2025 Supreme(Online)(CIC) 2823

के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका
Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/SERLK/C/2024/102883 CIC/SERLK/C/2024/106601 CIC/SERLK/C/2024/109151 CIC/SECRL/C/2024/132601 Shankar Poddar ….िशकायतकता(cid:18) /Complainant VERSUS बनाम CPIO Office of the Workshop Personnel Officer, South Eastern Railway, Kharagpur Workshop, Kharagpur – 721301 CPIO Office of the Dy. Chief Mechanical Engineer (Production), South Eastern Railway, Kharagpur Workshop, Kharagpur – 721301 CPIO South Eastern Railway, Kharagpur Workshop, P O - Kharagpur, West Midnapur, West Bengal-721301 ….(cid:27)ितवादीगण /Respondents Date of Hearing : 14.07.2025 Date of Decision : 16.07.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari The above-mentioned complaints are clubbed together as the Complainant is common, and subject-matter is similar in nature and hence are being disposed of through a common order.
(1) CIC/SERLK/C/2024/102883 Relevant facts emerging from complaint:
RTI application filed on : 10.09.2023 CPIO replied on : 09.10.2023 First appeal filed on : Not On record First Appellate Authority’s order : Not on record
2nd Appeal/Complaint dated : 19.01.2024 Information sought:
1. The Complainant filed an RTI application dated 10.09.2023 (offline)
seeking the following information:
“1. Please supply me the total amount in respect of pay and allowances of this applicant calculating from 06 11 2014 to 30 09 2023 claimed as railway employee (Ref: 3 of Estt. Srl. No. 129/92) including his promotion, if any, and HRA wef. Dec' 17 along with 8% interest per annum since 06
11 2014.
It is pertinent to mention here that your applicant is supposed to be continuing in the railway service as claimed on the basis of following grounds:-
I. Your office concerned i,e SSE/10/KGPW purposely refused and returned the letter of resignation dated 07 11 2014 addressing Dy. CME(P)/KGPW, duly sent by registered post (through proper channel), at the time of tendering the same by the postal Authority on 08 11 2014, only to avoid the acceptance of the said letter of resignation since the Authority concerned was aware of contents of the same.
II. That's why the then Dy CME(P)/KGPW had to take the decision on the advance copy of the original letter of resignation as would be evident from the letter dated 11/11/2014, sent by speed post, received on
12/11/2014, without having the said original letter of resignation.
III. There is no such provision in the IREM/IREC or any other Railway Rules to take any decision on the basis of only the advance copy of the original representation in absence of the later.
IV. When an addressee refuses to accept a registered post, it is presumed due service and knowledge of the contents of the letter can always be Imputed on the addressee.
V. Since you (herein Dy. CME/P/KGPW) have/had no original letter of resignation whatever you have taken a decision on the advance copy of the original letter is nothing and baseless.
VI. Moreover, the then Dy. CME(P)/KGPW namely Mr. SK HAZRA stated in his letter dated 22/11/2014 (scanned copy enclosed herewith) that prayer for resignation dated 07 11 2014 and 11 11 2014 from service is not coming under the purview of stipulation as laid down in Para 302 of IREM if an offence has been committed for which the penalty is dismissal or removal from service.
VII. The then Disciplinary Authority namely Mr. Samsul Alam has failed to impose the above penalty on the article of unbecoming of a Railway servant issued on 01 11 2014, received on 03 12 2014 by your applicant, as sent by registered post from the O/o Dy CME P KGPW on 29 11 2014. It appears that Charge sheet though dated 01/11/2014 but the same was prepared after receiving the petitioner's letter of resignation dated 07 11 2014 with a view to regret the same so as to showing the pendency of said case resulting of which the authority had to send the same by registered post on 29/11/2014 after 4 weeks from the date of issue of said charges. Had the charges been prepared actually dated 01/11/2014 the Disciplinary Authority ought to have service the said charges upon your petitioner then and there as because the petitioner was very much present since he was on duty at the relevant of time but it was not done even no reason had been shown as to undue delay of service of said Charge-sheet on 29/11 2014 instead of 01/11/2014. Although there is no such provision in the IREM to declare that an employee has committed an offence which is unbecoming of a railway servant.
VIII. There is no such provision in the IREM which empowers the Railway Authority to regret the letter of resignation of a Railway servant on the ground of a criminal case relating to family matters.
IX.So, letter of resignation dated 07 11 2014 is treated as already been accepted by Dy.CME(P)KGPW on the basis of foregoing points as discussed.
X. Accordingly, there is no question of treating an unauthorised absence from duties against your applicant after acceptance of said letter of resignation.
XI. So, the issuance of charge sheet (major) dated 02 06 2015 arising out of charge sheet (minor) dated 10 02 2015 on the ground of unauthorised absence from duties by the then Disciplinary Authority namely Mr. Samsul Alam did not stand at all although the reply of the charge sheet was refused and returned by your office concerned (scanned copy enclosed herewith).
XII. In spite of accepting the letter of resignation dated 07 11 2014 the Authority concerned did not mention the date of effecting the same.
XIII. A resignation letter should not be accepted from a retrospective effect (Ref: Master Circular No. 21/2019).
2. Please inform me the basic pay of this applicant in each year since 2014 till date taking with the increment 3% (as per CPC) every year including his promotion, if any, although his colleagues have already been promoted.
