Central Information Commission
Krishankumar vs Northern Railway on 15 October, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग
, मुिनरका
Baba Gangnath Marg, Munirka
नई द
ली, New Delhi - 110067
File No : CIC/AB/A/2016/000607-AB
In the matter of:
Krishan Kumar
...Appellant
VS
PIO, Northern Railway, Headquarters Office,
Baroda House, New Delhi. ...Respondent
Dates
RTI application : 18.01.2016
CPIO reply : Not on record
First Appeal : 03.03.2016
FAA Order : Not on record
Second Appeal : 28.04.2016
Date of hearing : 07.06.2017, 01.10.2018
Facts:
The appellant sought information on 2 points and 6 sub-points, in regard to names of employees with their designations who were sent to destroy the TA-15 forms at the Faizabad railway station, names, designations and seniority list of all Commercial Inspectors working in all the divisions in NRly, latest list of unverified stocks, a copy of the Rule 710 of the commercial manual used in the Commercial dept in the railways and copy of a certain warning kept in the service record of an officer.
The CPIO's reply or of the FAA's order is not on record. The appellant in his second appeal dated 28.04.2016 pressed for the information on paras B(ii) and (iii).
Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Absent
Respondent : PIO, Ms. Narinder Kaur, AFA.
1
The case is regarding reply to an RTI application dated 18.01.2016. The RTI applications had two sections. One section (A) related to the old stock of TA - 15 forms which were purported to be destroyed/weeded out at Faizabad and Akbarpur railway Stations by railway staff. The other section (B) of the said RTI application relates to names, addresses, father's name etc. of all commercial inspectors working in all the divisions of Northern Railway, the position regarding the latest position in various division, xerox copy of rule no. 710 of the Commercial Manual and the copy of the service register of the principal of the zonal training centre, Northern Railway.
During the hearing the rep. of the accounts branch i.e. the APIO handed over a copy of a communication dated 22.2.16 addressed to the appellant giving full information in regard to points under Section A of the said RTI application. In regard to Section B of the said RTI application, the rep. of the commercial department of northern railway who attended the hearing from Ambala Cantt stated that this RTI application was transferred u/s 6(3) of the RTI Act to Sr. Divisional Personnel Officer, Ambala Cantt. vide their internal noting dated 15.2.16. It is seen that there was no reply from the personal dept of the Ambala Cantt railway station to whom the RTI application was transferred u/s 6(3) of the RTI Act.
A Show Cause Notice is issued to Sr. Divisional Personnel Officer, Ambala Cantt. to explain reason for not furnishing the sought for information to the appellant after the application was transferred to them. The said Show Cause notice is to be served through the present CPIO to all the CPIOs working since February 2016 as Sr. DPO, Ambala Cantt. The present CPIO is also to submit a report to the Commission indicating the name(s), address(s), mobile no(s)., place(s) of posting and designation(s) of all the CPIOs, working since February 2016 till date at the above stated post. The explanation to the Show Cause Notice is to be submitted to the Commission within 21 days of the 2 receipt of the order. On receipt of the explanation to the Show Cause Notice, further action as deemed appropriate will be taken.
Be that as it may, it transpires that no information in regard to Section B of the said RTI application was provided to the appellant. The respondent CPIO Sr. Divisional Personnel Officer, Ambala Cantt. is directed to provide point wise reply complete in all respects to the appellant in connection with reply to the questions raised at Section B of the above stated RTI application, as available on record in the form of certified true copies of the documents sought for, i.e. note sheet, letters, correspondence, e-mail etc free of charge u/s 7(6) of the RTI Act within 15 days of the receipt of the order.
The CPIO/PIO, Northern, Railway, Ambala Cantt. may note that continued non-compliance of the order may lead to penal action u/s 20(1) of the RTI Act against the respondent CPIO.
The registry is directed to send a copy of this order to Sr. Divisional Personnel Officer, Ambala Cantt for complying with the above direction.
With the above direction, the appeal is disposed of.
Copies of the order be sent to both the parties free of cost.
Adjunct Order : 01.10.2018 Respondent : Absent
The Sr. DPO cum CPIO, Northern Railway, Ambala Cantt was not present despite duly served notice vide speed post tracking no. ED886656552IN on 24.09.2018. However on perusal of record, it was noted by the Commission that he had sent a written explanation vide letter dated 18.07.2017 in which he submitted that, since Feb 2016 till date he has been the CPIO cum Sr. Divisional Personnel Officer, Ambala Division.
