Central Information Commission
CIC/AD/A/2009/001659
Dated 17th February, 2010
Name of the Applicant : MRS. RAMUBEN VELJIBHAI PADAYA
Name of the Public Authority : WESTERN RAILWAY, BHAVNAGAR
Background
1. The Applicant filed his RTI request on 02.03.09 with the PIO cum DRM,
Bhavnagar seeking the death memorandum of her husband who had died on
27.04.83 while on railway duty as Loco Driver. The PIO replied on 27.03.09
informing her that the matter is 25 years old and that information is not
available and hence no certificate prepared at that time is available in the
files. Not satisfied with the reply, the Applicant filed his First Appeal on
23.04.09 reiterating his request for information. The Appellate Authority in his
order dated 11.05.09 informing the Applicant that even after investigation
information could not be located. Still being aggrieved at the reply, the
Applicant filed his Second Appeal on 20.07.09 before the Commission stating
that in case information could not be located even last pay slip at the time of
death can be provided as it is most important for them in legal proceedings.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 17th February, 2010 through video conferencing.
3. Mr.H.M. Parmar, Divisional Personnel Officer cum PIO and Mr. B. L.
Choudhury, Appellate Authority represented the Public Authority at NIC
studio, Bhavnagar.
4. The Appellant was not present at NIC studio, Bhavnagar.
Decision
5. The Respondent submitted that around 1983 a death memorandum
certificate used to be issued when an employee expired. After 1986,
however, the issuing of death memorandum certificate was stopped and
issue of death certificates was initiated instead. In the present case since the
relevant files have been weeded out, the matter being more than 20 years
old no information regarding the death memorandum certificate of the
Appellant’s late husband could be located and for the same reason last pay
slip is also not available. The Commission hence directs the PIO to furnish
proof of the fact that the relevant file was indeed weeded out , to the
Appellant. In the interest of the Appellant, she is advised to meet with thee
Personnel officer so that the officer can look into the matter and take
appropriate action.
6. The Appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Mrs. Ramuben Veljibhai Padaya
Plot No.18A
Driver Colony
Kumbhar Wada
Bhavnagar – 364 006.
2. The PIO
Western Railway
Divisional Railway Manager’s Office
Bhavnagar Division
Bhavnagar.
3. The Appellate Authority
Western Railway
Divisional Railway Manager’s Office
Bhavnagar Division
Bhavnagar.
4. Officer in charge, NIC
5. Press E Group, CIC