Central Information Commission
K N Srivastava vs Northern Railway on 27 November, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग
, मुिनरका
Baba Gangnath Marg, Munirka
नई द
ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/NRAIL/A/2017/129841
K N Srivastava
....अपीलकता
/Appellant
VERSUS
बनाम
PIO/DFM, Northern Railway, DRM office, Rail Vihar,
Near Ambala Bus Stand, Ambala Cantt, Haryana - 134003.
&
PIO/Sr. DSC, RPF, Northern Railway, DRM's
Office, Rail Vihar, Near Ambala Bus
Stand, Ambala Cantt, Haryana - 134003. ... ितवादीगण /Respondents
Dates
RTI application : 20.02.2017
CPIO reply : Not on record
First Appeal : 20.03.2017
FAA Order : Not on record
Second Appeal : 26.04.2017
Date of hearing : 28.08.2018, 14.11.2018
Facts:
The appellant vide RTI application dated 20.02.2017 sought information on eight points as under;
1. Copy of complete enquiry report submitted by Shri Jagdish Singh, DI/RPF/UMB in complaint case of excess charging of TA by Shri Tej Pal, Constable/RPF.
2. Copy of complete enquiry report submitted by the Committee of Shri B.S Gusanin, SSO/Convener Account Branch, Shri Rampal personnel branch and Shri Sukhdev Raj, IPF/CIB/UMB in the complaint case of excess charging of TA by Shri Tej Pal, Constable/RPF.
3. Copy of summary of TA of RPF post, SRE for perios 6/2015, 7/2015, 11/15 and 12/15.
Page 1 of 64. Copy of TA journal of ASI Ajay Malik, Constable Suman Kumar, Constable Shiv Kesh, Constable Jaswinder and Constable Karnail Singh of RPF post SRE for the periods of 11/2015, 12/2015, 06/2015 and 07/2015.
5. Other related information.
The CPIO's reply or the First Appellate Authority (FAA)'s order is not on record. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 26.04.2017.
Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Absent
Respondent : Shri Jai Bhagwan Singh,
Divisional Finance Manager cum APIO,
Northern Railway
During the hearing, the respondent APIO submitted that they had provided the requisite reply vide their letters dated 08.03.2017, 14.03.2017 and 24.03.2017. The replies furnished to the appellant are just and proper and hence the case might be dismissed.
The replies dated 08.03.2017, 14.03.2017 and 24.03.2017 were not available in the case record. Accordingly, the respondent PIO was asked to read the same over the VC facility. He was intimated to send copies of the same to the Commission through e-mail for record.
The appellant was not present to plead for this case. On perusal of the relevant case record, it was noted by the Commission that complete reply was not provided to the appellant which is deplorable for which show cause is issued to the then PIO, DPO, Ambala. During the hearing, the Page 2 of 6 respondent submitted that points nos. 1, 2 , 4-7 & 9 were transferred to the RPF branch as the information pertained to them but they also did not provide the requisite information on these points. In view of the above, Show Cause notices are issued to the then nodal PIO, DPO, Ambala & Head of RPF branch u/s 20 of the RTI Act to explain the following:-
Why complete reply was not provided to the appellant in all these years. The explanation(s) to the above stated Show Cause notice is/are to be submitted to the Commission by the respondent CPIO/PIO within 15 days of the receipt of this order. The present CPIO is also to submit a report to the Commission indicating the name, address, mobile no., present place of posting and designation of the CPIO working at the relevant post at the relevant period. The present respondent CPIO is to serve a copy of this order to the then respondent CPIO under intimation to the Commission. On receipt of the explanation to the said Show Cause notice, further action as deemed appropriate will be taken.
The respondent CPIO should note that in the event of non-submission of the explanation within the time stipulated above, the Commission has the liberty to take the required decision ex-parte against the respondent CPIO/PIO.
The respondent PIO is directed to resend the reply dated 23.08.2016 to the appellant within 07 days of the receipt of the order under intimation to the Commission with proof of despatch of the said reply to the appellant.
