Central Information Commission Judgements

Shri Madan Mohan Lal Sobti vs Northern Railway on 22 October, 2008

Central Information Commission
Shri Madan Mohan Lal Sobti vs Northern Railway on 22 October, 2008
                        Central Information Commission
                                      *****

No.CIC/OK/A/2008/00537

Dated: 22 October 2008

Name of the Appellant : Shri Madan Mohan Lal Sobti
R\o B-XXIV-2910
Sunder Nagar, Rahon Road
Ludhiana, 141007

Name of the Public Authority : Northern Railway

Background:

Shri Madan Mohan Lal Sobti of Ludhiana filed an RTI-application with the
Public Information Officer, Northern Railway, on 24 December 2006, seeking
information relating to non-payment of arrears for the fixed medical allowance
due to the Appellant after his retirement.

2. The PIO vide his letter dated 24 January 2007 replied to the RTI-
application. Not satisfied with the reply of the PIO, the Appellant filed a First
Appeal with the first Appellate Authority on 30 April 2007 and then approached
the Central Information Commission on 1 February 2008, which was registered in
the Commission on 10 May 2008.

3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 20 October 2008.

4. Shri Prakash, SR. DMM & PIO, Shri N.P. Singh, ADRM & Appellate
Authority, Shri R.K. Lohra, DPO and Shri Mohar Singh, represented the
Respondents.

5. The Appellant, Shri Madan Mohan Lal Sobti, was present through audio
conference.

Decision:

6. The Commission heard both the sides: the Appellant through audio
conference in a case which basically dealt with the grievance of the Appellant
regarding payment of his Medical Allowance. According to him while all his
other colleagues had been paid the allowance, he was deprived of the same. On
the other hand, according to the Respondents, the Appellant’s payments were
delayed because he had not exercised the required option and that as soon as
he did so, the payments were sanctioned. During the hearing, the Appellant
admitted that now the Medical Allowance had been sanctioned but insisted that
he had not been provided the information that he had asked for: obviously,
according to the Respondents the relief of the Appellant’s grievance was more
important. Accordingly, the Commission directed the Respondents to once
again go over the RTI-application of 24 December 2006 and ensure that
whatever information the Appellant has asked for, be provided to him. In case,
it is considered necessary, the Appellant may be called to the office and
allowed inspection of his personal file together with the files of the other
colleagues, vis-à-vis whom he alleges discrimination. He is also authorized to
get photocopies of the documents that he wants free of cost. This may be done
by 14 November 2008.

7. The case is thus disposed of.

Sd/-

(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:

Sd/-

(G. Subramanian)
Assistant Registrar

Cc:

1. Shri Madan Mohan Lal Sobti, R\O B-XXIV-2910, Sunder Nagar, Rahon Road,
Ludhiana, 141007

2. The Public Information Officer, Northern Railway, Headquarters Office,
Baroda House, New Delhi

3. The Appellate Authority, Northern Railway, Headquarters Office, Baroda
House, New Delhi

4. Officer Incharge, NIC

5. Press E Group, CIC