Central Information Commission
CIC/SG/A/2009/001256 -AD
Dated 6th January, 2010
Name of the Applicant : MR. C.T. ADSULE
Name of the Public Authority : WESTERN RAILWAY, MUMBAI
Background
1. The Applicant filed his RTI request on 23.08.08 with the CPIO, Western Railway,
Mumbai seeking information against 2 points including certified copy of the rules which
are available with the GM’s office of Western Railway which allows the Public Authority
not to implement the orders of O.A. 1030/95, which has been challenged by Railway in
High Court Bombay in W.P. 455/2002 and no stay orders have been granted 2 points.
The PIO replied on 25.09.08 providing point wise information and informing the
Applicant that there is no such rule for non-implementation of OA’s orders and also
informing the Applicant that contempt petition filed has been dismissed against the
judgment in O.A. No.1030/95 as certain observations were contrary to the codal
provisions and that as such the writ petition has been filed in High Court, by Mumbai
Division which is pending. He also stated that orders made against the O.A. 657/02
have been implemented and that there is no such rule for non-implementation of the
order. Being aggrieved with the reply, the Applicant filed his First Appeal on 07.10.08
stating that information is incomplete and misleading. The Appellate Authority replied
on 18.11.08 informing the Appellant that information has been provided to the
Applicant while enclosing fresh remarks as given by the Personnel department . He
also stated that the Applicant has already availed the opportunity for inspection of all
the relevant documents a number of times. The Appellate Authority once again
advised the Applicant to approach the Chief Personnel Officer, Western Railway for
redressal of his grievance. Being aggrieved with the reply, the Applicant filed his
second Appeal on 01.12.08 before the Commission seeking the correct information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 6th January, 2010.
3. Mr. Surajmal Meena, Dy. CPO & CPIO represented the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. The Applicant submitted that he had approached CAT for his revised pay fixation and
that the judgment of CAT was against Railways and had favoured him. But the
Railways while not implementing the decision of CAT’s order within 3 months, filed a
Writ Petition in High Court of Mumbai and the case is still pending and he wanted the
specific rule for not implementing the CAT’s order. The Respondent submitted that
there is no such rule available and added that the Public Authority had approached the
High Court of Mumbai with WP 445/02 in the year 2002. The Commission while noting
that information has already been supplied and that the Appellant has already inspectd
all the files, diects the Chief Personnel Officer, Western Railway, Churchgate,
Mumbai under Section 18(2) of the RTI Act to look into the matter related to the
Appellant’s grievance in respect of non implementation of the CAT’s Order within 3
months and to provide him for the last time with copies of any file notings,
correspondence etc. if available, which provide the reasons for the same , by
February 10, 2010. If such reasons are not available, the same my be informed to the
Appellant.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. C.T. Adsule
796/C, Railway Colony (West)
Valsad
Gujarat – 396 001.
2. The PIO
Western Railway
Headquarter Office
Churchgate
Mumbai – 400 020
3. The Appellate Authority
Western Railway
Headquarter Office
Churchgate
Mumbai – 400 020
4. Officer in charge, NIC
5. Press E Group, CIC