Central Information Commission
Shyamal Kumar vs Northeast Frontier Railway (Guwahati) on 24 January, 2018
क यसूचनाआयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगानाथ माग
Baba Gangnath Marg,
मु नरका, नई द ल -110067
Munirka, New Delhi-110067
Tel: 011 - 26182593/26182594
Email: [email protected]
File No.: CIC/NFRLG/C/2017/141316
In the matter of:
Shyamal Kumar
...Complainant
VS
PIO, Fortheast Frontier, Railway Headquarter
Office of the General Manager, Maligaon,
Guwahati-11
&
PIO and Sr. DCM, Northeast Frontier Railway,
DRM's Office, Lumding, Assam- 782447
...Respondents
Dates
RTI application : 01.11.2015
CPIO reply : Not on Record
First Appeal : Not on Record
FAA Order : Not on Record
Complaint : 12.06.2017
Date of hearing : 29.12.2017
Facts:
The complainant vide RTI application dated 01.11.2015 sought information on two points: copies of documents, letters, certificates, copies of permission, resolutions etc. for closing the main road named after Shri Padmanath Gohain Baruah, the first president of Assam Sahitya Sabha and copy of the sketch-map of all pipe-lines and R.C.C water-tank reservoirs outside and within the original trace-map of N.F railway (jurisdiction of greater Non-K Foot-Hills area, Gotanagar and Maligaon area). Aggrieved with the non-supply 1 of the desired information, the complainant filed complaint u/s 18 of the RTI Act before the Central Information Commission on 12.06.2017. Grounds for Complaint The CPIO did not provide the desired information.
Interim Order
Complainant : Present
Respondent : Shri K. Singson,
Deputy General Manager (G) cum CPIO
Northeast Frontier Railway
During the hearing, the respondent CPIO submitted that they had received the RTI application dated 01.11.2015 on 06.11.15 and forwarded the same u/s 6(3) of the RTI Act to Sr. DCM, Lumding but Sr. DCM, Lumding, North East Frontier Railway had not replied to the said RTI application.
The CPIO, Shri K. Singson, Deputy General Manager (G) was directed to send name and present posting of the then Sr. DCM, Lumding who was posted there on 06.11.2015. Shri K. Singson, Deputy General Manager (G) did not send the details of the then CPIO, Sr DCM, Lumding. However, he, vide letter dated 08.01.2018, sent a written submission that the present RTI application was transferred to the Sr DCM/LMG cum PIO vide letter no. NFR/RTI Cell/2015/8974 dated 06.11.2015. A copy of the railway dak courier challan by which the said letter was despatched to Sr DCM/LMG was also submitted by him.
In view of the above, the Commission finds it appropriate to issue a Show Cause Notice to the then CPIO, Sr. DCM, Lumding, North East Frontier Railway to explain the following:-
Why reply was not provided to the complainant in all these years? The explanation to the above stated Show Cause notice is to be submitted to the Commission by the then CPIO, Sr. DCM, Lumding, North East Frontier Railway within 15 days of the receipt of this order. The present CPIO, Sr.DCM, Lumding, Shri Parthasarthy Sil, Northeast Frontier Railway and Shri K. 2 Singson, Deputy General Manager (G) are to submit report to the Commission indicating the name, address, mobile no., present place of posting and designation of the CPIO working at the relevant post in November, 2015. The present respondent CPIO Sr.DCM, Lumding Shri Parthasarthy Sil, Northeast Frontier Railway and Shri K. Singson, Deputy General Manager (G) are to serve a copy of this order to the then respondent CPIO Sr. DCM, Lumding, North East Frontier Railway under intimation to the Commission. On receipt of the explanation to the said Show Cause Notice, further action as deemed appropriate will be taken.
The respondent CPIO should note that in case of non-submission of the explanation within the time stipulated above, the Commission has the liberty to take the required decision ex-parte against the present respondent CPIO's and the then respondent CPIO u/s 20(1) and 20(2) of the RTI Act..
Copies of the order be sent to the concerned parties free of cost.
[Amitava Bhattacharyya] Information Commissioner Authenticated true copy (A.K. Talapatra) Deputy Registrar 3