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No. CIC/OK/A/2006/00069 Dated, The

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No. CIC/OK/A/2006/00069 Dated, The CENTRAL INFORMATION COMMISSION Appeal: No. CIC/OK/A/2006/00069 Dated, the 18th May, 2006 Name of the Shri Mahadeb Barik Appellants: At-Amarshia, P.O. Thakurchak, P.S. Belda, Distt. Paschim Medinipur – 721424 AND 86 OTHERS, as per Annexure-I Name of the Public General Manager, South Eastern Railway Authority: 11, Garden Reach, Kolkata - 700043 ORDER Brief Facts The case under consideration arose out of an appeal by more than 80 appellants against the South Eastern Railway (S.E. Railway). The appellants were those who had at one time suffered from symptoms of leprosy. After continued treatment, most of them felt that they were cured. They then underwent bacteriological investigation conducted by organisations like the Radhakantapur Leprosy Association and declared fit. The reports clarifying their fitness were supposed to be with the S.E. Railway who had a scheme of rehabilitation of cured leprosy patients which included several facilities and also employment. 2. The appellants’ case was that the S.E. Railway suppressed these reports since this would mean extending several facilities to a large group of persons falling in this category i.e. all those who at one time were suffering from symptoms of leprosy but were subsequently cured through long treatment. This case was taken by the appellants before different fora including the Supreme Court of India. The appellants’ case seemed to rest firmly on an affidavit filed before the Supreme Court [ W.P.(C) N0. 124 of 1990 ] by Shri P. Murugan, the Chief Personnel Officer (Administration), S.E. Railway, who gave an undertaking to the Hon’ble Court to the effect that ‘all original Bacteriological Investigation Reports dated 25.11.1982, 29.04.1985, 16.04.1990 and 30.04.1990 of Government of India, DGHS (Leprosy), New Delhi and original Status Report dated 30.04.1990 which are under the custody of Chief Medcial Authority of S.E. Railway and all original signed Affidavits dated 26.06.1986 of Railway Board filed in SLP(C) No. 2358 of 1985 before this Hon’ble Court and all original signed Affidavits dated 2.4.1990 and 30.4.1990 and 22.6.1990 of S.E. Railway filed in W.P.(C) No. 124 of 1990 before this Hon’ble Court which are under the custody of Chief Personnel Officer (Admn.) of S.E. Railway will not be destroyed and secreted and - 2 - S.E. Railway/its Officers/Authority may be lawfully compelled to produce aforesaid original documents in any Court of Justice or in any proceedings lawfully held before a public servant as such or obligates or renders illegible whole or any part of such documents with the intention of preventing the same from being produced or used as evidence before such court or public servant aforesaid, or after the S.E. Railway/its officer/authority shall have been lawfully summoned or required to produce the same for that purpose. South Eastern Railway is also giving undertaking to this Hon’ble Court in this W.P.(C) No. 124 of 1990 that S.E. Railway/its Officers/Authorities knowingly shall not give any incorrect, incomplete or misleading information pertaining to aforesaid original documents and shall not obstruct in any manner in furnishing the required information pertaining to aforesaid original documents and also shall not make any misleading or untrue defamatory statements relating to aforesaid original documents by publication in any news paper, in any public speech or in any other public manner, without prior approval of this Hon’ble Court’. 3. What appellants wanted were copies of these reports of medical investigations into their cases which according to them would prove that they had been cured of their ailment. 4. The Supreme Court heard their cases (34 applicants) on 31.3.2004 where the Hon’ble Court observed that ‘follow up of examination report of 254 members of ex-leprosy patients of Radhakantapur Leprosy Association was forwarded’ but that ‘none of the reports have been annexed to by the State of Orissa along with the affidavit’. 