Central Information Commission
Pappu Kumar Pandit vs Northern Railway Firozpur on 31 January, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/NRALF/A/2023/602348
Pappu Kumar Pandit .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
Northern Railway, Office of
the DRM, Firozepur Division,
Firozepur - 141001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 29-01-2024
Date of Decision : 31-01-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 30-11-2022
CPIO replied on : Not on record
First appeal filed on : 02-01-2023
First Appellate Authority's order : 03-01-2023
1
2nd Appeal/Complaint dated : 12-01-2023
Information sought:
The Appellant filed an RTI application dated 30.11.2022 seeking the following information:
"Please provide the following information of serial no. 1 to 4 of employee Pappu Kumar pandit PF No 06329801503 transfer from firozpur division to sealdah division by the letter no. 561-E/IRMT/168/P2A Date01-04-2022.
1. How many balance of casual leave between date 01-01-2022 to 01-04-2022 during service under sse loco lobby Ludhiana.
2.how many kilometer millage and night duty allowances date 01-03-2022 to 31-03-2022 of employee and which division will paid forozpur division or sealdah division.
3. Are the Balance of kilometer milage, night duty allowances of last month being mention in Final LPC of employee pappu kumar pandit.
4-After how many days the LPC should be sent if employee has been spare under India Railway mutual transfer as per Railway Rules and provide a copy of Railways rules."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 02.01.2023. The FAA vide its order dated 03.01.2023, held as under:-
"1 Total CL due 10 on dt. 01/01/2022 out of which 9 CL availed by employee 01/01/2022 to 01/04/2022.
2 As employee transferred to Sealdah Div on dt 29/03/2022so KMA & NDA from 01/03/2022 to 31/03/2022 will be paid at Sealdah Division. 3 Not mentioned as No Milage sheet is available. 2 4 After transfer of Employee LPC is generated & sent to Division Acc. Office for vetting & after Vetting Sent to concern Div. office."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video conferencing Respondent: Mr. Diwakar Varshney APIO Present through Video conferencing The Appellant while reiterating the contents of the RTI Application submitted that complete information has not been furnished to him on point No. 2, 3 & 4 of the RTI Application. He informed that he has not received the kilometre millage and night duty allowances for the month of March 2022.
The Respondent in reply submitted that the Appellant was transferred to Sealdah Division on 29/03/2022, the kilometre millage and night duty allowances for the period of 01/03/2022 to 31/03/2022 will be paid by Sealdah Division. Further the final LPC of the Appellant was signed and sent to the Divisional office on 08/09/2022. On point No. 3 he informed that no Milage sheet is available.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, directs the Respondent to obtain the relevant information on point No. 2 of the RTI Application from the concerned custodian of the record if required also by invoking Section 5 (4) of the RTI Act and provide a copy of updated reply to the Appellant, with a copy marked to the Commission, through the link provided in the hearing notice.3
The Respondent is further directed to furnish an updated reply on point No. 4 of the RTI Application to the Appellant within four weeks from the date of receipt of this order. FAA to ensure compliance.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सच ू ना आयक् ु ि) Authenticated true copy (अभिप्रमाणणर् सत्यापपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date 31-01-2024 4