Shri Ajay Kumar vs Northern Railway on 22 January, 2009

                          Central Information Commission
                                        *****
                                                                No.CIC/OK/C/2007/00501

                                                                  Dated: 22 January 2009

Name of the Appellant                    :     Shri Ajay Kumar
                                               Advocate,
                                               4/7, First Fllor, Asaf Ali Road,
                                               New Delhi - 110002.

Name of the Public Authority             :     Northern Railway


                                        ORDER

The Commission in its earlier hearing held on 11 September 2008 had found the
reply of the Respondent objectionable and granted a compensation, vide its order
dated 30.09.2008, of Rs.30,000/- to the appellant for all the mental torture he had
gone through not only because of this incident but also because of the attitude of the
authorities in the entire matter. Accordingly this amount was to be paid in two
instalments.

2. Subsequently, the Respondents filled a Review Petition, against the
Commission’s Order dated 30.09.2008 on 14 November 2008. The Commission
examined the Petition and noted that the Appellant had first approached the Railway
Board with his first appeal on 20.08.2007 and the Railway Board had, in turn,
transferred the first appeal to the Respondents in this case on 18.09.2007 which was
received on 20.09.2007. The Reply was furnished to the first appeal only on
25.10.2007. As his reply was not satisfactory, the Commission stated that ideally it
would like to have the amount recovered from the person of Senior Deputy General
Manager and First Appellate Authority. The matter was, however, considered again
and it was noted that the reply was given more or less on time. The Commission after
taking note of Section 19(8)(b) which reads “requires the Public Authority to
compensate the complainant for any loss or other detriment suffered”, allowed
Appellant’s appeal and now directs the Department to pay this amount of
Rs.030,000/-. This may be done by 24 February 2009. The Respondent will take an
acknowledgement from the Appellant for the payment of this amount and sent a copy
of the same to the Commission for its records.

3. The Commission ordered accordingly.

Sd/-

(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:

Sd/-

(G. Subramanian)
Assistant Registrar

Cc:

1. Shri Ajay Kumar, Advocate, 4/7, First Floor, Asaf Ali Road, New Delhi-

110002.

2. The Public Information Officer, Northern Railway, Headquarters Office,
Baroda House, New Delhi

3. The Sr. DGM & Appellate Authority, Northern Railway, Headquarters Office,
Baroda House, New Delhi

4. Officer Incharge, NIC

5. Press E Group, CIC