5. It was the appellants’ case that these reports were with the Supreme Court as paper records, and approached the S.E. Railway for copies of these. The Additional General Manager and the Appellate Authority of S.E. Railway rejected the appeal on the grounds that ‘the case/issue was subjudice and the bacteriological report was not currently traceable at this distant date’. The appellants then approached the Central Information Commission and thus arose the case. In view of the fact that there were large number appellants (87), it was decided to hold the hearing in Kolkata itself. This was done at Kolkata Information Centre, Kolkata on Tuesday, the 9th May, 2006. The S.E. Railway was represented by the following:- 1. Ms. Nisha Tewari, Chief Personnel Officer/Admn 2. Shri Debashis Chandra, CPRO & Public Information Officer 3. Shri P.C. Lakra, Deputy Secretary/PG and APIO 4. Shri N.K. Nandy, Assistant Law Officer 5. Shri Sudipta Bhattacharjee, Chief Law Assistant Registrar 6. Shri R.K. Singh, Chief Law Assistant 7. Shri Mihir Das, Chief Personnel Inspector. The appellants appeared at the hearing were only three and were represented by Shri Dibakar Bhoi. - 3 - 6. Dr. O.P. Kejariwal and Dr. M.M. Ansari, Information Commissioners, heard both the parties. The S.E. Railway representatives put forward their plea that the investigation reports of the leprosy cured patients were not available with them and they were not even aware of the existence of such records in the Department. When asked about Shri Murugan’s affidavit before the Supreme Court, they replied that Shri Murugan had retired in 1990 and had left no such instructions or guidelines. In fact, the railway authorities even doubted the genuineness of Shri Murugan’s affidavit. Decision 7. After hearing both the sides, the Commission ordered that the S.E. Railway authorities would try to contact Shri Murugan in person and get the details from him about the affidavit. As the S.E. Railway authorities did not seem to be aware of Shri Murugan’s whereabouts, the Commission gave one month’s time to the S.E. Railway to trace Shri Murugan and get a written statement from him about the affidavit mentioned in the appellants’ appeal. 8. As the appellants insisted that the reports were available as paper records with the Supreme Court, the Commission ordered the S.E. Railway to seek assistance of the PIO of the Hon’ble Supreme Court for access to these records. As the Supreme Court would be having their vacations now, the S.E. Railway were given three months’ time to approach the Supreme Court with the request to provide access to all these paper records, especially as these were humanitarian cases. 9. While passing the orders, the Commission made it clear that the S.E. Railway would give a detailed report of their progress with the Supreme Court and in case of laxity on his part, the CPIO will render himself liable to penal provisions of the Act. This order takes effect from the date of receipt of it by the S.E. Railway. 10. During the hearing, the Commission noticed that often the representative of the appellants, Shri Bhoi would get excited, start speaking in a loud voice and would often interrupt the S.E. Railway officials while they were speaking. The S.E. Railway officials objected to this behaviour. The Commission remarked that we should understand that in many cases which come to the Commission, the voice of the appellant is the voice of frustration, neglect and injustice. Therefore, we must have patience with such persons. However, Shri Bhoi was directed to restrain himself. The Commission observed that the case of any appellant was as strong if taken up in an appropriate and decent manner. It also observed to Shri Bhoi that his appeal was unnecessarily long, too detailed and couched in legalese with several repetitions. He was assured that his case would have received as sympathetic and fair a hearing from the Commission if the appeal were drafted in a simple and direct manner and was brief. - 4 - 11. The Commission ordered accordingly. Sd/- Sd/- ( O.P. Kejariwal ) ( M.M. Ansari ) Information Commissioner Information Commissioner Authenticated true copy : Sd/- (Pankaj K.P. Shreyaskar) Assistant Registrar CC: 1. Shri Mahadeb Barik, At-Amarshia, P.O. Thakurchak, P.S. Belda, Distt. Paschim Medinipur – 721424 AND 86 OTHERS, as per Annexure-I 2. General Manager, South Eastern Railway, 11, Garden Reach, Kolkata – 700043 - 5 - ANNEXURE - I S.No. 1 S.No. 6 Shri Prithiraj Bhunia Miss Nabanita Giri AT -Dantan Rail Colony At-Dhaneswarpur PO/VIA/PS - DANTAN PO-Khakurda, Via-Belda Dist - Paschim Medinipur Dist- Paschim Medinipur Pin-721 426, West Bengal Pin-721 445, West Bengal SE Rly Ref. No. RTI SE Rly Ref. No. RTI Case/Srl.No.122/Appellate Authority/2006, Case/Srl.No.75/Appellate Authority/2006, Dated 3.3.06 Dated 2.3.06 S.No. 2 S.No. 7 Shri Prabir Kumar Das Miss Nandita Giri AT - Gurdala Po-Khakurda At-Dhaneshwarpur P.S.- Belda Via- Belda PO- Khakurda, PS-Belda Dist- Paschim Medinipur Dist- Paschim Medinipur Pin-721445, West Bengal Pin-721 445, West Bengal SE Rly Ref. No. RTI SE Rly Ref. No. RTI Case/Srl.No.72/Appellate Authority/2006, Case/Srl.No.74/Appellate Authority/2006, Dated 2.3.06 Dated 2.3.06 S.No. 3 S.No. 8 Shri Hansaraj Bhunia Shri Somyendu Dhawa AT -Dantan Rail Colony At-Khakurda Po-Khakurda Po/Via/Ps - Dantan PS- Belda, Via-Belda Dist- Paschim Medinipur Dist- Paschim Medinipur Pin-721 426, West Bengal Pin-721 445, West Bengal SE Rly Ref.
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