Central Information Commission
CIC/AD/A/2009/001500
Dated January 21, 2010
Name of the Applicant : Ms.Jharna Mandal
Name of the Public Authority : South Eastern Rly. Adra
Background
1. The applicant filed an RTI application dt.1.6.09 with the PIO, SE Rly. Adra seeking
information against 10 points related to the railway administration of Adra Division
and also about her husband’s transfer orders. Shri A.Chattaraj, APIO replied on
19.8.09 furnishing point wise information. Not satisfied with the reply, the applicant
filed an appeal dt.26.8.09 with the Appellate Authority stating that the information is
incomplete and far from truth and that she has received the reply only after 81 days
and reiterating her request for the information. Shri Debashis Chandra,
CPIO/Coordination & Dy.CCM/Spl replied on 5.10.09 reproducing the orders passed by
the Appellate Authority as below:
‘It is observed that the PIO has answered all the points except No.6, 7, 9 and 10. As
regards Q.No.6, it is stated that no pressure from Union is available on record. This
makes Q.No.7 redundant. Q.No.9 & 10 do not relate to any information but the
applicant has sought explanation of Rly Administration which does not come within the
purview of RTI Act’.
Being aggrieved with the reply, the applicant filed a second appeal dt.4.11.09 before
CIC commenting on the reply provided by the PIO and stating that most of the
information that has been provided is incorrect because the administration had failed
to explain the reasons even during the hearing as per the verdict of Hon’ble CAT,
Kolkatta dt.10.8.05
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for January 21, 2010.
3. Shri A.Chattaraj, APIO, Shri N.C.Manal, DPO and Dr.B.P.Nanda, Sr.DMO(SAG) ENT
represented the Public Authority.
4. Contact with the Appellant could not be established as there was no response to the
phone call.
Decision
5. The respondents submitted that the appellant’s husband was a pharmacist in the
health centre of Bankura and that he was transferred from Bankura to Bhojdih due to
his misbehaviour. Shri H.S.Mandal had then appealed to the railway administration for
sympathetic consideration of his case. On consideration of his appeal, wherein he had
requested for transfer to any place around Bankura, so that he can be close to his
family , Shri H.S.Mandal was transferred to Adra which is close to Bankura in 2003.
On his petition, the Hon’ble CAT, Kolkata vide its decision dt.10.6.05 had ordered that
his case be considered sympathetically. Based on the Hon’ble CAT’s order, a speaking
order was issued by Sr.DPO, Adra stressing on the fact that even before the CAT’s
decision, railway administration had considered his case sympathetically and had
transferred him from Bhojdih health centre to Adra Railway Hospital vide office order
dt.29.10.03 on administrative grounds against existing vacancy. Shri H.S.Mandal had
resumed duty at Adra Railway Hospital on 3.11.03 and in this context, his wife had
filed the RTI application seeking information against 10 points. The Respondent also
produced before the Commission the letter dt.25.8.09 by CMS, Adra providing the
information against points 2, 4, 8(a) and 8(b).
6. The Commission after hearing the submissions made and reviewing the documents
placed on record directs the PIO to provide the following, while holding that
information against points 3, 5, 8(b) has been provided and information sought
against points 6 and 7 does not fall under the definition of information u/s 2(f) of the
RTI Act.:
i) the order of the competent authority transferring the applicant's spouse
(against to point 1)
ii) With regard to point 4, copy of the letter dt.14.11.02
iii) Information against point 8(c)
7. The information should reach the appellant by 25.2.2010 and the appellant to submit
a compliance report to the Commission by 30.2.2010.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms.Jharna Mandal
H.No.502/1
Cemetry Road
Bankura 722 101
West Bengal
2. The PIO
South Eastern Railway
Divisional Railway Manager’s Office
Adra Division
Adra
3. The Appellate Authority
South Eastern Railway
Divisional Railway Manager’s Office
Adra Division
Adra
4. Officer incharge, NIC
5. Press E Group, CIC