Central Information Commission
CIC/AD/A/2009/001590
Dated March 3, 2010
Name of the Applicant : Shri B.R.Nikalje
Name of the Public Authority : DRM Office,
South East Central Railway, Nagpur
Background
1. The Applicant filed an RTI application dt.30.7.09 with the PIO, DRM Office, South East
Central Railway, Nagpur. He stated that due to administrative lapses, he has not been
paid his daily wages since 17.10.08. In this context, he requested for information
against 5 points including information related to his transfer and leave encashment.
He requested for information within 48 hours. On not receiving any reply within 48
hours, the Applicant filed an appeal dt.6.8.09 with the Appellate Authority reiterating
his request for the information. The Appellate Authority replied on 31.8.09 stating that
Sr.DEE had replied to the RTI application on 13.8.09 and that Sr.DPO had also replied
on 21.8.09 providing some information and that the Applicant has not bothered to wait
for the information before filing his appeal. She requested the Applicant to study the
information provided and if not satisfied to visit the office of Sr.DPO and Sr.DEE on
14/15 Sept.2009 and inspect the relevant documents if he so desires. She directed
both the officials to allow inspection of files by the Applicant and to provide him with
the documents he requires. Not satisfied with the reply, the Applicant filed a second
appeal dt.25.10.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
on March 3, 2010 through video conferencing.
3. Ms.Alka Mehra, Appellate Authority and Shri Bhatnagar, Sr.DPO represented the Public
Authority. The Respondents and the Applicant were present at NIC Studio, Nagpur for
the hearing.
Decision
4. The Commission received a rejoinder dt.2.3.09 from Ms.Alka Mehra, Appellate
Authority in which she submitted that the Appellant had filed the RTI application with
PIO & Sr.DCM, SEC Railway, Nagpur on 30.7.09 seeking issue of fresh release order,
payment of wages, encashment of leave salary and issue of transfer pass. The PIO,
Nagpur had forwarded the application to the concerned department vide letter
dt.30.7.09. Sr.DEE(G) and defacto PIO had furnished the information pertaining to
para No.2 and Sr.DPO and PIO provided information pertaining to the rest of items of
the application vide letters dt.30.8.09 and 21.8.09 respectively. However, not
satisfied, the Applicant had filed an appeal dt.6.8.09 and without waiting for the reply
had filed another appeal dt.14.8.09 on the subject matter. The Appellate Authority
replied on 31.8.09 and since the matter was related to grievances, the Appellant was
asked to attend the office of the defacto PIOs on 14/15.09.09. Moreover the Appellant
was informed that since all his application and appeals are related to grievances, the
same would be mitigated after his joining at Nainpur station based on his transfer
orders. But the Appellant had not joined his duties until Dec.2009 and kept filing RTI
applications on one pretext or the other and continued to press for his wages. The
Appellant was once again replied to by the Appellate Authority vide letter dt.14.10.09
covering all the aspects raised by the Appellant. She further added in the rejoinder
that the Appellant is insisting on drawal of wages. In fact he was absconding from
duty on 17.10.08 and did not join after his transfer at Nainpur even after pursuance
by the administration several times and finally joined duty at Nainpur only on 9.1.10.
He remained unauthorisedly absent for such a long period without any intimation
whatsoever to the administration which is unbecoming of a government employee.
This is in fact violation of rule 3(i), (ii), (iii) of Railway Servants Conduct Rules as the
conduct is palpably offending in Law . The Respondent further added that the
Appellant vide his application and appeals is seeking redressal of grievances which do
not come under the purview of RTI Act. However, efforts have been made to mitigate
his grievances which were immediately admissible to him and the rest could not be
mitigated immediately because he did not join his duty at Nainpur upon his transfer
and had remained unauthorisedly absent and had joined his duties only on 9.1.10.
5 During the hearing, the Appellant submitted that his designation in the transfer order
was not correct and sought the copy of the order with the corrected designation. He
also sought the relieving order and the appointment letter and corrigendum issued in
connection with correction in designation. Ms.Alka Mehra clarified that the changes
have been effected in the order and the same, dt.17.10.08 had already been
provided to the Appellant. She further explained that there is no corrigendum and
the order dt.17.10.08 with the corrected designation stands good.
6. The Commission after reviewing the explanation submitted directs the PIO to provide
attested copies of the transfer order and relieving order dt.17.10.08 to the Appellant
once again. With regard to his contention that the date of release is incorrect, the
Appellant is advised to meet the Sr.DPO to get the matter sorted out as per rules.
7. The information should reach the Appellant by 3.4.10 and the Appellant to submit a
compliance report to the Commission by 10.4.10.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri B.R.Nikalje
Kiran Palace
Plot No.53
New Garden Layout
Post – Besanbagh
Kamthi Road
Nagpur
2. The PIO
South East Central Railway
Divisional Railway Manager’s Office
Nagpur Division
Nagpur
3. The Appellate Authority
South East Central Railway
Divisional Railway Manager’s Office
Nagpur Division
Nagpur
4. Officer incharge, NIC
5. Press E Group, CIC