Central Information Commission
Bhupender Kumar vs Ministry Of Railways on 13 August, 2021
CIC/MORLY/A/2019/136085
के य सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मु नरका
Baba Gangnath Marg, Munirka
नई द ल , New Delhi - 110067
वतीय अपील सं या/ Second Appeal No. CIC/MORLY/A/2019/136085
In the matter of:
Bhupender Kumar ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... तवाद गण /Respondent
SMM(HQ), Indian Railways,
Rail Coach Factory, Kapurthala,
O/o The Principal Chief Materials
Manager, Tilak Bridge, New Delhi
Relevant dates emerging from the appeal:
RTI Application filed on : 08.03.2019
CPIO replied on : 04.04.2019
First Appeal filed on : 10.04.2019
First Appellate Authority order : 10.05.2019
Second Appeal Received on : 25.07.2019
Date of Hearing : 06.07.2021
The following were present:
Appellant: Shri Bhupender Kumar participated in the hearing on being contacted
on his telephone.
Respondent: Shri B S Upadhyay, CPIO-I & SMM, Ministry of Railways, New
Delhi participated in the hearing on being contacted on his telephone.
Page 1 of 5
CIC/MORLY/A/2019/136085
ORDER
Information sought:
The Appellant filed an RTI Application dated 08.03.2019 seeking information on the following two points:
1) "Detailed list of tenders of the items for which retendering is done during last two years, by the following officials of Stores Department of RCF.
2) Certified copies of the tender committee reports (both initial and retender) of the items for which retendering is done during last two years, by the following officials of Stores Department of RCF.
1. PCMM/RCF
2. CMM/RCF/TKJ
3. Dy.CMM/E/RCF/TKJ"
The CPIO vide letter dated 04.04.2019, informed to Appellant as under:
"With reference to your application, it is informed that information as asked are not maintained in compiled form and compilation of this would disproportionately divert Railway resources. Since you are employee of this office, you can access these information from MMIS module, however any specific tender information may be- provided."
Being dissatisfied, the Appellant filed a First Appeal dated 10.04.2019. The First Appellate Authority vide order dated 10.05.2019, informed as under:
"I fully endorse the reply provided by the office letter no. 32-S/G-section/RTI/KJ/3 dated 04.04.2019."
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent. He also requested the bench to award Compensation.Page 2 of 5
CIC/MORLY/A/2019/136085 Submissions made by Appellant and Respondent during Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Appellant while reiterating the contents of the RTI Application stated that the Respondent has provided an inappropriate reply. Upon queried by the Commission to substantiate his averment, he explained that he is only looking into the maintenance of two software i.e., Integrated Material Management System (IMMS) and Indian Railway Procurement System (IRPS). He further explained that he is having the access to the information sought. Upon further queried by the Commission as to why such information has been sought when he is already in possession of the information, he replied that he wanted a certified copy of the said information.
The Respondent submitted that an identical query has already been dealt by this Bench vide File no. CIC/MORLY/A/2019/120974 decided on 21.05.2021.
A written submission has been received by the Commission from Shri B.S. Upadhyaya, CPIO-I and SMM/HQ, RCF, Kapurthala vide letter dated 24.06.2021, wherein he has stated as under:
"It is most respectfully submitted that the information sought by the applicant are as under;
1. Detailed list of tenders of the items for which retendering is done during last two years, by the following officials Stores Department of RCF.
2. Certified copies of the tender committee reports (both initial and retender) of the items for which retendering is done during last two years, by the following officials of Stores department of RCF.
1) PCMM/RCF
2) CMM/RCF/TKJ
3) Dy.CMM/E/RCF/TKJ Page 3 of 5 CIC/MORLY/A/2019/136085 It is submitted that the information as sought by the applicant are not maintained in this office in compiled form. Any attempt for compilation of these information, would disproportionately divert the Railway resources.
However, since applicant Sh. Bhupinder Kumar is working in this office, any specific tender information if desired may be provided to him. The appeal dated 10.04.2019 of applicant was also considered by the First Appellate Authority and replied vide order dated 06.06.2019 that they fully endorsed the reply of CPIO."
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Appellant has made use of the provisions of the RTI Act in a circuitous manner, in order to obtain a certified copy of the information which he is already in possession. The Commission further observes that the said approach of the Appellant has lead to duplication of work and unnecessary expenditure, in turn leading to clear wastage of human resources and public funds. The Commission severely admonishes the Appellant for wasting precious time of the Commission as well as the public authority. With the above observations, the instant Second Appeal is dismissed. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands dismissed.
Amita Pandove (अ मता पांडव) Information Commissioner (सूचना आयु त) दनांक / Date: 13.08.2021 Authenticated true copy (अ भ मा णत स या पत त) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 4 of 5 CIC/MORLY/A/2019/136085 Addresses of the parties:
1. The First Appellate Authority (FAA) Principal Chief Materials Manager, Indian Railways, Rail Coach Factory, Kapurthala, O/O The Principal Chief Materials Manager, Tilak Bridge, New Delhi
2. The Central Public Information Officer, /SMM (HQ), Indian Railways, Rail Coach Factory, Kapurthala, O/o The Principal Chief Materials Manager, Tilak Bridge, New Delhi
3. Shri Bhupender Kumar Page 5 of 5