Central Information Commission
CIC/OP/A/2009/000087-AD
Dated November 26, 2009
Name of the Applicant : Shri Dal Chand
Name of the Public Authority : Northern Railway, New Delhi
Background
1. The Applicant filed an RTI application dt.6.11.08 with the PIO, Divisional Office, NR
requesting for the copy of the fact finding report and the related documents in
connection with the wrong allotment of Type IV railway quarters. On not receiving
any reply, the Applicant filed an appeal dt.18.12.08 with the Appellate Authority
stating that no information has been received by him. On still not receiving any reply,
he filed a second appeal dt.13.2.09 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for November 26, 2009.
3. Shri Mohar Singh, PIO, Shri Ram Singh, OSI and Shri D.B.Malik, CDMS represented
the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Applicant submitted that Shri Hashim Ali, Sr. Crew Controller allegedly demanded
a bribe of Rs.20,000/- from him towards allotment of Type IV quarters. When he
refused, the same was allotted to Shri Rameshwar who is junior to him and is not
entitled to the quarters, on payment of bribe. He then wrote to Shri Hashim Ali and
on not getting any reply, wrote to Sr.DEE who constituted an enquiry committee to
look into the matter of non allotment of quarters to the Applicant. The enquiry was
conducted by Shri A.S.Banga, COS and Shri Sushil Kumar. The Respondent stated
that the Appellate Authority vide letter dt.10.2.09, in response to the first appeal, had
provided the inquiry report which clearly stated that the allotment of Rly Qtr.No.L-
5(Type-IV) to Shri Rameshwar by Shri Hashim Ali is wrong as per extant rules and it
should have been offered to Shri Dal Chand, the Appellant. When the Commission
queried as to whether the quarter was allotted to him, the Applicant replied that
although it is more than one and a half years since the enquiry report was completed
no action has been taken to allot him the quarter. According to the Respondent, action
could not be taken since Mr.Rameshwar, the occupant of the quarter had not vacated
it and also since the occupant had obtained a stay order from the High Court. The
Appellant , however, rebutted this statement and stated that no stay order has been
given by any court. In this situation, the Commission is recommends that eviction
proceedings be initiated against Mr. Rameshwar and since the investigating officer
has admitted that the Appellant ought to have been allotted the quarter as per rules
in the first place as he is senior and is also entitled to it, allot the quarter to the
Appellant. An action taken report based on the findings of the enquiry report to be
furnished to the Appellant by end December, 2009.
6. The Appellant is directed to submit a compliance report to the Commission by
2.1.2010.
7. The Commission directs Shri Mohar Singh, PIO & DMM to show cause why a penalty of
Rs.250/- per day (Maximum Rs.25,000) should not be levied on him for not
responding to the RTI application within the time period stipulated in the RTI Act. He
is directed to submit his explanation in person at the Commission on 4.1.10 at 3.45
pm. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Dalchand
S/o Shri Mansuka Ram
H.No.307, street No.5
Sunder Puri
Nahar Wali Gali
Ghaziabad 201 009
2. Shri Mohar Singh
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 incharge, NIC
5. Press E Group, CIC