Central Information Commission
P. C. Sharma vs Northern Railway on 22 July, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/NRAIL/A/2017/183402
P. C. Sharma ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, M/o. Railways, Northern ... ितवादी/Respondent
Railway, Ferozepur Division,
Ferozepur.
Relevant dates emerging from the appeal:
RTI : 05-09-2017 FA : 09-10-2017 SA:15-12-2017
CPIO : 19-01-2018 FAO : Not on record Hearing: 18-07-2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/O. Railways, Northern Railway, Ferozepur seeking information as follows:-
"1. The attested information/list of the officials those who are deputed as per rotation or pick 'n' choose or as per Seniority especially to accompany the trains for providing the best services of AC and also those who were not deputed so far since 01/01 2017 to 30/09/2017, showing thereby [ 1] Sr. No. [2] Name of the Officials/Technicians, [3] Train No. & [4] Date of Deputation/deployment along with attested copy of the Page 1 of 4 circular/letter issued by the Railway Board relating to deployment of Technicians/Officials.
2. The attested information/list of the officials/technicians showing thereby the name of the official/technician, father's name, designation, date of duty, train number, amount claimed as T/A, Overtime & Night Duty Allowance for the period from 01/04/2017 to 30/09/2017 duly supported by the bills."
2. The CPIO responded on 19-01-2018. The appellant filed the first appeal dated 09-10-2017 which was not disposed of by the first appellate authority. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information. Hearing:
3. The appellant, Mr. P. C. Sharma attended the hearing through video conferencing. Mr. Sudesh Kumar, DEE participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.
4. The appellant stated that the respondent should be directed to provide him the sought for information.
5. The respondent informed the Commission that they have already furnished a reply to the appellant thereby indicating him about the factual position in the matter vide their letter dated 19-01-2018. Further, they stated that the appellant is not seeking any specific information. Therefore, any attempt to compile the information in the manner sought by appellant would disproportionately divert the resources of the public authority from the efficient discharge of its normal functions.
Decision:
6. This Commission observed that the appellant is not seeking any specific information and the collation of this information will require the undertaking of a thorough search of numerous files and therefore, this squarely falls under the ambit of Section 7(9) of the RTI Act i.e. information is voluminous in nature. Hence, the CPIO is not expected to compile the non-specific information in terms of the judgment of the Hon'ble Supreme Court of India in CBSE and Anr. Vs. Aditya Bandopadhyay and Ors, 2011 (8) SCC 497. However, there is delay in responding to the RTI application and therefore, the concerned CPIO is hereby issued a Page 2 of 4 warning for future to be careful and not to contravene the provisions of the RTI Act, 2005.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date 18-07-2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 4 Addresses of the parties:
1. The CPIO M/o. Railways, Sr. DMM & Nodal PIO, Northern Railway, DRM'S Office, Ferozepur Division, Ferozepur, Punjab- 152001
2. P. C. Sharma Page 4 of 4