Information pertaining to disciplinary action against a certain Loco Pilot was denied stating that the appellant already had access to such information - CIC: Permit inspection of the relevant file & provide photo copies of the pertinent documents
1. The appellant filed an RTI application on 05.04.2013 seeking information pertaining to disciplinary action against a certain Loco Pilot.
2. The CPIO responded on 26.04.2013 and denied information to the appellant stated that the appellant already had access to such information. The appellant filed his first appeal on 18.06.2013 with the first appellate authority (FAA). The FAA responded on 17.07.2013 and upheld the decision of CPIO. The appellant filed a second appeal on 22.08.2013 with the Commission.
3. The appellant and the respondent both participated in the hearing through video conferencing.
4. The appellant referred to his RTI application of 05.04.2013 and stated that he is facing a court trial for "hijacking" the train on 18.02.2010. The appellant stated that one Loco Pilot, Shri D.B. Sarkar, has lodged a complaint in the RPF, Jabalpur that it was the appellant who was unauthorizedly travelling in the engine. The appellant stated that the respondent organization had initiated departmental action against Shri D.B. Sarkar, Loco Pilot.
5. The appellant stated that the said Loco Pilot concocted a story and alleged that there is some conspiracy against him because the appellant has never travelled in that train. The appellant stated that now for his defence, he needs the documents of the departmental action enquiry.
6. The respondent stated that the CPIO in his response to the appellant on 26.04.2013 and the FAA in his decision stated that this is a sensitive and subjudice matter and, moreover, the Loco Pilot, Shri D.B. Sarkar had not given his consent.
7.The appellant stated that the Railways wanted to defend its own employee. The appellant stated that Shri D.B. Sarkar, Loco Pilot was unauthorizedly travelling in the locomotive which was seriously violating of the working norms of the railways. The appellant stated that the Loco Pilot had committed a major irregularity.
8. There is no reason not to provide the information sought to the appellant.
9. The respondent is directed to enable the appellant, within 30 days of this order, to inspect the relevant file and provide photo copies of the pertinent documents in context of the RTI application. The appeal is disposed of. Copy of decision be given free of cost to the parties.
Citation: Shri Nand Kishor Mishra v. West Central Rly in Decision No.CIC/BS/A/2013/002105/VS/09673