Central Information Commission
CIC/AD/A/2009/001746
Dated February 17, 2010
Name of the Applicant : Shri V.K.Srivastava
Name of the Public Authority : North Eastern Railway,
Railway Electrification,
Gorakhpur
Background
1. The Applicant filed an RTI application dt.14.2.09 with the PIO, North Eastern Railway,
Gorakhpur requesting for information against 3 points including the photocopy of the
attendance register based on which the salary has been paid for the months of Sept.
to Dec.2008, photocopies of representations dt.15.10.08, 18.10.08 and 6.12.08 and
the letters dt.31.12.08 and 27.1.09. The PIO replied on 20.3.09 requesting the
Applicant to come to the office and collect the information. Being aggrieved with the
reply, the Applicant filed an appeal dt.22.3.09 with the Appellate Authority reiterating
his request for the information. The Appellate Authority replied on 24.3.09 providing
the photocopies of attendance register for the months of Sept. and Oct.2008 and also
copies of letters dt.31.12.08 and 17.1.09 and as for the rest of the information, he
stated that efforts are being made to locate the same and information would be
provided soon. On not receiving any further information, the Applicant filed a second
appeal dt.9.9.09 before CIC commenting on the information provided by the Appellate
Authority.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for February 17, 2010 through video conferencing.
3. Shri P.K.Rai, PIO and Shri D.K.S.Chauhan, APIO representing the Public Authority and
the Appellant were present at the NIC Studio, Gorakhpur.
Decision
4. The Respondent Shri Chauhan submitted that the Appellant himself was in charge of
the electrical department and that the attendance register was maintained by him. On
his transfer to Gonda, the Appellant had not submitted the attendance register despite
reminders from the office. The Appellant on the other hand wanted to know how the
payments for the months of September and October were made to him if he had not
returned the attendance register. The Respondent, however, maintained that the
attendance register is not with them and that payments were made on the basis of
photocopies of the attendance sheets which are, as a matter of routine, received
from the station every month. With regard to letters dt.15.10.08, 18.10.08 and
6.12.08, the Respondent submitted that these are leave applications submitted by the
Appellant and that the letters dt.15.10.08 and 6.12.08 are not available in the files
while the letter dt.18.10.08 was returned to the Appellant on 29.10.08 for making
some corrections. He further added that he is willing to consider the leave
applications dt.15.10.08 and 6.12.08 in the event the Appellant submits the same
once again. With regard to point 3, the Respondent submitted that information has
already been provided .
5. The Commission after hearing the submissions of both sides directs the PIO to provide
attested copies of the attendance sheets which are available with him, for the months
of November and December 2008 and also recommends that action be taken on fresh
representations (leave applications) submitted by the Appellant and he be informed
about the outcome within one month of their receipt .
6. The entire exercise should be completed by 20.3.10 and the Appellant to submit a
compliance report to the Commission by 5.4.10.
7. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri V.K.Srivastava
H.No.3/48, Railvihar
Post – Chargawan
Gorakhpur 273 409
2. The PIO &
Dy. Chief Electrical Officer
North Eastern Railway
Railway Electrification
Gorakhpur 273 012
3. The Appellate Authority
Chief Project Manager
North Eastern Railway
Railway Electrification
Gorakhpur 273 012
4. Officer incharge, NIC
5. Press E Group, CIC