Central Information Commission
CIC/OK/A/08/01219-AD
Dated May 28, 2009
Name of the Applicant : Mr.Ashwani Kumar
Name of the Public Authority : Northern Railway, Haryana
Background
1. The applicant filed an RTI application dt.21.5.08 with the CPIO, NR, Jagadhri.
He requested for information with regard to Special Rail Journey passes
issued to the 8 delegates from Jagadhri for attending a General Body Meeting
on 30.9.07 at New Delhi:
i) How many delegates out of 8 availed the above said Special Rail
Journey Pass to attend General Body meeting at Baroda House, New Delhi on
30.9.07.
ii) Provide the list by name wise
iii) Are these delegates entitled to avail their Railway Special Pass as per
IREM
iv) If no, then what action has been taken against each of them by their
seniors.
The CPIO replied on 7.7.08 stating that as per instructions contained in pass
manual, these delegates are not entitled for special passes to attend General
Body Meeting. Hence, action for recovery as per rules from their salary equal
to the fare as found due, is being taken for which they are being issued show
cause notices and the issuing authority has also been warned to be more
careful in future. Not satisfied with the reply, the Applicant filed an appeal
dt.17.7.08 with the Appellate Authority. The Appellate Authority replied on
11.8.08. Aggrieved with the reply, the Applicant filed a second appeal
dt.8.9.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 28, 2009.
3. Mr.Vikas Anand, Sr.EDPM, Mr.Janardhan Singh, Dy.CPO, mr.K.Tyagi, APO and
Mr.Rachpal Singh represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondent submitted that the CPIO wrote to the Director, NZRE society
dt.15.8.08 giving the details of fare to be recovered as per rules, from the 7
delegates of NZRE Society and requesting the Director that the Appellant be
informed about the same. The Director referred the case to the Chairman,
NZRE, Baroda House requesting for guidelines on the above subject and the
Chairman in turn referred the case to M/o Railways. The Ministry replied on
30.3.09 stating that only members are entitled to passes. The Respondent
submitted that reply from the Ministry was ambiguous and it is still not clear
whether to consider delegates as members or not. The Appellant , on his
part, quoted the point 2.3.2.1 of IREM manual which clearly states that
delegates are not members.
6. In this situation, the Commission directs the CPIO to provide an Action Taken
Report to the Appellant based on Ministry’s clarification, before July 15,
2009 and to send a compliance report to the Commission.
7. The Commission directs the CPIO to show cause as to why a penalty of
Rs.250/- per day (Maximum Rs.25000/-) should not be levied on him for not
responding to the Appellant within the stipulated time as prescribed in the
RTI Act. The information should reach the Commission before June 20,
2009.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Ashwani Kumar
F-178/F2, Dilshad Colony
Delhi
2. The CPIO
Northern Railway
O/o Chief Works Manager
Jagadhri Workshop
Haryana
3. The Appellate Authority
Northern Railway
O/o Chief Works Manager
Jagadhri Workshop
Haryana
4. Officer in charge, NIC
5. Press E Group, CIC