Central Information Commission
Smt.Kanta Bai vs Ministry Of Railways on 29 September, 2010
Central Information Commission
CIC/AD/C/2010/000649
Dated September 29, 2010
Name of the Applicant : Ms.Kunta Bai
Name of the Public Authority : South Eastern Railway, Kolkata
Background
1. The Applicant filed an RTI application dt.14.11.09 with the Appellate Authority, South Eastern Railway, Kolkata. She stated that her husband Late Shri Seolal was an Asst. Guard at KGP. He was booked on 6.10.03 to Howrah and had came back to SRC with an empty rake and had halted at SRC running at night to accompany train No.2703 up from SRC yard to Howrah and to KGP on 7.10.03. While he was going through SRC yard to take over the charge of the rake, he was knocked down and killed by K105 as due to heavy rain he could not see the moving train at the time of crossing the yard. Against this background, the Applicant sought information against 3 points and several subpoints including details of joint enquiry report dt.16.3.07 as also compensation. Shri A.K.Halder, APIO replied on 18.2.10 stating that the application had been examined by the Kharagpur division and enclosing their comments received from the PIO. Being aggrieved with the reply, the Applicant filed a complaint dt.26.3.10 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for September 29, 2010 through video conferencing.
3. Shri Ashish Kumar Aguan, APO/KGP and Shri Saroj Kumar Pramanik, OS/KGP representing the Public Authority were present at NIC Studio, Kolkata.
4. The Appellant was not present during the hearing.
Decision
5. The Respondents submitted that the Appellant had already approached the Workmen Compensation Court requesting for compensation and that the Public Authority will comply with the judgment of the court, as and when it is announced.
6. The Commission noted that in response to an earlier RTI application the Appellant had already been informed by the Sr. Div. Personnel Officer vide letter dated 20.10.08 that compensation is paid to an employee who has met with an accident arising out of and in the course of employment. The Appellant's husband, according to the PIO was an exemployee and had met with an accident before he took over the charge of the rake of 2703 UP Falaknuma Express on downloop line at SRC Yard and had thus violated rule Section 3(1)
(b)(ii) of W.C. Act 1923. The compensation is therefore not payable under such circumstances.
7. The Commission holds that available information has been provided and noted that the Public Authority is awaiting the judgment of the Court. Since there is no furher information to be provided, the case is closed at the Commission's end.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Ms.Kunta Bai W/o Late Seolal Chotatengra Near Neem Chand Gali P.O. Kharagpur Midnapur West 721 301
2. The PIO South Eastern Railway O/o PIO & CPRO 11 Garden Reach Kolkata 700 043
3. Officer incharge, NIC