CIC/SG/A/2009/001130 -AD
Dated 5th January, 2010
Name of the Applicant : MR. FRANCIS G. CHRISTI
Name of the Public Authority : WESTERN RAILWAY, VADODARA
Background
1. The Applicant filed his RTI request on 08.07.08 with the PIO & Sr.DCM BRC, Western
Railway, Vadodara seeking information related to compassionate allowance,
compulsory retirements etc. against 4 points. The PIO replied on 07.08.08 informing
the Applicant that compassionate allowance has not been granted by the competent
authority to the Applicant’s son while enclosing copy of a circular dated 26.10.07 as
sought by the Applicant. Not satisfied with the reply, the Applicant filed his First
Appeal on 02.09.08 seeking factual position with regard to his removal from service,
whether it is removal or compulsory retirement. He also wanted to know whether he
is receiving any pension and gratuity and whether any compassionate allowance would
be provided to him. The Appellate Authority replied on 26.09.08 enclosing a rely
received from ADRM, WR, Pratapnagar informing him that the copy of NIP sent to him
is the correct one and is a copy of the original NIP available in the files and also that
the competent authority has not passed any orders with respect to compassionate
grant in his case and that the same has been communicated to him. In addition he
stated that He also added that the authority which passes the order of removal has
to pass separate orders for compassionate grant. The Applicant wanted to know why
no advice was given to him which means no such order was warranted as the
disciplinary authority has not removed him on compulsory retirement. The Appellate
Authority replied on 26.09.08 enclosing CPIO’s reply dated 26.09.08. Still being
aggrieved with the reply, the Applicant filed his Second Appeal on 09.12.08 before the
Commission wanting to know the factual position with regard to compassionate grant
as also the copy of the file notings and also whether he has been removed from
service or has been retired compulsory.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 5th January, 2010.
3. Mr. M.A. Dan…., DPO & CPIO, Mr.R.S. Saxena, ADRM & Appellate Authority, Mr.M.R.A.
Mirza, DCM & Deemed PIO and Ms. Arpita K. Bhatt Asst. Commercial Inspector
represented the Public Authority.
4. Mr. Taneja on behalf of the Applicant was heard over telephone during the hearing.
Decision
5. The Respondent informed the Commission that complete information has been
provided to the Appellant. The Applicant wanted the compassionate grant and wanted
to know why information about the same has not been conveyed to him. The
Respondent at this stage informed the Appellant that the competent authority had
agreed to give the compassionate grant to the Applicant amounting to 1/3rd of the
normal grant as the Appellant has been removed from service. In response to the
Applicant’s query regarding payment of gratuity, the Respondent suggested that the
Appellant to send an application to the Appellate Authority for the same so that the
request can be considered. The Commission holds that complete information has been
provided to the Applicant and suggests that the Appellant send the application for
gratuity to the Respondent Appellate Authority and advises the Appellate Authority to
take appropriate action in this regard and inform the Appellant accordingly.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Francis G. Christi
C/o Nawnit Taneja
D-29, Anand Nagar,
B/h Science College,
Godhara – 389 001.
2. The PIO
Western Railway
Divisional Railway Manager’s Office
Vadodara Division
Vadodara.
3. The Appellate Authority
Western Railway
Divisional Railway Manager’s Office
Vadodara Division
Vadodara.
4. Officer in charge, NIC
5. Press E Group, CIC