Central Information Commission
CIC/SG/A/2009/001246-AD
Dated January 4, 2010
Name of the Applicants : Shri M.D.Sharma
Name of the Public Authority : West Central Railway, Kota
Background
1. The Applicant filed an RTI application dt.15.12.08 with the PIO, WCR, Kota requesting
for information against 7 points including withdrawal of pension amount from his
account without his knowledge, total no. of railway pensions who had given the
Vachan Patra to the Bank for the payment of their pension etc. Shri M.C.Pipal, PIO
replied on 30.12.08 enclosing point wise information furnished by Sr.DFM vide his note
dt.17.12.08. Not satisfied with the reply, the applicant filed an appeal dt.23.1.09 with
the Appellate Authority commenting on the reply provided against each point by the
PIO. Shri M.B.Vijay, Appellate Authority replied on 10.2.09 enclosing detailed
clarification furnished by Sr.DFM vide his note dt.3.2.09. Still not satisfied, the
Applicant filed a second appeal dt.11.5.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for January 4, 2010.
3. Shri K.K.Mishra, PIO, Shri H.L.Mahawa, ADRM, Shri Sanjay Malik, Sr.SO and Shri
D.K.Chaturvedi, Sr.P.I represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The Appellant submitted that the department has withdrawn money from his account
without his knowledge. He wanted to know the action taken against the official who
has made a mistake in the first place of and also whether the DRM had the authority
to recover the money from his account without his knowledge. He stated that the
reason for non-payment of pension is the demand for ‘letter of understanding’ . He
added that in collusion with the Bank Manager of SBBJ Kota, the Sr. Divisional
Finance Manager , W.C. Railway, Kota has withdrawn a huge amount of money ie.
Rs.4,47,219 from his SB A/C without informing him and without completing the
Bank formalities. He stated that e had taken up the issue with the District Consumers
Court, Kota and that the Railway Administration and the Bank Manager are
compelling him to give a letter of understanding if he wants to take the pension. The
Respondent submitted that an amount of Rs.4.47 lakhs was paid erroneously to the
Appellant and when after scrutiny it was found that the Appellant had a DAR case
pending against him the amount was recovered and the official responsible for the
erroneous payment has been charge sheeted. He also added that there is no schedule
of power which allows the DRM to recover the amount in the manner in which he did
without informing the Appellant. With regard to the Appellant’s complaint that pension
has been denied to him the Respondent submitted that the pension was not stopped
and that the Appellant was advised several times to open an account in any authorized
Bank and provide details, instead of in the Rajasthan Bank which is not authorized to
make payments .
6. The Commission after hearing the submissions and perusal of records directs the PIO
to provide a copy of charge sheet issued to the official to the Appellant. The PIO is
also advised to facilitate a meeting between the Appellant and the DRM so
that the DRM can sort out the matter related to the pension and the ‘letter of
understanding’. A report on the action taken with regard to payment the pension to
be furnished to the Commission by 4.2.2010. Under Section 18(2) of the RTI Act, the
Commission directs the PIO to provide a detailed explanation to the Appellant, under
intimation to the Commission of the basis on which the amount of Rs. 4.47 lakhs
has been withdrawn from the Appellant’s Account illegally, against rules of
the Bank, without the Appellant’s knowledge. Complete point wise information
against every point in the RTI application to be provided to the Appellant, under
intimation to the Commission.
7. The information to be provided by 4.2.2010. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri M.D.Sharma
H.No.B-6, subhash Colony
Gali No.1
Kherli Phatak
Kota 342 001
2. The PIO
West Central Railway
Divisional Railway Manager’s Office
Kota Division
Kota
3. The Appellate Authority
West Central Railway
Divisional Railway Manager’s Office
Kota Division
Kota
4. Officer incharge, NIC
5. Press E Group, CIC