Central Information Commission
Vivek Khanna vs East Central Railway (Hajipur) on 1 April, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos: CIC/ECRHJ/A/2024/639986
CIC/ECRHJ/A/2024/639989
Vivek Khanna .....अपीलकता/Appellant
VERSUS
बनाम
C.P.I.O,
East Central Railway
O/o the Principal Chief Material Manager,
Old GM Building, G. Floor,
Hajipur - 844 101 .... ितवादी/Respondent
Date of Hearing : 30-03-2026
Date of Decision : 30-03-2026
INFORMATION COMMISSIONER : Swagat Das
The above-mentioned Second Appeals are clubbed together as the Appellant
is common, and subject-matter is similar in nature and hence are being
disposed of through a common order.
CIC/ECRHJ/A/2024/639986
Relevant facts emerging from appeal:
RTI application filed on : 22-07-2024
CPIO replied on : 07-08-2024
First appeal filed on : 10-08-2024
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 06-09-2024
Information sought:
1. The Appellant filed an RTI application dated 22-07-2024 seeking the following information:CIC/ECRHJ/A/2024/639986 Page 1 of 8
CIC/ECRHJ/A/2024/639989 "REF TENDER NO 14244783A DATE 19 07 2024 ITEM. SWITCH PLATE ASSEMBLY COMPLETE WITH POLYCARBONATE COVER FRAME AND P OWDER COATED STEEL PLATE WITH 04 NOS. ON/OFF SWITCHES AND 01 NO 3 PIN SOCKET 06 AMP 250V AC WITH 02 NOS1 A GLASS FUSE WITH FUSE HOLDERS OF M/S. FERRAZ SHAWMUT COOPER BUSSMAN OR EQUIVALENT WITH THE APPROVAL FROM THE OFFICE OF CEDE RCF AS PER RCF SPEC EDML 086 REV 8 TABLE 1 ITEM NO 1 RCF DRG NO 74247 ALT g QTY 2599 NOS THE ABOVE NOTED TENDER WAS FLOATED BY STORES/EAST CENTRAL RLY SMM-HQ SH ROHIT KUMAR FOR THE PURCHASE OF SWITCH PLATE ASSEMBLY WITH THE APPROVAL CONDITION POINT NO NB 1 OF TENDERED DRAWING AND TENDERED DESCRIPTION DRG ENCLOSED PLEASE PROVIDE THE DETAILS AS PER FOLLOWING QUESTIONS 1 PLEASE PROVIDE THE ALL FILE COPIES INCLUDING P P SHEET WITH ALL REMARKS OF TECHNICAL PERSONS AND PO OFFICER OF ABOVE NOTED TENDERS FLOATED BY IREPS 2 PLEASE PROVIDE THE COPY OF URGENCY CERTIFICATE OF CONSIGNEE OF THIS DEMAND OR TENDER 3 PLEASE PROVIDE THE INFORMATION REGARDING REASON TO PLACE THE ORDER ON UNAPPROVED FIRM 4 PLEASE PROVIDE THE APPROVAL COPY OF TENDERED ITEM OF RAIL COACH FACTORY KAPURTHALA WITH ALL SUPPORTING DOCUMENTS I e APPROVAL BY RCF FOR MAKE REINS QUOTED BY L1 FIRM 5 PLEASE PROVIDE ISI CERTIFICATE OF MAKE REINS OF SWITCH AND SOCKET 6 PLEASE PROVIDE RNOTE AND CRN OF MAKE REINS AS A PAST CREDENTIALS OF TENDERED DRAWING EDML 086 REV 8 TABLE 1 ITEM NO 1 RCF DRG NO 74247 ALT G ISSUED BY RCF RAILWAYS 7 PLEASE PROVIDE TEST CERTIFICATE OF REINS MAKE FROM GOVT/NABL LAB AS PER TENDERED DRAWING TESTS NO 1 AND 2 CIC/ECRHJ/A/2024/639986 Page 2 of 8 CIC/ECRHJ/A/2024/639989 8 PLEASE PROVIDE FACTORY LICENSE OF BRAND REINS 9 THE TENDERED DRAWING NO DRAWING EDML 086 REV 8 TABLE 1 ITEM NO 1 RCF DRG NO 74247 ALT G IS MENTIONED IN ABOVE NOTED TENDER NO AND THE SAME IS INTELLECTUAL PROPERTY OF RAIL COACH FACTORY KAPURTHALA AND APPROVAL OF RCF IS MUST AS PER DRAWING NOTES AND CONDITIONS NB 1 SO PLEASE PROVIDE THE DOCUMENTARY EVIDENCE OF APPROVAL OF MAKE REINS FROM RAIL COACH FACTORY KAPURTHALA AS THE DRAWING OF ABOVE NOTED TENDER IS CREATED BY RAIL COACH FACTORY KAPURTHALA"
2. The CPIO furnished a reply to the Appellant on 07-08-2024 stating as under:
"With reference to above, referred RTI Application No .- ESRLY/R/E/24/00700 Dt-22.07.2024 it is informed that, the para-wise reply are as under :-
1.This information is exempted under section 8.1(d) of RTI Act 2005.
2.This information is exempted under section 8.1(d) of RTI Act 2005.
3.This information is exempted under section 8.1(d) of RTI Act 2005.
4.This is non-restricted item to procured from satisfactory past performance from the firm.
5.This information is N/A under section 11.1 of the RTI Act 2005.
