Central Information Commission
CIC/AD/A/2010/000491
Date: 9th June, 2010
Name of the Appellant : Mr. C.T Adsule
Name of the Public Authority : DRM's office, Personnel Deptt
Western Railway
Background
:
1. Mr. C T Adsule from Valsad filed an RTI application on 3.0.09.2009 addressed to the CPIO &
Deputy Genera Manager, Western Railway seeking reasons for which his representation dated6.8.09 for payment of arrears was not considered by the General Manager and the details of
the Competent Authority who could refer this matter to the Departments of Legal Affairs,
Ministry of Law and permission to inspect certain files & to take copies of the required
documents. The PIO in his letter dated 29.10.2009 provided the available information and the
permission to inspect the concerned files. Not satisfied with the information, the Applicant filed
his First Appeal with the Appellate Authority stating that date of receipt of RTI application should
be 1.10.09 as it was received by hand and requested the Appellate Authority to call back his
RTI application from Dy. CPO(HQ) CCG as information has been specifically solicited from the
GM office Churchgate.. The First Appellate Authority in his letter dated 25.11.2009 accepted
the submission of the Applicant regarding the date of receipt of RTI application and explained
that the RTI application was transferred to DCM &CPO as it was assumed that some items in
the Appellant’s RTI application were pertaining to Mumbai Central and hence the same was
transferred to BCT division. The Dy. CPO in his letter dated 19.01.2010 stated that suitable
information was already provided regarding the representation of the Appellant by the General
Manager. Still not satisfied, the Applicant filed a second appeal before the Commission on
26.02.2010 requesting the Commission to direct the Public Authority to provide correct
information against point 1. and point 2. of the RTI application
2. The Bench of Mrs. Annapurna Dixit scheduled the hearing for 9th June, 2010.
3. Mr. SM Mina PIO Western Railway and Ms. Rekha Yadav PIO SR. Bombay Division
represented the Public Authority and were heard through Video Conferencing.
4. The Appellant was present and was heard through video conferencing.
Decision:
5. During the hearing, the Respondent submitted that the Appellant is seeking the details of the
Competent Authority and the Officials of the law to whom he can appeal on the subject matterand the proper Channel for getting this matter redressed. The Respondent submitted that the
information regarding the same was provided vide letter dated 29.01.2010 stating that there was
no specific procedure laid down for appeal to the DOPT or to the Law Ministry. The Respondent
also stated that the information regarding the details of the process by which the Railway Board
could be approached with an Appeal has been furnished. The Appellant submitted that he was
not satisfied with the reply he had received against Point 1 and Point 2 of his RTI application
and stated that the Respondents had wrongly relied on upon the reply given by the PIO
according to which the matter i.e. WP No.455/02 was pending in the Mumbai High Court. The
Respondents on their part maintained that until such time that the subject matter which relates
to the Appellant’s seniority, promotion and arrears is decided by the High Court in WP no.
455/02 it will not be possible to pay the arrears as sought by him.
6. The Commission on careful consideration of the facts of the case holds that available
information has been furnished to the Appellant and accordingly disposes of the appeal.
(Annanpurna Dixit)
Information Commissioner
Authenticated True Copy :
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. C T Adsule,
796/C, RLY Colony (West),
Valsad,
Gujarat396001
2. The Public Information Officer
Western Railway, HQ. Office,
Churchgate,
Mumabi400020
3. The Appellate Authority
Western Railway, HQ. Office,
Churchgate,
Mumabi400020
4. Officer Incharge, NIC
5. Press E Group, CIC