Central Information Commission
CIC/AD/A/2010/000356
Dated May 4, 2010
Name of the Applicant : Shri Parmeshwar Paswan
Name of the Public Authority : DRM Office
East Central Railway
Danapur
Background
1. The Applicant filed his RTI application dt.17.8.09 with the PIO, East C entral Railway,
Danapur requesting for the following information:
i) who is the custodian of H.S.D.Oil of work shop Foreman, Danapur and also to
supply the relevant rule relating responsibility of short/excess or maintenance of the store
of H.S.D.Oil
ii) who is responsible for proper accountal and upkeep of all Store Materials, Store
Depot as similar to the Store of H.S.D.Oil.
The PIO replied on 11.11.09 enclosing the point wise information dt.4.11.09 furnished by
Sr.DE (Coord). Not satisfied with the reply, the Applicant filed an appeal dt.23.11.09 with
the Appellate Authority. On not receiving any reply, he filed a second appeal dt.28.1.10
before CIC requesting the Commission for cancellation of D&AR proceedings..
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on
May 4, 2010.
3. Shri Manoj Kumar, PIO represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent Shri Manoj Kumar submitted that that during a check on 12 & 13.11.03,
the ground balance of HSD Oil was found short as compared to the corresponding book
balance and the Appellant was held responsible and D&AR proceedings had been
initiated against him. The Respondent also added that it is the Appellant’s contention
that he has been falsely accused as the person responsible for stores is some one else
whereas he is only a head clerk and not dealing directly with the oil. The Respondent
further added that the Appellant is free to approach the Appellate Authority for waiver of
the penalty imposed upon him and that RTI is not the forum for redressal of his
grievance.
6. The Commission after hearing the submission of the Respondent holds that the relief
being sought by the Appellant from the Commission is outside the ambit of the RTI Act,
and advises the Appellant to approach the Appellate Authority as advised by the
Respondent for waiver of the penalty imposed upon him. The appeal is rejected.
7. The case is closed at the Commission’s end.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Parmeshwar Paswan
Head Clerk
Under Sr. Section Engineer (Bridge)
East Central Railway, Danapur
2. The PIO
East Central Railway
Divisional Railway Manager’s Office
Danapur Division
Danapur
3. The Appellate Authority
East Central Railway
Divisional Railway Manager’s Office
Danapur Division
Danapur
4. Officer incharge, NIC
5. Press E Group, CIC