Central Information Commission
CIC/SG/A/2009/001163 -AD
Dated 5th February, 2010
Name of the Applicant : MR. NARAYAN LAL KARN
Name of the Public Authority : NORTEAST FRONTIER RAILWAY
Background
1. The Applicant filed his RTI request on 01.04.08 with Dy. GM(G) cum PIO, NF Rly,
Maligaon stating that some records prepared by then CVI (T)/HQ after a decoy check
on 30.12.96 at Guwahati Rly Station, indicated that Rs.13/- were found extra with him
and confiscated that amount. According to the Applicant, the CVI(T)/HQ must had
followed the instruction of rule 2429 (a) of IRCM, and remitted that confiscated
amount Rs.13/- to railway cash office. He added that a case had been initiated
against him vide DCM/LMG’s SF/5 dated 15.01.98. He requested for a photo copy of
the record of cash remittance of Rs.13. The PIO replied on 19.05.08 enclosing the
reply received from the concerned department dated 06.05.08. In this letter Dy.
CVO/T stated that the DAR case in connection with the Applicant the then Hd.TC/GHY
was carefully studied and it was found that he showed Rs.13/- excess in his private
cash during check on 30.12.1996. The excess cash Rs.13/- was not taken over by
Vigilance team from the Applicant by the then Hd. TC/GHY on 30.12.96. Being
aggrieved with the reply, the Applicant filed his First Appeal on 27.06.08 requesting
for the information and insisting that penalty be imposed upon the PIO. The Appellate
Authority on 04.07.07 informed the Applicant that there is no such power bestowed
upon the First Appellate Authority in terms of Section 19 of the RTI Act, 2005 to
penalize any one for deviation from defined provisions of the RTI Act, 2005. Being still
aggrieved with the reply, the Applicant filed his Second Appeal on 19.12.08 before the
Commission stating that on 30.12.96 the Appellant as a commercial staff in the
capacity of Head Ticket Collector performed duty from 2 PM at Guwahati Railway
Station counter No.10. By about 4 PM a gentleman introduced himself as the Zonal
Railway Users and Consumers Committee (ZRUCC) member and sought for
accommodation in Air Condition retiring room, and had informed him that he would
send the amount through the caretaker after going to the room. The ZRUCC members
being a VIP, the Applicant had immediately issued a slip to the care taker of AC
retiring room to accommodate this VIP. There after the Applicant remained busy with
other passengers. After some time caretaker of the retiring room Mr. Poddar came to
the Applicant with an instruction and money from the ZRUCC member. Money
consisted currency notes, one Rs.50/- one Rs.20/- and loose Rs.3/- (a total of Rs.73/),
with the instruction to issue receipt for AC retiring room for Rs.60/- and to spend the
rest Rs.13/- to serve him tea & snacks. The Applicant added that soon after the
caretaker departed from the counter with the receipt, suddenly he was accosted by a
team of civil clad RPF and vigilance personnel headed by then CVI(T)/HQ, who
confiscated all the cash belonging to him and also at the counter. The amount of
Rs.13/- naturally was not shown in the records as he had still to go and get the tea
and snacks. The Applicant stated that the CVI/T paid no heed to his submission and
while declaring Rs.13/- as extra cash found during his check, promptly documented it
in his self prepared “cash declaration slip” and Post Check Memorandum” and made
him(the Applicant) sign the same under coercion. At that point of time Mr. Poddar the
caretaker appeared on the scene and conveyed the displeasure of ZRUCC member.
The CVI(T) who got scared immediately returned Rs.13/- to Mr.Poddar, and also
Rs.807/- to him along with all the seized records so that he can continue his duty.
The Applicant stated that he had no knowledge that the check organized and
conducted by CVI(T) was a “Decoy Check”. He also did not deposit any cash (Rs.13/-)
in the cash office, which is statutory obligation under Rule 2429(a) of IRCM. The
Occupation register of the retiring room was replaced the next day for the new year to
commence from 01.01.97. The Applicant further added that assuming that there was
nothing to worry about, he did not take down the name and address of the ZRUCC
member. After 4 weeks, by which time the old occupation register of retiring room
was destroyed, he was suddenly placed under suspension from 27.01.97, and was
asked to submit his statement about the check conducted by CVI(T) on 30.12.96. The
Applicant further submitted that the suspension was revoked on 05.02.97. Thereafter
no further reference was made about the incident to him throughout the year 1997.
For reasons not known, a major memorandum (SF/5) was framed after an year on
15.01.98 and served to him. In the process, a preliminary enquiry was held after 3
years on 21.01.2000. The enquiry Officer admitted the relevance of care taker Mr.
Poddar as his defence witness, since transaction of money with ZRUCC member was
done by the him. Further enquiry commenced again after one year, after the death of
defense witness Mr. Poddar by a changed Enquiry Officer from 15.02.01.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 5th February, 2010 through video conferencing.
3. Mr. Khindu Ram, PIO and Mr. Alok Dave, Appellate Authority representing the Public
Authority were present at NIC studio, Guwahati.
4. The Appellant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellant was found in possession of Rs.13/- in
excess to his private cash during the decoy check and that the Appellant insists that
the cash was not returned to him and that it must have been deposited by the
Vigilance officer and is seekng the receipt of deposit of the cash. He also stated that
the Appellant was suspended after complete enquiry and as per rules. According to the
Respondent, there is no record in the dealing file of Rs.13/- having been taken from
the Appellant or deposited any where by the Vigilance officer. Hence no receipt as
sought by the Appellant can be furnished to him. The Commission, however, has
decided to allow the Appellant to inspect relevant files for the information and directs
the PIO to provide the photocopy of the receipt if it exists in any one of them. The
inspection to be completed by 10th March. 2010.
6 The appeal is accordingly disposed off
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. Narayan Lal Karn
Rly. Qtr. No. DS-12/H
Kalibari Colony
Guwahati
Assam - 781 001.
2. The PIO
Northeast Frontier Railway
General Manager's Office
Maligaon
Guwahati - 11.
3. The Appellate Authority
Northeast Frontier Railway
General Manager's Office
Maligaon
Guwahati - 11.
4. Officer in charge, NIC
5. Press E Group, CIC