Central Information Commission CIC/AD/A/2010/000325 Dated May 12, 2010 Name of the Appellant : Mr. Bankey Manjhi Name of the Public Authority : C.L.W, Burdwan Background
1. The Applicant filed his RTI Request on 26.08.2009, with the PIO C.L.W, Burdwan. He
sought information related to the 10% balance of gratuity and about his allowances and
also rules by which the 10 per cent gratuity was withheld. The PIO replied on 18.09.2009
providing point wise information. Not satisfied, the Applicant filed his First Appeal on
19.10.2009 commenting on the information provided by the PIO. The Appellate Authority
replied on 17.11.2009 advising the Appellant to represent before the Appropriate
Authority so that his Grievance can be redressed. Being aggrieved with this reply, the
Applicant filed his Second Appeal before the Commission on 08.01.2010 requesting that
the interest on delayed payment be recovered from SPO (W).
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for May 12, 2010.
3. Mr. A.P. Dey, CPIO, Mr. A.K. Sinha, CLA, Mr. A. Chakravorthy, Welfare Inspector, and
Mr. A.K. Senbakshi, CPO (Works) represented the Public Authority and were heard
through video conferencing.
4. The Appellant was also heard through video conferencing.
Decision
5. During the hearing, the Appellant wanted to know the rule by which 10% gratuity was
withheld and the rule by which the interest on Gratuity withheld cannot be paid to him
when the fault can attributed to the Settlement Payment Controlling Officer. The
Commission accordingly directs the PIO to provide a copy of the rules being sought in
respect of withholding 10% gratuity and non payment of interest, if available on record.
The Appellant may also be allowed to inspect the file dealing with his terminal benefits
and be provided with attested copies of documents he requires. Information may be
provided to the Appellant by 10.06.2010.
6. The Appellant is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Bankey Manjhi,
Ex Section Engineer,
Majhi Bhavan,
Salbagan,
PO+PS Mihijam,
Jamtara 815354
2. The Public Information Officer,
Chittranjan Locomotive Works,
Chittranjan,
Distt Burdwan 713331
West Bengal
3. The Appellate Authority,
Chittranjan Locomotive Works,
Chittranjan,
Distt Burdwan 713331
West Bengal
4. Officer in charge, NIC
5. Press E Group, CIC