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/A/2024/613310 Bimalendu Samaddar .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, South Eastern Railway, Vigilance Branch-HQ, 11, Garden Reach Road, Kolkata – 700043 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 28.05.2025 Date of Decision : 24.06.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 22.02.2024 CPIO replied on : 19.03.2024 First appeal filed on : 19.03.2024 First Appellate Authority’s order : 27.03.2024 2nd Appeal/Complaint dated : 28.03.2024 Information sought:

1. The Appellant filed an (online) RTI application dated 22.02.2024 seeking the following information:

“I am Bimalendu Samaddar, Retd. Dy.CEE/HQ/ER. During my tenure as Sr.DEE(OP)/CKP (2010-2011) the false credential submission in Tender notice no. RSO/CKP/Running Room/DPS/451, Dated: 20/02/2008 by M/s.

Pawan Kumar Sharma was came to light where tender was finalized by predecessor. Later on I was interrogated by SER Vigilance for that tender notice itself & put me under ‘Secret List’ in the year 2016. Thereafter for the same ground one major penalty charge-sheet was issued in the year 2017 & a minor penalty punishment was issued against me in the year 2018. Finally I was prematurely retired in the year 2019 under rule 1802(a) of IREC Vol. II (as per review documents & vigilance history card) for forgery in tender system by the contractor in CKP division. But so far my knowledge is concern till date that tender finalizing officers (of tender notice no. RSO/CKP/Running Room/DPS/451, Dated: 20/02/2008) were neither put them under ‘Secret/Agreed’ list & taken action under any D&A nor rewarded premature retirement to anyone under rule 1802(a) of IREC Vol. II. Above all I am the only railway official who directly affected for this fake credential submission of Tender notice no.

RSO/CKP/Running Room/DPS/451, Dated: 20/02/2008.

A. After a long pause of more than 12 years railway finally punished M/s. Pawan Kumar Sharma by banning from railway business for 5 years (vide RB letter no. 2022/Elect(TRS)/225/1(Vig), Dated: 20/09/2022) for submission of false credential in tender notice no. RSO/CKP/Running Room/DPS/451, Dated: 20/02/2008. This banning letter was circulated to all concern (including GMs, PCEEs, CVOs, PFAs & so on over IR) & available in public domain. Being unsatisfied M/s. Pawan Kumar Sharma filed a case vide WP(C) No. 5215 of 2022 before The Hon’ble Jharkhand High Court against that banning & later it was disposed in favor of railways.

B. In point nos. 10 & 11 of the petition of WP(C) No. 5215 of 2022 (enclosed in page no. 3 to 5 of attached documents), the petitioner ascertained that the LOA was issued in the year 2008 after credential verification by tender committee.

C. Sri Lalit Kumar Sahoo, Sr.DEE(OP)/CKP/SERLY, on behalf of Railway submitted counter-affidavit on 03/05/2023 against the WP(C) No. 5215 of 2022 where he officially admitted in point no. 12 that ‘disciplinary action has been taken against the railway officials held responsible for failing to verify the credential submitted by M/s. Pawan Kumar Sharma/Petitioner’ (enclosed in page no. 6 of attached documents) and later he also certified that was true to his information derived from the records of the case (mentioned in point no. 22 of counter-affidavit on dated 03/05/2023 submitted to The Hon’ble Jharkhand High Court).

D. In response to counter-affidavit of railway M/s. Pawan Kumar Sharma submitted reply on 19/07/2023 and in point no. 10 he empathically denied the counter-affidavit of railway by adding RTI (No. SERLY/R/E/23/01096, Dated: 31.05.2023) information furnished on 05/06/2023 by the same Sr.DEE(OP)/CKP/SERLY where it was mentioned that the whole case file under the custody of vigilance no relevant documents for the subject matter available in his office (enc