Central Information Commission
CIC/SG/A/2009/001155-AD
Dated December 30, 2009
Name of the Applicant : Shri D.Bandyopadhyay
Name of the Public Authority : SECR, Bilaspur
Background
1. The Applicant filed an RTI application dt.20.5.08 with the PIO, SECR, Nagpur
requesting for following information:
i) copy of the decision of the competent authority for recovery of Rs.11,499/- for
the period 1995-99
ii) copy of the decision of the competent authority for non-recovery of the
amount for adhoc promotional period of OS-II from thirty other candidates in the
same panel and same period, of Personnel Branch of Bilaspur Division.
The Asst. Personnel Officer replied on 30.7.08 enclosing a reply dt.28.7.08 from
Sr.DFM stating that payment of arrears to the extent of Rs.32,805/- was made purely
as per the entries made in the service register regarding fixation of pay certification
done by the associated Accounts. Not satisfied with the reply, the Applicant filed an
appeal dt.4.11.08 with the Appellate Authority reiterating his request for the
information. Shri Ranbir Singh, Appellate Authority replied on 5.11.08 directing the
PIO & Sr.DCM and Sr.DPO to supply copy of first information to the Applicant and
advised them to call the Applicant in office on a suitable date so that the first
information may be shown to him and if required, a copy may be given to him. Being
aggrieved with the reply, the Applicant filed a second appeal dt.12.12.08 before CIC
reiterating his request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 30, 2009.
3. Shri Tanvir Hussain, PIO, Shri Ranvir Singh, Appellate Authority, Shri J.S.Sukhdeve,
DPO and Shri S.K.Mukherjee, ADFM represented the Public Authority.
4. The Appellant was heard through audio conferencing .
Decision
5 The Commission received a rejoinder dt.30.12.09 from the Respondents stating that
no order has yet been given to effect the recovery of the amount for the period from
1995-1999 and no order with regard to non-recovery of amount of adhoc promotional
period of OS-II from thirty others has been passed. In the rejoinder, it was also
stated that the Appellant was called to the office on 8.11.08 and all the available
documents were shown to him but the Appellant was still not satisfied.
6. The Commission after hearing the submissions made directs the PIO to provide a copy
of his service sheet to the Appellant along with the working sheet indicating how the
pay has been fixed and also to provide all the information as sought by the Appellant
if available on records. If not, the PIO is directed to provide an affidavit stating that
giving reasons for non-availability of the information.
7. The information to reach the Appellant by 30.1.2010 and the Appellant to submit a
compliance report to the Commission by 6.2.2010.
8. The PIO to showcause why a penalty of Rs.250/- per day should not be imposed upon
him for not furnishing the reply within the mandatory period. The response to reach
the Commission by 30 January, 2010. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri D.Bandyopadhyay
OS-II, Sr.DPO’s Office
South East Central Railway
Bilaspur
2. The PIO
South East Central Railway
Divisional Railway Manager’s Office
Personnel Branch
Bilaspur Division
Bilaspur
3. The Appellate Authority
South East Central Railway
Divisional Railway Manager’s Office
Personnel Branch
Bilaspur Division
Bilaspur
4. Officer incharge, NIC
5. Press E Group, CIC