He further submitted that as regards the furnishing of the required information with regard to section B of the said RTI application dated 18.01.2016, the same was received in the office on 21.03.2016 vide PIO/UMB 3 letter no. 9-S/RTI ACT/UMB dated 18.03.2016 and the above application was already replied to for providing the sought for information vide letter of even no. dated l2.04.2016.
The point wise position of the information called by the applicant and provided was as under:
Point No. 1- The Personnel Department had already provided a copy of provisional seniority list of CMI (Commercial Inspector) of Ambala Division to the applicant vide their office letter no.729-E/26/P-I/UMB dated 12.04.2016. Through this letter Sr. DCM/UMB was requested to provide the requisite information to the applicant on points pertaining to the Commercial Department. This letter was also endorsed to the applicant.
Point Nos. 2 & 3- The then APIO/Comml/Cum ACM/UMB vide his letter No. 143/RTI /C-17/UMB/2017 dated 02.06.2017 furnished the requisite information on point nos. 2 & 3 to the applicant.
Point No. 4- As regards the information on point no. 04 of RTI application dated 18.01.2016, the same pertained to the PIO/ZRTI /CH and as such under section 6(3) of the RTI Act, the RTI application of the applicant was transferred to the concerned department for furnishing information to the applicant by Dy. CMM cum CPIO Northern Railway, HQ Office, New Delhi vide his letter no. CommI/RTI /106/2016 dated 14.03.2016.
He further submitted that on the date of hearing before the CIC on 07.06.2017, the nominated staff of the Personnel Department could not gain entry to the chamber of the Information Commissioner as only 02 staff were allowed for hearing. It was because of this only that action already taken on the RTI application dated 18.02.2016 could not be brought to the Commission's notice. He again submitted that RTI application was processed on priority and that all efforts were made to provide the sought for information to the applicant.4
Decision:
The Sr DPO, Ambala in his letter dated 18.07.2017 did not mention his name in the letter and that only his initial was mentioned, which is not a proper way to send explanation to the Commission.
As claimed in the above mentioned paras, the reply was provided on 12.04.2016. However, on scrutiny it was found that the same was not a final reply. The reply dated 12.04.2016 reads as under:
"In reference to your RTI application dated 13.03.2016 received in this office on 21.03.2016 vide PIO/UMB letter under reference. The provisional seniority list of CMI/Ambala Division is enclosed herewitrh for your information in para 01 & 04 your application is forwarded to Sr DCM/UMB for providing the information vide PIO/UMB letter under reference."
The Commission did not find any substance in the explanation of the then Sr. DPO, Ambala. Moreover, he chose to remain absent despite duly served notice on him. Hence the Commission is constrained to impose penalty of Rs 15,000 on the then Sr DPO, Ambala for not attending the showcause hearing and for not providing proper reply to the appellant in connection with the RTI application dated 18.01.2016.
The Commission imposes penalty of Rs. 15,000/- on the then Sr. DPO Ambala for not providing the requisite information within the stipulated time as per the provision of the RTI Act. Accordingly, he is directed to pay a sum of Rs 15,000/- in 5 equal monthly instalments. The Additional General Manager, Northern Railway is directed to recover the amount of Rs 15,000/- from the salary payable to the then Sr. DPO, Ambala and remit the same by way of demand draft drawn in favour of 'PAO CAT' New Delhi in 5 equal monthly instalments. The first instalment should reach the Commission by 10.12.2018 and the last instalment should reach by 10.04.2019. The Demand Draft should be sent to Deputy Registrar (CR-II), e-mail;[email protected] Room no. 106, 5 First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067.
The registry of this bench is directed to send a copy of this order to the Additional General Manager, Northern Railway for compliance of this order.
The Additional General Manager, Northern Railway is directed to take action as per the above direction and submit an action taken report within 15 days from the receipt of this order.
A copy of this order be sent to the General Manager, Northern Railway for information and appropriate action.
With the above order, the showcause proceeding is closed. Copies of the order be sent to the concerned parties free of cost.
Amitava Bhattacharyya (अ मताभ भ टाचाय)
Information Commissioner ( सच
ू ना आयु त )
Authenticated true copy
(अ भ मा णत स या पत त)
Ajay Kumar Talapatra (अजय कुमार तलापा )
Dy. Registrar (उप-पंजीयक)
011- 26182594 / [email protected]
दनांक / Date
Copy to:
1. Additional General Manager, Northern Railway
2. General Manager, Northern Railway
3. Deputy Registrar (CR-II), e-mail;[email protected] Room no. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067 6