTI.
Now, you have sought the same subject of information again and again. In order to air your disgruntled feelings borne out of grievance harbored within himself, and to express his vendetta, is found to misuse the tool of RTIA and is indulging in the harassment of Railway officials of GOC by means of submitting a series of applications seeking information under RTIA.
On perusal of Important CIC decisions, the commission directs the respondents not to consider the RTI application since the RTI could not be turned out into the tool for vendetta of an employee against his organization for some grievance that one harbors against it. Hon'ble Punjab and Haryana High Court in the case of K.K. Sharma Vs State of Haryana and others in their Civil Writ Petition C.W.P.No.4930 of 2011 in relation to disgruntled employee had observed as follows: "Clearly, the provisions of the RTI Act would not be available to disgruntled employees seeking information as regards public officials which is otherwise personal in nature on account of furtherance of a personal vendetta."
It is informed as per the Central Information Commission vide its decision No.CIC/AD/A/2013/001326-SA dated 25-06-2014 that "(i) No scope of repeating under RTI Act.
(ii) Citizen has no Right to Repeat.
(iii) Repetition shall be ground of refusal.
(iv) Appeals can be rejected."
Yet another decision passed on 11.11.2022 by the Central Information Commission in connection with seeking of same subject of information through various application, it is informed that "the same Appellant on the same subject matter have so far been adjudicated by different Information Commissioners of this Commission, the Commission is not inclined to entertain any further adjudication on the same subject, since no cause of action subsists under the RTI Act."
Page 4 of 15Feeling aggrieved and dissatisfied, appellant/complainant approached the Commission with the instant Second Appeal.
CIC/SORLY/A/2023/114583 Information sought:
The Appellant/Complainant filed an RTI application dated 23.11.2022 seeking the following information:
"I require the following Information and request to provide it. A copy of the Information if any out of the action taken on the above representation Sent ley me to Dy. FAE CAO/ WES/GOC. dated 27-10- 2022."
Having not received any response from the CPIO, the appellant/complainant filed a First Appeal dated 01.02.2023. The FAA's order is not on record.
Feeling aggrieved and dissatisfied, appellant/complainant approached the Commission with the instant Second Appeal.
CIC/SORLY/C/2023/114882 Information sought:
The Complainant/Appellant filed an RTI application dated 25.11.2022 seeking the following information:
"CCS pension rule and RBE 70/2016 States, "consult the Head office Accounts officer before retiring to decide and communicates about eligible Qualifying Service." under this rule M.A. MOHAN. T.NO: 5187/FSS/GOC If communicated me the copy. is under RBE 70/2016, GOC work shopworkers to whom communicated from 2016. As above copy."
Having not received any response from the CPIO, the complainant/appellant filed a First Appeal dated 09.01.2023. The FAA's order is not on record.
Page 5 of 15Feeling aggrieved and dissatisfied, complainant/appellant approached the Commission with the instant Complaint.
CIC/SORLY/A/2023/118753 Information sought:
The Appellant/Complainant filed an RTI application dated 18.12.2022 seeking the following information:
1. "Register copy of Report of Inspection Ponmalai Railway Workshop by State Pollution Control Board for last 10 years.
2. Information about which year bamboo saplings were planted in central workshop southern railway Ponmalai.
3. Central workshop Ponmalai at which places hazardous waste is stocked within the workshop compound along with the information landmark for how many years and
1. Form 4- From Filling returns regarding of hazardous wastes. It indicates the categories of wastes generated, details of waste treatment, waste disposal operations also.
2. Form 3, Format for maintenance of records of Hazardous waste at the facility and disposal, mode of transportation in additional to the details of Hazardous waste reused and recycled
3. Copy of SPCB Authorization for Hazardous waste Handling for last six years.
4. Central work shop rain water harvesting related records copies, Re-
charge structure and its Design plan copy."
Having not received any response from the CPIO, the appellant/complainant filed a First Appeal dated 30.01.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant/complainant approached the Commission with the instant Second Appeal.
CIC/SORLY/C/2023/118737 Information sought:
Page 6 of 15The Complainant/Appellant filed an RTI application dated 28.12.2022 seeking the following information:
1. " New corrosion repair shop worker qualification information copy.
2. Factory inspector inspection is a copy of certificate regarding workshop building.
3. Rope and chain testing periodic testing date copy of last 5 years test entry register copy.
4. Copy of site plan with copy of specification for how many workers rest room is available.
5. Copy of remitted fees bill for factory inspector pressure vessels test for last five years and records copies of how disbursed in railway account."
Having not received any response from the CPIO, the complainant/appellant filed a First Appeal dated 10.02.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant/appellant approached the Commission with the instant Complaint.
CIC/SORLY/C/2023/119063 Information sought:
The Complainant/Appellant filed an RTI application dated 28.12.2022 seeking the following information:
1. "Copy of Central work shop canteen site Approval plan with specification received from chief Inspector of Factory.
