Central Information Commission Judgements

Shri Suhas M.Mehta vs West Central Railway, Kota on 4 January, 2010

Central Information Commission
Shri Suhas M.Mehta vs West Central Railway, Kota on 4 January, 2010
                  Central Information Commission
                                                               CIC/OP/A/2009/000153-AD
                                                                    Dated January 4, 2010


Name of the Applicants                      :   Shri Suhas M.Mehta

Name of the Public Authority                :   West Central Railway, Kota


Background

1. The Aplicant filed an RTI application dt.27.9.07 with the PIO, WCR, Jabalpur
requesting for information against 8 points with regard to condemnation of jointly
owned Four wheeler LPG tank wagon of M/s.L.P.Gas Transport & Bottling Company
Pvt. Ltd.

The PIO, WCR, Jabalpur transferred the RTI application to PIO, WCR, Kota on 3.10.07.
Shri Anil Kumar Jain, PIO, WCR, Jabalpur replied on 16.11.07 stating that wagon No.
CR/45045 TG and CR/45092 TG is not in working condition and with regard to other
points, information will be provided by PIO, Workshop, WCR, Kota.
Not satisfied with the reply, the Applicant filed an appeal dt.1.1.08 with the Appellate
Authority stating that information against points (d), (e) (g) has not been supplied
and only partial information has been provided against point (f). The Appellate
Authority replied on 28.1.08 providing detailed clarification. Still not satisfied with the
reply, the Applicant filed a second appeal dt.28.1.09 before CIC raising following
queries:

i) After condemnation of Barrel (Tank portion) of Wagon No.CR45076TG by WCR
at Kota, the Barrel was not handed over to owning company and no specific reason or
related information was supplied.

ii) After sale of the condemned barrel of the said wagon, amount realized was
retained by the WCR and no target date, for payment of estimated cost of scrap
material of this Barrel amounting to Rs.1,62,500/- depending on the prevailing
average market price during 2005-2006 and 2007 to the owning company was
informed to him.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for January 4, 2010.

3. Shri N.K.Mishra, PIO, Shri Ramesh Kumar, Appellate Authority, Shri G.P.Sain, OS-I,
Shri G.S.Chauhan, Head Clerk represented the Public Authority.

4. The Appellant was heard through audio conferencing.
Decision

5. With regard to the Appellant’s request for setting of target date for payment , the
Respondents submitted that no such target date has been fixed since the amount
received on sale of scrap material amounting to around Rs.1,70,000 has been
deposited in WCR HQ . The Respondent suggested that the Appellant file a claim for
the amount with the FA&CAO, GM’s Office, WCR, Jabalpur, as that is the laid down
procedure..

6. While holding that complete information has been provided, the Commission advises
the Appellant to follow the said procedure for getting the payment and also directs
him to identify the missing documents he did not receive, to the PIO within 5 days of
receipt of the order and directs the PIO to provide the certified documents as available
on record, free of cost.

7. The information should reach the Appellant by 5.2.2010 and the Appellant to submit a
compliance report to the Commission by 10.2.2010.

8. The appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Deputy Registrar

Cc:

1. Shri Suhas M.Mehta
9, Minoo Apartments
Near Telephone Exchange
Sant Muktabai Road
Vile Parle (East)
Mumbai 400 057

2. The PIO
West Central Railway
O/o Chief Workshop Manager
Wagon Repair Workshop
Kota

3. The Appellate Authority
West Central Railway
O/o Chief Workshop Manager
Wagon Repair Workshop
Kota

4. Officer incharge, NIC

5. Press E Group, CIC