Central Information Commission
CIC/OK/A/2008/01216-AD
Dated June 18, 2009
Name of the Applicant : Mr.R.Shanmugam
Name of the Public Authority : Southern Railway, Salem
Background
1. The Applicant filed an RTI application dt.16.4.08 with the CPIO, SR, Palghat.
He requested for the following information:
i) Letter written by Mr.P.Krishnamurthy, Staff No.123, Brick layer,
SE/W/O/TPT to ADEN/N/SA detailing the facts of the decoy check done at
SE/W/Office/TPT on 28.2.07 copies to Sr.DEN/Co-ordn/PGT and DRM/PGT
ii) Letter written by Mr.L.Murali, Staff No.160, N.A.Khalasi, SE/W/O/TPT
to ADEN/N/SA detailing the facts of the decoy check done at SE/W/Office/TPT
on 28.2.07 copies to Sr.DEN/Co-ordn/PGT and DRM/PGT
On not receiving any reply, he filed an appeal dt.9.6.08 with the Appellate
Authority. The Appellate Authority replied on 7.7.08 stating that no such
letters written by Mr.P.krishnamurthy and Mr.L.Murali have been received in
his office. Aggrieved with this reply, the Applicant filed a second appeal
dt.26.8.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for June 18, 2009.
3. Ms. Chandrika Jayasankar, DPO cum CPIO and Mr. R. Nanda Kumar, Sr.
Divisional Engineer, Salem represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellant was caught red handed
accepting a bribe from a contractor. The vigilance department took up the
case and based on the immediate fact finding report a charge sheet was
issued. However, the detailed inquiry is still going on. The Respondent also
added that it is the contention of the Appellant that he was framed in this
case. The two individuals mentioned in the RTI request mentioned had given
their statements in connection with the case. The Respondent further stated
that the letters by the two could not be found either at Palghat or at Salem.
She presented before the Commission the letter received from Palghat dated
2.7.08 from Sr. Divisional Engineer stating that no such letters were received
in his office. The Commission, after due consideration of the Appellant’s
request, denies the disclosure of the two statements given by the two
individuals under Section 8(1) (g) of the RTI Act. The affidavit to be provided
by 15th July, 2009.
6. The appeal is disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Mr.R.Shanmugam
Section Engineer/Works
Divisional Office
Southern Railway
Suramangalam
Salem 636 005
2. The CPIO
Southern Railway
Divisional Railway Manager’s Office
Personnel Branch
Salem 636 005
3. The Appellate Authority
Southern Railway
Divisional Railway Manager’s Office
Personnel Branch
Salem 636 005
4. Officer incharge, NIC
5. Press E Group, CIC