Central Information Commission
CIC/AD/A/2010/000142
Dated 5th April, 2010
Name of the Applicant : MR. R VISWESWARA REDDY
Name of the Public Authority : MINISTRY OF RAILWAYS,NEW DELHI
Background
1. The Applicant filed his RTI request on 24.06.09 with the Dy. Director (PG) & APIO. He wanted to
know :
a) Whether the Railway Vigilance has got any jurisdiction to investigate into the cases pertaining to
the Railway Employees Cooperative Credit Societies particularly against the Directors elected by
its shareholders whereas the competent authority being the central registrar under the Ministry of
agriculture & cooperation, New Delhi.
b) Whether the Railway Vigilance has got any authority/jurisdiction to investigate into the cases
pertaining to the Railway Employees Cooperative Credit Societies against the Secretary/Deputy
Secretary being the officials sent on deputation by the Railways.
2. The PIO replied on 07.08.09 enclosing the reply from the Directorate dated 19.07.09 stating that what
is being sought by the Applicant is an opinion which does not come within the definition of information
under the RTI Act. Not satisfied with the reply the Applicant filed his First Appeal 07.09.09 stating that
the CPIO, Railway Board has denied him the information. He also stated that there are around 25
railway employees cooperative credit societies spread all over zonal Railways and their functioning is
controlled by State/Central Register of Cooperative Societies. The Railway Board which is the apex
decision making body for the Indian Railways must give clear cut clarification/directions on the policy
letters issued by them and any ambiguity in this regard may result in chaos and the Zonal Railways
may take individual decisions defeating the very concept of unity of command i.e. the Railway Board.
In the light of the above position the Applicant submitted that he is well within his right in seeking this
information in terms of Section 2(f) & (j) of the RTI Act, 2005 and that the requested information
should be given to him so that there will be clarity of jurisdictions between the Railways vs. Railway
Employees Cooperative Credit Societies. On not receiving any reply from the Appellate Authority, the
Applicant filed his Second Appeal before the Commission seeking the information once again.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing
for 5th April, 2010.
3. Mr. D S Parida, US(A)III for CPIO, Mr. Vikash Purwar, Dy. (Vig.)M cum deemed PIO, Mr. J. Srinivas,
Exe. Dir(Vig)(A) cum Nodal Officer and Mr. R. Subramanian, JOVIG represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Respondent submitted that CAT, Hyderabad and also High Court of Andhra Pradesh have
already passed orders indicating that vigilance department has jurisdiction to investigate into the cases
pertaining to the Railway Employees Cooperative Credit Societies and particularly against the Directors
elected by its shareholders. The respondent also confirmed the fact the vigilance department is already
enquiring into matters related to cases against the Secretary/Deputy Secretary of Railway Employees
Cooperative Credit Societies. In the light of the submission of the Respondent the Commission directs the PIO
to provide copy of Hyderabad CAT’s order to the Appellant by 30.04.2010 and also to provide the factual
information giving the factual position in respect of the information sought by the Appellant. With regard to
point 3 in the Second Appeal, the Commission holds that additional information is being sought by the
appellant at the appeal stage and advises the Appellant to seek the information through a fresh RTI
application.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. R Visweswara Reddy
Managing Director
SCRECSS Ltd.
Himmatnagar
Secunderabad – 500 025.
2. The PIO
Ministry of Railways
CPIOII, Railway Board
Rail Bhawan
Raisina Road
New Delhi.
3. The Appellate Authority
Ministry of Railways
O/o the Advisor (Staff)
Railway Board
Rail Bhawan
Raisina Road
New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC