Central Information Commission
CIC/AD/C/2010/000036
Dated April 1, 2010
Name of the Applicant : Shri Manoj Kumar
Name of the Public Authority : East Central Railway HQ
Hajipur
Background
1. The Applicant filed an RTI application dt.28.8.09 with the PIO, East Central Railway,
Hajipur. He stated that he was informed on 1.7.09 by the the concerned dealer in the
office that his service book is not available and that he had written a letter on 29.7.09 to
GM(Personnel) about the missing service book but no reply has been received so far. In
this context, he requested for information against 5 points. Shri Rajesh Kumar, PIO
replied on 12.11.09 stating that the Service Book has been misplaced at the Construction
Department and information has been sought from them and as soon as it is received the
same will be furnished. Not satisfied with the reply, the Applicant filed a complaint
dt.16.11.09 before CIC stating that no information has been received and due to the
missing Service book, he is unable to get 60% arrears as per 6 th Pay Commission
recommendations which are due to him.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for April 1, 2010.
3. Shri Rajesh Kumar, PIO represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondent Shri Rajesh Kumar submitted that the Appellant’s service book was
misplaced by the Construction Department, wherein the Appellant had served for some time, and
that the same has been reconstructed and that the Appellant’s signature has been taken on the
new service book. He added that the fixation of pay of the Appellant as per 6 th Pay Commission
recommendations at Rs.9940/ (basic pay) has been completed and the bill for arrears due to
him has been sent to the Bill Section for processing. The Respondent assured the Appellant that
the arrears would be paid before the end of April, 2010. In response to the Appellant’s query
whether the correct procedure has been adopted in respect of the reconstruction of the service
book, as he had been informed by the Accounts Officer that the GM has to approve such
reconstruction, the Respondent mentioned that the Chief Personnel Officer is competent enough
to take a decision on this matter. The Appellant was satisfied with this information. The
Respondent also added that the remaining information would be furnished within 10 days of the
date of hearing and that the delay was due to the time taken to reconstruct the service book. The
Commission accordingly directs the PIO to provide the information against the remaining points
within 10 days of date of hearing.
6. The Commission directs the PIO 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 RTI
application within the mandatory time as prescribed under the Act. He is directed to
submit his written response so that it reaches the Commission by 1.5.10.
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy. Registrar
Cc:
1. Shri Manoj Kumar
Stenographer
R.No.38, Old Bhawan
Store Department
East Central Railway
Hajipur
2. The CPIO
East Central Railway
General Manager’s Office
Hajipur 844 101
3. Officer incharge, NIC
4. Press E Group, CIC