Central Information Commission
CIC/AD/A/2010/000085
Dated 31st March, 2010
Name of the Applicant : MR. BADAL SENGUPTA
Name of the Public Authority : SOUTHERN RAILWAY, CHENNAI
Background
1. The Applicant filed his RTI request on 29.10.08 with the Railway Board, New
Delhi seeking information against 16 points and several sub points including
information about the Anomaly Committee set up by the Cabinet/Central
Government besides miscellaneous information relating to 6th Pay
Commission recommendations. The PIO replied on 28.04.09 informing the
Applicant that against point 1 (k) no cases are pending before the CAT, State
High Court & Supreme Court on the irregular fixation of pay scale by 5th PC
and against point 6 there is no pay scale of chief booking supervisor in scale
Rs.7450 – 11500/-, implemented prior to the existence of 6th PC. Not
satisfied with the reply, the Applicant filed his first appeal on 28.05.09
seeking information once again. The Appellate Authority replied on 25.06.09
providing further clarification against point 1 (k), 6, 3 and 5. Still not satisfied
with the reply, the Applicant filed a Second Appeal before the Commission on
23.11.09.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 31st March, 2010 through video conferencing.
3. Smt. J. Jairaj, PIO, Mrs. Sunita, PIO and Mr. Ganeshan SSP were present at
NIC studio, Chennai.
4. The Appellant was not present for the hearing.
Decision
5. The Respondent submitted that the Railway Board had transferred the RTI
application to the Western Railway for providing information against point
1(k), 3, 5 and 6. Against point 1(k) and 6 information was furnished by the
PIO, Personnel Branch, Chennai whereas information against the points 3 & 5
were provided by PIO, Accounts Section. The Commission on perusal of the
information sought and after hearing the submissions of the two PIOs
present at the hearing, holds that complete information has been provided
against point 1(k), 3, 5 and 6 by the two PIOs, Southern Railway, Chennai.
However, by this order the Commission directs the PIO, Railway Board, New
Delhi to appear before the Commission on 21.05.2010 at 2.30 P.M.in
connection with non supply of information for the remaining points in the RTI
application for which the RTI application was transferred to him. The PIO
Railway Board to bring along with him a written submission in respect of the
showcause notice being issued to him as to why a penalty should not be
imposed upon him for not having furnished the information within the
mandatory period. The PIO, Southern Railway Chennai may also forward this
Order to PIO, Railway Board .
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Badal Sengupta
Subhash Nagar Estate
31/4/ Krishna Nivas
390 N.M. Joshi Marg
Mumbai – 400 001.
2. The PIO
Southern Railway
Headquarter’s Office
Personnel Branch
Chennai – 600 003.
3. The Appellate Authority
Southern Railway
Headquarter’s Office
Personnel Branch
Chennai – 600 003.
4. The PIO
Railway Board
Railway Bhawan
New Delhi – 110 001.
5. Officer in charge, NIC
6. Press E Group, CIC