Central Information Commission
CIC/MA/A/2009/000739-AD
Dated December 31, 2009
Name of the Applicants : Shri Satish M.Ghiya
Name of the Public Authority : Central Railway, Nagpur
Background
1. The Applicant filed an RTI application dt.17.4.09 with the CPIO, CR, Nagpur requesting
for supply of certified true copies of letters dt.31.12.93 and 5.5.94 purported to be
officially addressed to and dispatched to M/s.Maharashtra Antibiotics &
Pharmaceuticals Ltd.(MAPL), Nagpur by the Commercial Branch of Nagpur Divisional
Office of Central Railways under the signature of Sr.DCM.
The PIO replied on 23.4.09 stating that documents sought are more than 19 years old
which is beyond the prescribed period of preservation of records and hence are not
available in his office. Not satisfied with the reply, the Applicant filed an appeal
dt.4.5.09 stating that documents are not 19 years old and there is every reason to
believe that the reply to his application is a casual refusal to supply the documents.
Shri Shailendra Jaiswal, Appellate Authority replied on 26.5.09 upholding the decision
of the CPIO. Being aggrieved with the reply, the Applicant filed a second appeal
dt.15.6.09 before CIC stating that he was victimized by MAPL officials who conducted
a departmental enquiry in 1994 on LTC grounds based on 2 bogus letters as
mentioned in his application. Even no official from Central Railway appeared before
the Enquiry Officer to certify the contents in the said letters. Still the enquiry officer
prejudicially held him guilty of misusing amenities which consequently led to his
dismissal from service in the year 1995 thus spoiling his career and future and
reiterated his request for the information to establish his innocence in the said charges
of misusing of amenities provided by MAPL
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 31, 2009.
3. Shri Manoj Kumar Gangeya, PIo and Shri Anil M.Jawade, CCI represented the Public
Authority.
4. The Appellant was present along with his representative Shri Yogendra Sarat during
the hearing.
Decision
5. The Respondents vide their rejoinder dt.24.12.09 submitted that
information/documents sought pertain to 1993 and 1994. These documents relate to
train journey reservation and LTC of the Appellant. He added that the retention period
of train journey reservation and related matter is only six months and therefore said
documents are beyond retention period and have been destroyed in 2007. The
Appellant at this stage produced before the Commission the letters dt.31.12.93
signed by Shri S.B.Kumbhare and 5.5.94 signed by Shri N.D.Gaikwad which stated
that the Appellant had not undertaken any journey during the said period. He stated
that the contentions of both Mr. Kumbhare and Mr. Gaikwad are incorrect as he has
with him the copies of receipts of payments made by him for the tickets for the Rail
journey, which he managed to get from the Railways. The Appellant produced the
copies of the tickets purchased by him for availing LTC. He further submitted that the
letters were not in the official letter head and believes that the 2 letters are false.
6. The Commission after hearing the submissions made by both sides, and in the light of
the two receipts produced by the Appellant directs the DRM, Central Railway, Nagpur
u/s 18(2) to enquire into the matter and provide information as sought by the
Appellant and the Appellant to provide copies of the letters and the two receipts to
the PIO to facilitate the enquiry. The PIO to provide a copy of the enquiry report to
the Appellant by 31.1.2010 and the Appellant to submit a compliance report to the
Commission by 7.2.2010.
8. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Satish M.Ghiya
# 504, Honeylisha Apartment
Behind Bhakti Vihar Complex
Chhapru Chowk
Lakadganj
Nagpur 440 008
2. The PIO
Central Railway
Divisional Railway Manager’s Office
Commercial Branch
Nagpur Division
Nagpur
3. The Appellate Authority
Central Railway
Divisional Railway Manager’s Office
Commercial Branch
Nagpur Division
Nagpur
4. The Divisional Railway Manager
Central Railway
Nagpur Division
Nagpur
5. Officer incharge, NIC
6. Press E Group, CIC