2. Copy of Register of Central work shop canteen colour washing and painting for ten years
3. Copy of Permission from factory Inspector for use of sawmill shop and CLP shop
4. Codel Life Asset Revised Latest order under which is in replaceable condition Central workshop in GOC Information
5. Asset register copy as per para 1037 of rolling stock code."
Having not received any response from the CPIO, the complainant/appellant filed a First Appeal dated 10.02.2023. The FAA's order is not on record.
Page 7 of 15Feeling aggrieved and dissatisfied, complainant/appellant approached the Commission with the instant Complaint.
CIC/SORLY/A/2023/119937 Information sought:
The Appellant/Complainant filed an RTI application dated 29.12.2022 seeking the following information:
1. "Chief Inspector of factories & Central workshop occupier signed health & safety policy declared copy.
2. Copy of Records Copies and factory Inspector informed about number of persons employed by Medical Practitioner including Health Centre and Bed in Central workshop.
3. Copies of the detail's communication to the chief Inspector of Factory if the Safety officers have already been discharged and transferred.
4. Copy of details of factory inspector contact number displayed.
5. A copy of the accident registers in the workshop during the last ten years and reported to them by the factory inspector through form IV."
Having not received any response from the CPIO, the appellant/complainant filed a First Appeal dated 10.02.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant/complainant approached the Commission with the instant Second Appeal.
CIC/SORLY/C/2023/119483 Information sought:
The Complainant/Appellant filed an RTI application dated 23.11.2022 seeking the following information:
"And please provide the copies of all records related to the tender for the destroyed more than 300 teak trees of 33 years old between WAS Shop to WBS shop in Central workshop. If it is in computer record, please give it in paper print. "Page 8 of 15
The CPIO furnished a reply to the complainant/appellant on 28.12.2022 stating as under:
"The details sought by you is voluminous and spread over in many files, please visit to this office on any working days in working hours to peruse the files, as per RTI act. with prior intimation to this office."
Being dissatisfied, the complainant/appellant filed a First Appeal dated 09.01.2023. The FAA vide its order dated 19.01.2023, held as under.
"Your appeal submitted under RTI Act has been examined and your original application has been responded by Sr. Divisional Engineer/ Co- ordination & CPIO vide letter No. T/W571/RTIA 05/ Date 28.12.2022. This has already been replied vide letter cited above is stands good."
Feeling aggrieved and dissatisfied, complainant/appellant approached the Commission with the instant Complaint.
CIC/SORLY/C/2023/119490 Information sought:
The Complainant/appellant filed an RTI application dated 31.12.2022 seeking the following information:
1. "Before or after appointment of Safety Officer in Central Workshop Copy of any details given to them by Chief Inspector of Factories (Now Director of Industrial Safety and Health) and Transfer or promotional Appointment Selection Committee Recommendation, Recommendation copies required Placement Committee
2. Copies of records of number of persons working in workshop total strength and copies of records of number of persons of safety officers.
3. Copy of plan Approval Copies issued by Industrial Direct Safety Health including Approval of site Construction, Extension for buildings constructed in last 10 years within Central workshop Compound including water tank.Page 9 of 15
4. Tamil Nadu Pollution Control Board Certificate copy of Industrial Liquid waste Effluent and Air Pollution for construction of above-mentioned para their buildings.
5. Information about how many machines and plants have been set up within the central workshop GOC during the last ten years and a copy of the approval of the Industrial Director Safety Health Department to fix them."
Having not received any response from the CPIO, the complainant/appellant filed a First Appeal dated 10.02.2023. The FAA's order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint/appellant.
CIC/SORLY/A/2023/119936 Information sought:
The Appellant/complainant filed an RTI application dated 30.12.2022 seeking the following information:
1. "Copy of factory license including conditions for what works to be done in central workshop GOC.
2. Information on maximum horse power machine and plant running in central workshop GOC.
3. Copy of discloser information about worker's work place including contract workers information about sending copy of said book to Chief Inspector of factories.
4. Copy of Hazardous process of handling if reported to city Corporation.
5. Industrial waste discharge waste caution notice if kept at gate entrance information about how many years it has been kept."
Having not received any response from the CPIO, the appellant/complainant filed a First Appeal dated 10.02.2023. The FAA's order is not on record.
Feeling aggrieved and dissatisfied, appellant/complainant approached the Commission with the instant Second Appeal.
Page 10 of 15CIC/SORLY/C/2023/120746 Information sought:
The Complainant/appellant filed an RTI application dated 26.10.2022 seeking the following information:
1. "Under Right to Information Act 2005. I require the following information's and request to provide it. A copy of Information in only.
2. Central Work Shop Overpayment for staff and Officers how much this information in paper print form and under which heading.
