In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001048
Date of Hearing : July 5, 2011
Date of Decision : July 5, 2011
Parties:
Applicant
Ms.Uma Ganguly
HelperI
Posted under SSE(T)/L
ASTE(TM)'s Office
South Eastern Railway
Garden Reach
Kolkata 700 043
The Applicant was present at NIC Studio, Kolkata
Respondents
The Public Information Officer
South Eastern Railway
O/o the Chief Personnel Officer
11, Garden Reach
Kolkata 700 043
Represented by : Shri B.N.Soren, APIO & Dy.CPO
NIC Studio, Kolkata
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001048
ORDER
Background
1. The Applicant filed an RTI Application dt.9.2.11 with the PIO, South Eastern Railway, Kolkata seeking
the following information:
i) Up to date noting of the competent authorities in regard to the follow up action after
submission of the report dated 3.12.10 of the Visakha Committee on prolong sexual harassment by
the accused Shri Debashis Ghosh, DSTE(TM), South Eastern Railway, Kolkata.
ii) Resonant order of the competent authorities for not taking any action against the accused
Shri Debashis Ghosh, DSTE(TM), South Eastern Railway, Kolkata after lapses of more than 68 days
from the submission report dt.3.12.10 by Visakha Committee.
iii) In case it has been forwarded to the Railway Board, the information to be collected and
given to her directly.
Shri Debashis Chandra, CPIO replied on 14.2.11 stating that the case has been forwarded to the
concerned department i.e. PIO & CPO(Admin) for examination and to furnish the remarks directly to
her. Shri B.N.Soren, APIO replied on 3.3.11 stating that the RTI application has been forwarded to
the Railway Board for competent authority’s views/orders and on receipt of the same, the final reply
will be communicated. On not receiving any further information, the Applicant filed an appeal
dt.10.3.11 with the Appellate Authority reiterating her request for the information and then on 21.3.11
without waiting for the mandatory time period to end, she filed a second appeal before the
Commission.
Decision
2. During the hearing, the Respondents submitted that the matter was first referred to the Railway
Board who had returned the file to South Eastern Railway since Shri Debashis Ghosh had been
transferred to the East Coast Railway. He added that the case was therefore again transferred to the
Disciplinary Authority of East Coast Railway. The Appellant submitted that the report was submitted
on 3.12.10 and she was informed only vide letter dt.3.3.11 that the case has been referred to the
Railway Board. She wanted to know the reasons for the delay in sending the case to the Railway
Board.
3. The Commission after hearing the submissions made directs as follows:
i) PIO to provide sequential information regarding disposal of the case to the Appellant.
ii) PIO to forward a copy of this Order to the Disciplinary Authority of East Coast Railway
recommending strongly that a final decision be taken within one month of receipt of this Order and to
convey the decision taken to the Appellant.
iii) PIO to provide the reasons for the delay in referring the case to the Railway Board if
available on records, in the form of either any communication or file notings.
4. The information to be provided by 5.8.11 to the Appellant.
5. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms.Uma Ganguly
HelperI
Posted under SSE(T)/L
ASTE(TM)’s Office
South Eastern Railway
Garden Reach
Kolkata 700 043
2. The Public Information Officer
South Eastern Railway
O/o the Chief Personnel Officer
11, Garden Reach
Kolkata 700 043
3. The Appellate Authority
South Eastern Railway
O/o the Chief Personnel Officer
11, Garden Reach
Kolkata 700 043
4. Officer in charge, NIC