Central Information Commission
CIC/AD/A/2009/001783
Dated 2nd February, 2010
Name of the Applicant : MR. V. P. MUDGIL
Name of the Public Authority : NORTHERN RAILWAY
Background
1. The Applicant filed his RTI request on 04.09.09 with the CPIO cum DRM,
Northern Railway, New Delhi seeking the status of fixation of his pay as per
direction of the Northern Railway Pension Adalat and also progress made by
P-4 Section of DRM office, New Delhi to comply with the decision of Pension
Adalat. The PIO replied on 08.09.09 informing the Applicant that his case has
been referred to Sr. DAO/NDLS for vetting of pay. However, the Sr.
DAO/NDLS did not agree with the same on the plea that the employee has
not given his option within one month and added that the status of fixation of
pay remains the same. He also stated that pension has been made by the
settlement section. Being aggrieved with the reply, the Applicant filed his First
Appeal on 15.09.09 stating that he on receipt of the letter dated 02.09.1999
he had visited DRM office and had submitted his option which was recorded
and placed in the relevant file in his presence. He requested that his revised
option be taken into consideration for fixation of pay. The Appellate Authority
replied on __.10.2009 reiterating that the Applicant’s option was considered
and sent to the accounts section for vetting but Sr. DAO did not agree with
this on the plea the he had not given his option within one month from
07.01.1992. Still not satisfied with the reply, the Applicant filed his Second
Appeal before the Commission once again requesting for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 2nd February, 2010.
3. Mr. Mohar Singh, PIO cum Sr. DMM, Mr.V.R. Dubey, DMS and Mr. Kailash
Chand represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Appellant complained that the Appellate Authority has not held any
hearing thereby giving him an opportunity to put forward his point of view.
He also stated that he has asked for information against certain questions .
However, the Respondent have created their own questions and replied to
them which is objectionable. He further added that all that he wants is
information on action taken by the department on the decision given by the
Pension Adalat. The Commission , in view of the complaint made by the
Appellant, strongly advises the Appellate Authority to hear both parties, in
future, before disposing off appeals. Also, while agreeing with the Appellant
that the information furnished is not relevant to that sought by him, the
Commission directs the PIO to provide complete information with regard to
the action taken by the department in the light of the ruling of the Pension
Adalat on pay fixation including copies of relevant file notings,
correspondence, orders, circulars etc. in this connection to the Appellant, by
the end of February, 2010.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mr. V.P. Mudgil
H.No. A-133
Anand Vihar
Vikas Marg Ext.
Delhi – 110 092.
2. The PIO
Northern Railway
Divisional Railway Manager’s Office
State Entry Road
New Delhi.
3. The Appellate Authority
Northern Railway
Divisional Railway Manager’s Office
State Entry Road
New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC