ORDER

1. Due to prevailing circumstances of COVID-19 pandemic and absence of parties, no hearing could be conducted in this case for its final disposal. The concerned parties could not be connected on the given telephone numbers despite efforts. The CPIO is exempted on account of the CIC’s circular no. CIC/Legal/Corona/2020/32 dated 16-03-2020.

2. Therefore, in the interest of justice, the matter is adjourned.

3. The Deputy Registrar is directed to fix a hearing in the matter after the period of lockdown is over.

4. Copy of the decision be provided free of cost to the parties.

PROCEEDINGS OF THE HEARING DATED 04.02.2021

The following were present:

Appellant: Shri P.R. Ranpise participated in the hearing on being contacted on his telephone.

Respondent: Shri Prem Kumar Sharma, Asst. Personnel Officer participated in the hearing on being contacted on his telephone.

Submissions made by Appellant and Respondent during Hearing dated 04.02.2021:

The Appellant stated that he is not satisfied with the information provided by the Respondent. He further stated that the certain pages of his service record file as sought at point no. 1 of the RTI Application are not available/not provided by the Respondent. He furthermore stated regarding information sought at point no. 2 of the RTI Application, details pertaining to his leave account i.e., APL has also not been provided by the Respondent. He added that in the year 1996, his leave balance was 193 days and has not availed even a single leave during 1996-2000. He further added that again from 2011 to 2019 (till retirement), his balance leave of 193 days plus earned leave for the aforesaid 8 years have been forfeited by the Respondent. He alleged that the leave records have been manipulated, fabricated and the said records were given by the Respondent without any signature of the authority verified, checked or initial of the concerned OS who is authorized to authenticate the same. He claimed that as on the date of his retirement, instead of 300 days leave encashment, the Respondent has given only 13 days of leave encashment, which is highly objectionable and the same has caused unexplainable hardship to him. With regard to the information sought at point no. 3 of the RTI Application, he stated that the Respondent has not provided any information to him till date. On point no. 4 of the RTI Application, he claimed that the Respondent has not maintained any records for implementation of increments in his service record file. On point no. 5 of the RTI Application, he stated that the Railway has not implemented the Appellant’s pay fixation and no documents/records were provided to him in this regard. On point no. 6 of the RTI Application, he claimed that the Railways has failed to provide any letter as sought therein.

The Respondent submitted that available and relevant information has been provided to the Appellant vide their letter dated 24.08.2017. He further submitted that the Appellant has personally collected a copy of his service register and leave account, running upto 160 pages on 26.09.2019 and has also subscribed his signature as acknowledgment. He explained the Commission that whatever documents/information they had in their records has been provided to the Appellant.

A written submission has been received by the Commission from the APIO and APO(C), Divisional Office, Personnel Branch, Mumbai CSMT vide letter dated 29.01.2021, wherein he has narrated the facts and circumstances of the instant case.

Final Decision:

Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent has provided information/documents that are available in their records, the Appellant is alleging that the same are incorrect, incomplete and manipulated/fabricated. The Commission empathizes with the Appellant as he is having certain grievances but the Commission is not an appropriate forum to redress the same. Hence, the Appellant is advise