Be that as it may, since no desired information was provided to the appellant in the present case, the respondent CPIO, Nodal, DPO, Ambala is directed to provide revised point wise reply as discussed during the hearing complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. note sheets, letters, correspondences, e-mails etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 10 days of the receipt of the order. For this purpose, the concerned CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.Page 3 of 6
The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
With the above show cause/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
Adjunct Order : 14.11.2018
Respondent : Shri A.K Sen,
Assistant Security Commissioner
Ambala Cantt
Shri A.K Sen, the Assistant Security Commissioner, Ambala submitted a copy of the reply dated 20.09.2018 in which pointwise reply was provided in respect of point nos. 1 to 8 of the RTI application by RPF branch.
A copy of the online action history of the RTI application was also submitted in which it was shown that the said RTI request was received by Shri Rajiv Chaturvedi, CPIO on 22.02.2017. The said RTI application was transferred to another CPIO, Shri N.M Vashishtha, ASC (RPF) on 27.02.2017 by Shri Harjit Kumar APO(I). The same was returned to Harjit Kumar on 08.03.2017. The RTI application was disposed of on 15.03.2017.
Show Cause notices were issued to the then nodal PIO, DPO, Ambala & Head of the RPF branch u/s 20 of the RTI Act to explain the following:-
Why complete reply was not provided to the appellant in all these years. The DPO sent an explanation that the RTI application was received from Sr. DSC/RPF/Ambala Cantt on 02.03.2017 for reply on item no. 06 (only one) which pertained to the personnel department. However reply to the item no. 8 was sent vide office letter no. 839-E/Bills/UMB dated 24.03.2017. Further a reply was again sent vide office letter no. 839-E/Bills/UMB dated 27.08.2018. As per decision of CIC a photocopy of T.A of Shri Ram Pal of the personnel branch for the month of November/2015 was provided to the applicant.Page 4 of 6
Decision:
On perusal of the reply dated 24.03.2017 it was noted by the Commission that reply on point no. 8 of the RTI application was provided by the APO and reply was found correct. The explanation of the DPO was also considered by the Commission to be justified. Hence, the showcause notice issued against him is decided to be withdrawn.
On perusal of the second appeal it was noted that the appellant had raised certain contention regarding point nos. 4, 2 and 8 of the RTI application. The fact remains that point nos. 2 and 4 of the said RTI application were transferred to the RPF branch but replies to these points were not provided on time to the appellant. The present ASC, Shri Sen failed to explain why delay occurred in replying to the said points contained in the aforestated RTI application.
In respect of point no. 4 the reply dated 20.09.2018 states that the records available in the office were enclosed and other documents were provided by the Vigilance section vide letter no. Vig/CT/B-16/09/00470/U-2 dated 28.10.2016. In respect of point no. 2, the reply dated 20.09.2018 states that sought for information are enclosed.
The fact which is established now is that there was no information provided on point nos. 2 and 4 of the above mentioned RTI application by the concerned CPIO, RPF Branch on time for which the then CPIO, Sr DSC, Ambala posted on March 2017 was responsible.
In view of the above, the Commission hereby imposes penalty of Rs. 10,000/- on the then CPIO, Sr. DSC, Ambala posted on March 2017 for not providing the requisite reply on time. Accordingly, he is directed to pay a sum of Rs 10,000/- in 5 equal monthly instalments. The DRM, Ambala, Northern Railway is directed to recover the amount of Rs 10,000/- from the salary payable to the then CPIO, Sr DSC, Ambala posted on March 2017 and remit the same by way of demand draft drawn in favour of 'PAO CAT' New Delhi in 5 equal monthly Page 5 of 6 instalments. The first instalment should reach the Commission by 10.01.2019 and the last instalment should reach by 10.05.2019. The Demand Drafts should be sent to the Deputy Registrar (CR-II), e-mail;[email protected] Room no. 106, 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 DRM, Ambala, Northern Railway for compliance of this order.
The DRM, Ambala, 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 treated as closed. Copies of the order are to be sent to the concerned parties free of cost.
अिमताभ भ टाचाय)
Amitava Bhattacharyya (अिमताभ टाचाय
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अिभ मा णत स या पत ित)
Ajay Kumar Talapatra (अजय कु मार तलपा )
Dy. Registrar (उप-पंजीयक)
011- 26182594 / [email protected]
दनांक / Date
Copy to: 1)DRM, DRM office, Rail Vihar, Near Ambala Bus Stand, Ambala Cantt, Haryana - 134003.
2) General Manager, Northern Railway, Baroda House, New Delhi-110001.
3) Deputy Registrar (CR-II), e-mail;[email protected] Room no. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067.Page 6 of 6