Central Information Commission
CIC/AD/A/2010/000559
Dated June 22, 2010
Name of the Applicants : Shri Om Prakash Sharma
Name of the Public Authority : North Central Railway, Allahabad
Ministry of Railways, New Delhi
Background
1. The Applicant filed an RTI application dt.dt.21.10.09 with the PIO, Ministry of Railways. He wanted to
know why he was removed from service three times and also why his salary was not paid. Shri Sunil
Kumar, CPIOIII replied on 7.12.09 stating that the requisite information had been provided to the
Applicant by DGM(G), North Central Railway, Allahabad vide letter dt.26.10.09 with reference to
Railway Board PG Directorate letter dt.23.10.09. Not satisfied with the reply, applicant filed an appeal
dt.29.12.09 with the Appellate Authority. On not receiving any reply, the Applicant filed a second
appeal dt.Nil from CIC requesting the Commission to direct the Public Authority for release of his
salary and dues and other promotion and privileges in connection with his service.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for June 22,
2010.
3. Shri B.P.Meena, Nodal Officer and Shri Vinod Samuel, APIO (Coord) represented the Public
Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondent produced before the Commission a letter No.732E/1Engg(O.P.S) dt.11.4.1968
written by DPO, Northern Railway, Allahabad to the Appellant stating that the Appellant being a
temporary employee with less than 3 years of service, is entitled to the grant of extraordinary leave
without leave salary for not more than 3 months at any one time in terms of rule No.732(I) of the
IREC, VolI (1959 edition). The DPO further added in his letter that since the Appellant had failed to
resume duty on the expiry of the period of three months, the unauthorized absence from duty from
12.10.67 to 11.1.68 (both days inclusive) had been treated as extraordinary leave without leave
salary and the Appellant hence was deemed to have resigned from his appointment of
Telecommunication Maintainer and had accordingly ceased to be in Railway Service with effect from
12.1.68 (FN). With regard to the Appellant’s complaint regarding his unpaid salary, the Respondent
refuted this contention and in support of their argument that all dues have been paid to the Appellant,
produced before the Commission a letter dt.6.2.09 written by Dr..R.Velu, Hon’ble Minister of State of
Railways addressed to Shri Vijendra Singh, MP in response to a complaint filed by the Appellant, in
which it was stated that all dues have been paid to the Appellant , The Appellant , however, denied
having received any payment of salary/dues.
6. The Commission after hearing the submissions of both sides directs the PIO, North Central Railway,
Allahabad to provide to the Appellant the file notings pertaining to his removal from service thrice as
sought by him. The relevant file/s pertaining to payment of the Appellant’s dues/salary also to be
allowed to be inspected by the Appellant and he may be provided with attested copies of documents
he requires.
7. The information to be provided to the Appellant by 22.7.10 and the Appellant to submit a compliance
report to the Commission by 29.7.10.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Om Prakash Sharma
H.No.E1/163
Shivram Park
Nagloi
Delhi 110 041
2. The PIO
North Central Railway
Headquarters Office
BBlock, GM Office
Subedarganj
Allahabad
3. The Appellate Authority
North Central Railway
Headquarters Office
BBlock, GM Office
Subedarganj
Allahabad
4. Officer incharge, NIC
5. Press E Group, CIC