In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000909
Date of Hearing : July 5, 2011
Date of Decision : July 5, 2011
Parties:
Applicant
Shri Sumanta Bhattacharya
Qtr.No.1BR72
IIT Kharagpur Campus
Kharagpur
West Midnapore
West Bengal 721 302
The Applicant was not present during the hearing
Respondents
The Public Information Officer
Eastern Railway
Divisional Railway Manager's Office
Howrah Division
Howrah
Represented by : Shri S.K.Sarkar, PIO
Shri K.K.Patro, Appellate Authority
NIC Studio, Kolkata
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000909
ORDER
Background
1. The Applicant filed an RTI Application dt.15.11.10 with the PIO, Railway Board, New Delhi. The PIO
& Sr.DPO, Eastern Railway, Howrah replied on 27.12.10. The information sought and the reply
provided are given below:
S.No. Information Sought Reply provided
i) To provide the revised pension fixation order,
month wise calculations, file noting and
approval showing the differential amount
payable to Late Shri Sunil Kumar
Bhattacharya due to implementation of 6th Pay
Commission recommendation from the date of
its commencement to till the date of his death
ii) To provide the documents, enclosures and
communications showing that the aforesaid
arrear payment order has been sent to his Revised pension payment authority for pre
legal heirs and/or family pensioner. 2006 pensioners/family pensioners vide letter
iii) To provide the revised family pension fixation dt.20.12.10 has been issued by Sr.DFM,
order, month wise calculations, file noting and Eastern Railway, Howrah to the SBI with a
approval showing the differential amount copy to Smt.Saraju Bhattacharyya for
payable to Smt. Saraju Bhattacharjee, disbursement of ‘Arrear Revised Pension’ of
W/oLate Shri Sunil Kumar Bhattacharya due late Shri Sunil Kumar Bhattacharyya on
to implementation of 6th Pay Commission implementation of 6 CPC from 1.1.06 to
th
recommendation from the date of 8.1.08 and ‘revised family pension’ with effect
commencement of her family pension to till from 9.1.08. A copy of the said letter in two
date. pages is enclosed.
iv) To provide the documents, enclosures and
communications showing that the aforesaid
arrear payment order has been sent to family
pension disbursing bank and/or family
pensioner directly
v) According to Indian Railways rules and There is no such prescribed schedule. It is
regulations, to specify the number of days it further informed that application of Smt. Saraju
normally takes at each stage to settle the Bhattacharyya dt.2.2.10 for revision of
fixation matter of the 6th Pay Commission pension/family pension received as an
recommendations for those pensioners who annexure to the RTI application dt.15.11.10
have died in harness during this transition and necessary advise to the concerned bank
period. issued on 20.12.10. Thus, it took only 35 days
to settle review of pension.
vi) To provide the letters, circulars, orders and All the instructions are available in the Railway
advertisements which has been published by Website. For details regarding publication of
the railway authorities in different medias advertisements in the newspaper, you may
and/or sent directly to the pensioners/family write to Chief Public Relations Officer of this
pensioners to aware them regarding the Railway. However, if any specific
procedure for claiming their arrears in due circular/orders are required, you are requested
course. to ask for definite information which will be
provided, if available.
Not satisfied with the reply, the Applicant filed an appeal dt.18.1.11 with the Appellate Authority
stating that while he had received the copy of the revised pension payment authority, he has yet to
receive the month wise statement. He also pointed out the missing information in the response given
by the PIO. Shri S.R.Ghoshal, Appellate Authority replied on 25.1.11 stating that information as
sought has been furnished. Being aggrieved with the reply, the Applicant filed a second appeal
dt.21.2.11 before CIC.
Decision
2. During the hearing, the Respondents submitted that against points 1 and 2, information as available
has been provided and that information regarding month wise calculation has to be provided by the
concerned bank. The same is not maintained by their office. With regard to point 4, the
Respondents submitted that all information is available on the website and if any specific information
is being sought, the same can be provided.
3. The Commission after reviewing the documents placed on record and after hearing the submission of
the Respondents decided as follows:
Points 1 & 2: Since the information per se is not available with the Public Authority, no further
disclosure can be authorized. The Appellant may approach the concerned bank with a fresh RTI
application to obtain the information, if he so desires.
Point 3: The Commission holds that complete information has been provided against this point.
Point 4: The information related to Rules and Regulations sought is available in the public domain
(website) and the Appellant being apparently a student or teacher at IIT, Kharagpur can easily
download the information for himself. He would in the process may also be saving paper and
contributing to conservation of environment. However, with regard to information about
advertisements, the PIO is directed to seek the assistance of Chief Public Relations Officer u/s 5(4) of
the RTI Act to obtain the requisite information and provide the same to the Appellant by 5.8.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Sumanta Bhattacharya
Qtr.No.1BR72
IIT Kharagpur Campus
Kharagpur
West Midnapore
West Bengal 721 302
2. The Public Information Officer
Eastern Railway
Divisional Railway Manager’s Office
Howrah Division
Howrah
3. The Appellate Authority
Eastern Railway
Divisional Railway Manager’s Office
Howrah Division
Howrah
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents,
the Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of
the RTIAct, giving (1) copy of RTIapplication, (2) copy of the Commission’s decision, and (3) any
other documents which he/she considers to be necessary for deciding the complaint.