3. Please state me the total amount of pay and allowances in each financial year since 2015 till date in compliance with item no. 1.”
2. The CPIO furnished a reply to the complainant on 09.10.2023 stating as under:
“In terms of OM No. 1/4/2009-IR dtd. 05.10.2009 of Government Of India, Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training, 'A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copies of documents or records; and taking certified samples of material held by the public authority or held under the control of the public authority. It is important to note that only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The Public Information Officer is not supposed to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions.'
However, the information sought for by you is furnished below:
Question 1 No information sought for under RTI Act-2005 Question 2 Does not arise.
Question 3 Does not arise.”
3. Being dissatisfied, the complainant failed to file a First Appeal. The FAA order is not on record.
4. Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
(2) CIC/SERLK/C/2024/106601 Relevant facts emerging from complaint:
RTI application filed on : 22.01.2024 CPIO replied on : 16.02.2024 First appeal filed on : Not on record First Appellate Authority’s order : Not on record
2nd Appeal/Complaint dated : 24.02.2024 Information sought:
5. The Complainant filed an RTI application dated 22.01.2024 (offline)
seeking the following information:
“Most respectfully, I beg to inform before your goodself to supply the proper and complete information in terms of following queries as per the provision of RTI Act.
1. Please supply the copies of the following Rules:- a. Rule 20 of Railway Service (Pension) Rules, 1993 b. Section I of Chapter XXIV of IREC Vol. II (1973 Edition)
c. F(E) III/68/PN 1/25 dated 22.08.1968 d.I. E(D&A) 55 RG6-14 dated 29.02.56 II. E(D&A) 71 RG6-18 12.12.72 III. E(D&A) 93 RG6-61 11.01.2000 e. E(NG)II/70/RG/1 dated 24.06.1972
2. " In no circumstances shall the resignation of a Railway servant whose conduct is under investigation be accepted without the sanction of the authority competent to dismiss him " para 302 of IRE Code Vol. I"
Having regard to the above, please supply me a chart/list of investigation (quoting with the relevant documents) by which resignation cannot be accepted.
3. "The pensioner is found guilty of grave misconduct or negligence during the period of his service" Rule 9 of Railway Services Pension Rules, 1993.
Having regard to the above, please inform me the meaning of " Pensioner " quoting with the relevant documents as well as Railway Rules b. Please inform me the eligibility of Railway employee who will get the pension c. Please inform me whether all the Railway employees are pensioners or not.
d. Please inform me as to when (in particular case whether before or after retirement) the Hon'ble President of India reserves himself the right of withholding or withdrawing a pension or gratuity or both, either in full or in part (please mention the relevant documents/rules, if any).”
6. The CPIO furnished a point-wise reply to the complainant on 16.02.2024 stating as under:
“1. a. Available in https://indianrailways.gov.in/railwayboard/uploads/codesmanual/pensi onrule/main.pdf b. Not available in this office. c. Not available in this office.
d. I & II-Not available in this office.
https://indianrailways.gov.in/railwayboarduploads/directorate/establish ment/F. Dº264 DA Rules/2000/RBE%20No %205-2000.PDF e.https://indianrailways.gov.in/railwayboard/uploads/directorate/establ ishment/ENG-1/Resignation/1972.06.24.pdf
2. & 3. It reveals that neither copy of specific information nor copy of any specific document is sought for. Further, according to O.M. No. 1/4/2009-IR dtd. 5th October 2009 of Government of India. Ministry of Personnel, Public Grievances and Pensions. Department of Personnel and Training, "It is important to note that only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The Public information Officer is not supposed to create information or to interpret information or to solve problems raised by the applicants or to furnish reply to hypothetical questions.”
7. Being dissatisfied, the complainant failed to file a First Appeal. The FAA order is not on record.
8. Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
(3) CIC/SERLK/C/2024/109151 Relevant facts emerging from complaint:
RTI application filed on : 14.02.2024 CPIO replied on : 12.03.2024 First appeal filed on : Not on record First Appellate Authority’s order : Not on record
2nd Appeal/Complaint dated : 15.03.2024
के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका
Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/SERLK/C/2024/102883 CIC/SERLK/C/2024/106601 CIC/SERLK/C/2024/109151 CIC/SECRL/C/2024/132601 Shankar Poddar ….िशकायतकता(cid:18) /Complainant VERSUS बनाम CPIO Office of the Workshop Personnel Officer, South Eastern Railway, Kharagpur Workshop, Kharagpur – 721301 CPIO Office of the Dy. Chief Mechanical Engineer (Production), South Eastern Railway, Kharagpur Workshop, Kharagpur – 721301 CPIO South Eastern Railway, Kharagpur Workshop, P O - Kharagpur, West Midnapur, West Bengal-721301 ….(cid:27)ितवादीगण /Respondents Date of Hearing : 14.07.2025 Date of Decision : 16.07.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari The above-mentioned complaints are clubbed together as the Complainant is common, and subject-matter is similar in nature and hence are being disposed of through a common order.
(1) CIC/SERLK/C/2024/102883 Relevant facts emerging from complaint:
RTI application filed on : 10.09.2023 CPIO replied on : 09.10.2023 First appeal filed on : Not On record First Appellate Authority’s order : Not on record
2nd Appeal/Complaint dated : 19.01.2024