In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001780
Date of Hearing : February 8, 2011
Date of Decision : February 8, 2011
Due to power failure at NIC Studio, Varanasi, the hearing was held through audio
Parties:
Applicant
Shri Nand Lal Chaudhry
R/o Kerakatpur Lohata Road
Opp. to Krabhoko Bio Fertilizer
PO - Lahata
Varanasi 221 107
The Applicant was heard through audio
Respondents
North Eastern Railway
Divisional Railway Manager's Office
Varanasi Division
Varanasi
Represented by : Shri Satya Narayan, PIO was heard through audio
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
The Commission after hearing the submission by the Respondents holds that the relief being sought by the
Appellant falls outside the ambit of the RTI Act and hence cannot be granted by the Commission and
accordingly rejects the appeal.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001780
ORDER
Background
1. The Applicant filed an RTI application dt.24.12.09 with the PIO, DRM Office, North Eastern Railway
seeking information with regard to withholding of Rs.23,518/ from his retirement benefits. Shri Vinod
Kumar, PIO replied on 25.1.10. Not satisfied with the reply, the Applicant filed an appeal dt.5.2.10
with the Appellate Authority and on not receiving any reply, filed a second appeal dt.Nil before CIC
seeking directions to the Public Authority to pay him the retirement dues which had been withheld. .
Decision
2. During the hearing, Shri Satya Narayan, Respondent PIO submitted that excess payments had been
made to certain staff in the Railways after implementation of Fifth Pay Commission during Jan.96 to
Oct.97 and that it was decided to deduct this excess amount from the retirement dues in the case of
the Appellant. However, based on a Court ruling that no deductions should be made till a decision
has been taken, the amount as mentioned in the RTI application was withheld at the time of his
retirement . As and when the Court decides this matter, action will be taken with regard to the
amount withheld.
3. The Commission after hearing the submission by the Respondents holds that the relief being sought
by the Appellant falls outside the ambit of the RTI Act and hence cannot be granted by the
Commission and accordingly rejects the appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Nand Lal Chaudhry
R/o Kerakatpur Lohata Road
Opp. to Krabhoko Bio Fertilizer
PO – Lahata
Varanasi 221 107
2. The Public Information Officer
North Eastern Railway
Divisional Railway Manager’s Office
Varanasi Division
Varanasi
3. The Appellate Authority
North Eastern Railway
Divisional Railway Manager’s Office
Varanasi Division
Varanasi
4. Officer Incharge, NIC