3. Copies of order on whose orders overpayment has been issued 01.12.2023 to 05.08.2022 last 15 copies."
The CPIO furnished a reply to the complainant/appellant on 01.12.2022 stating as under:
"Para 1:
It is to be stated that a sum of Rs.78,93,834/-has been identified as over payment made and recovered during the period as you have sought through your RTIA application. The said amount has been paid under the head 20721101/207211201 i.e. under pay and allowances. Para 2:
No over payment has been made against any orders issued by any Officer."
Being dissatisfied, the complainant/appellant filed a First Appeal dated 12.12.2022. The FAA vide its order dated 23.02.2023, held as under.
"I have carefully gone through your RTIA First appeal Dt.16-12-22 and the following remarks are offered.
In your RTIA application dt 18-10-2022 you have sought for the details of over payment identified and recovered during 01-01-2020 to 05-08-2022 in respect of the Goldenrock Central Workshop Employees and Officers, as well as sought for the copies of office orders for the over payment.Page 11 of 15
In this connection PIO & Dy. FA&CAO/W&S/GOC has already replied vide letter No.P.629/W/GOC/Wages/RTIA/4 dt. 01-12-2022 in which it has been stated that a sum of Rs.78,93,834/- has been identified as over payment made and recovered during the period and the head under which it has been recovered also advised to you as desired, for para 1 of your RTIA request.
For para 2: It has been stated that no over payment has been made against any orders issued by officers. Therefore, furnishing of copy of office order does not arise.
Further to the above, the printout of data was not readily available to provide at the time of furnishing the RTIA reply. Now, an authorization letter of Dy. FA&CAO/W&S/GOC is enclosed so as to enable you to remit Rs.152/-in GOC railway station.) Therefore, the information furnished by Dy. FA&CAO/W&S/GOC for your RTIA request sands correct."
Feeling aggrieved and dissatisfied, complainant/appellant approached the Commission with the instant Complaint.
CIC/SORLY/C/2023/124040 Information sought:
The Complainant/appellant filed an RTI application dated 21.11.2022 seeking the following information:
"New Corrosion Repair Shop Constructed by Construction Department at GOC Workshop and inaugurated by CAO construction The following information is required in this regard under RTIA 2005.
1. Copy of the letter requesting to build the above shop
2. Copy of sanctioned estimate with all date
3. Recorder copies of clearance of 33-year-old teak trees from site-by-site inspection before preparation of estimate
4. Recorded copies of physical verification under GFR 2017123
5. Copies of all records relating to the above teak trees as specified under GFR 2017 Chapter Seven Inventory Management Page 12 of 15
6. Copies of the final bill of the tender schedule published for the construction of the above shop (Tender form). "
The CPIO furnished a reply to the complainant/appellant on 24.01.2023 stating as under:
"Apropos your RTI application cited, it is to be stated that information which is sought for is not readily available in the format sought. As per Clause 7 (9) of RTI Act 2005, an information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the Public Authority.
However, you are at liberty to visit this office on any convenient date under prior appointment to seek specific clarifications, if any, as per RTI act 2005."
Being dissatisfied, the complainant filed a First Appeal dated 17.02.2023. The FAA's order is not on record.
Feeling aggrieved and dissatisfied, complainant/appellant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant/Appellant: Not present.
Respondent: Dr. Uma Maheshwari, Dy. Finance Advisory-cum-CPIO, CAO & FAO (R 1), Shri S. C, Murugan, Workshop Personnel Officer-cum-CPIO (R 2), Shri K. S. Pandian, Dy. CME/P (Mech)-cum-CPIO (R 3), Shri Ravi Kumar, Div. Engineer-cum-CPIO and Shri Kumarsubramanian, APIO, Asst. Construction Ward, Chennai (R 4), all present through video-conference.
The Commission is in receipt of withdrawal letter dated 06.06.2024 filed separately against each instant case from the Complainant/ Appellant which Page 13 of 15 are taken on record, contents of the same are reproduced below for the sake of clarity -
"... Last one year ago 2022-2023, I asked some information from Railway Department. It didn't give. So I filed an IInd Appeal / Complaint. I have been sick since January 2024.
I can't do anything with that, this information is no use to me in the present and future. Due to old age I am not able to be active, so I don't need the information I asked for now.
Hence, I withdraw my Appeal / Complaint.
I request you to kindly allow it. Sorry for the inconvenience."
The written submissions of the Respondent are taken on record.
Decision The Commission, after adverting to the facts and circumstances of the case and considering the submissions of the Complainant/Appellant that he wishes to withdraw the instant cases, finds no scope of intervention in these matters.
The instant Complaints/Appeals are dismissed as withdrawn.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 14 of 15 Copy To:
The FAA, Chief Work Shop Manager, Central Work Shop, Southern Railway, Ponmalai, Trichy -620004.Page 15 of 15
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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