Central Information Commission Judgements

Shri Sudhakar Pandey vs East Central Railway, … on 9 February, 2010

Central Information Commission
Shri Sudhakar Pandey vs East Central Railway, … on 9 February, 2010
                 Central Information Commission
                                                                CIC/AD/A/2009/001776
                                                                 Dated February 9, 2010

Name of the Applicant                      :   Shri Sudhakar Pandey




Name of the Public Authority              :    East Central Railway, Mughalsarai



Background

1. The Applicant filed an RTI application dt.13.10.08 with the PIO, DRM Office, East
Central Railway, Mughalsarai complaining about his pay fixation and requesting for
information against various points with regard to it at each stage of his career. The
PIO replied on 18.11.08 enclosing detailed information dt.14.11.08 received from the
Sr.DPO. Not satisfied with the reply, the Applicant filed an appeal dt.4.7.09 with the
Appellate Authority once again complaining about the manner in which his pay fixation
has been done. Shri Navin Kumar Sinha, Appellate Authority replied on 13.8.09 stating
that every point has been clarified and the matter pertains to personal grievance
which does not fall within the ambit of the RTI Act and complete information has been
furnished on 18.11.08 He also informed the Appellant that and the appeal has been
allowed despite it being time barred. Being aggrieved with the reply, the Applicant
filed a second appeal dt.21.8.09 before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for February 9, 2010.

3. Shri S.C.Srivastava, Sr.DPO and Shri L.K.Rai, Ch.OS represented the Public Authority.

4. The Appellant was not present during the hearing.

Decision

5. Shri S.C.Srivastava submitted that the Appellant has not sought any information in his
RTI application but has only expressed his grievance with respect to the way his pay
has been fixed. He added that the Applicant was appointed sometime in 1974 and
promoted in 1988. He was first a cleaner, then a fireman, then a shunter at different
and each time his pay has been refixed as per rules. He added that his RTI application
is his personal grievance regarding his pay which be believes has been fixed lower
than what it ought to have been. He added that the RTI application was received on
15.10.08 and a detailed reply was furnished to the Appellant on 18.11.08. The
Appellant then sent a rejoinder dated 19.12.08 to the PIO seeking further
clarification/ which was also responded to by the PIO on 12.6.09 providing calculations
. The Appellant then filed his first appeal dt.4.7.09 with the GM’s Office which was
received on 13.7.09 at the Divisional Office. The ADRM admitted the appeal despite it
being time barred and once again provided further clarification.

6. The Commission after hearing the submissions of the Respondent holds that
available information has been provided and advises the Appellant to approach an
appropriate forum for settlement of his grievance and accordingly disposes off the
appeal.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Deputy Registrar

Cc:

1. Shri Sudhakar Pandey
Railway Qtr No.510/B
Loco Colony
Near Panch Muhani
PO – Gaya R.S.

Gaya 823 002

2. The PIO
East Central Railway
Divisional Railway Manager’s Office
Mughalsarai Division
Mughalsarai

3. The Appellate Authority
East Central Railway
Divisional Railway Manager’s Office
Mughalsarai Division
Mughalsarai

4. Officer incharge, NIC

5. Press E Group, CIC