6. Reply attached.
7. This information is N/A under section 11.1 of the RTI Act 2005
8. This information is N/A under section 11.1 of the RTI Act 2005
9.This information pertain to ICF, Chennai."
3. The Appellant filed a First Appeal dated 10-08-2024. The F.A.A order is not on record.
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
CIC/ECRHJ/A/2024/639989 Relevant facts emerging from appeal:
RTI application filed on : 16-07-2024 CPIO replied on : 05-08-2024 CIC/ECRHJ/A/2024/639986 Page 3 of 8 CIC/ECRHJ/A/2024/639989 First appeal filed on : 10-08-2024 First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 07-09-2024 Information sought:
5. The Appellant filed an RTI application dated 16-07-2024 seeking the following information:
"SUB DETAILS OF TENDERS CASES REQUIRE REF TENDER NO 14240112 DATE 16 07 2024 ITEM Switch Plate Assembly as per ICF Drg. No. ICF/SK3-7-6-036, Alt-M or latest. QTY 1799 NOS THE ABOVE NOTED TENDER WAS FLOATED BY STORES/EAST CENTRAL RLY SMM G SH SUJEET KUMAR FOR THE PURCHASE OF SWITCH PLATE ASSEMBLY WITH THE APPROVAL CONDITION POINT NO 14 OF TENDERED DRAWING DRG ENCLOSED PLEASE PROVIDE THE DETAILS AS PER FOLLOWING QUESTIONS 1 PLEASE PROVIDE THE ALL FILE COPIES INCLUDING P P SHEET WITH ALL REMARKS OF TECHNICAL PERSONS AND PO OFFICER OF ABOVE NOTED TENDERS FLOATED BY IREPS 2 PLEASE PROVIDE THE COPY OF URGENCY CERTIFICATE OF CONSIGNEE OF THIS DEMAND OR TENDER 3 PLEASE PROVIDE THE INFORMATION REGARDING REASON TO PLACE THE ORDER ON UNAPPROVED FIRM
4. PLEASE PROVIDE THE APPROVAL COPY OF TENDERED ITEM OF INTEGRAL COACH FACTORY CHENNAI WITH ALL SUPPORTING DOCUMENTS i.e APPROVAL BY ICF FOR MAKE REINS QUOTED BY L1 FIRM 5 PLEASE PROVIDE ISI CERTIFICATE OF MAKE REINS OF SWITCH AND SOCKET CIC/ECRHJ/A/2024/639986 Page 4 of 8 CIC/ECRHJ/A/2024/639989 6 PLEASE PROVIDE RNOTE AND CRN OF MAKE REINS AS A PAST CREDENTIALS OF TENDERED DRAWING ICF/SK3-7-6-036, Alt-M ISSUED BY ICF RAILWAYS 7 PLEASE PROVIDE TEST CERTIFICATE OF REINS MAKE FROM GOVT/NABL LAB AS PER TENDERED DRAWING TESTS NO 11 8 PLEASE PROVIDE FACTORY LICENSE OF BRAND REINS 9 THE TENDERED DRAWING NO . ICF/SK3-7-6-036, Alt-M IS MENTIONED IN ABOVE NOTED TENDER NO AND THE SAME IS INTELLECTUAL PROPERTY OF INTEGRAL COACH FACTORY CHENNAI AND APPROVAL OF ICF IS MUST AS PER DRAWING NOTES AND CONDITIONS NO 14 SO PLEASE PROVIDE THE DOCUMENTARY EVIDENCE OF APPROVAL OF MAKE REINS FROM INTEGRAL COACH FACTORY CHENNAI AS THE DRAWING OF ABOVE NOTED TENDER IS CREATED BY INTEGRAL COACH FACTORY"
6. The CPIO furnished a reply to the Appellant on 05-08-2024 stating as under:
"With reference to above, referred RTI Application No .- ESRLY/R/E/24/00677 Dt-16.07.2024 it is informed that, the para-wise reply are as under :-
1.This information is exempted under section 8.1(d) of RTI Act 2005.
2.This information is exempted under section 8.1(d) of RTI Act 2005.
3.This information is exempted under section 8.1(d) of RTI Act 2005.
4.This is non-restricted item to procured from satisfactory past performance from the firm.
5.This information is N/A under section 11.1 of the RTI Act 2005.
6. Reply attached.
7. This information is N/A under section 11.1 of the RTI Act 2005
8. This information is N/A under section 11.1 of the RTI Act 2005
9.This information pertain to ICF, Chennai."
7. The Appellant filed a First Appeal dated 10-08-2024. The F.A.A order is not on record.
8. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
CIC/ECRHJ/A/2024/639986 Page 5 of 8CIC/ECRHJ/A/2024/639989 Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Shri Rohit Kumar, Dy. CMM & PIO present through Video- Conference.
9. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 06.09.2024 and 07.09.2024 are not available on record. Respondent confirms non-service.
10. Updated reply dated 25.03.2026 uploaded in both the cases are taken on record and the same is reproduced hereinbelow:
"1. Attached for your ready reference.
2. Not applicable.
3. This is non-restricted item and tender was floated for procurement from sources having past performance of same/similar item.
4. Not pertaining to ECR
5. Not applicable..
6. This information is related with third party.
7. This information is related with third party.
8. This information is related with third party.
9. This information is related with third party"
11. Respondent while defending the above-mentioned cases inter alia submitted that initially a reply was given to the Appellant vide letters dated 07.08.2024 and 05.08.2024. However, now at the stage of Second Appeal, revised point-wise reply/information has been provided to the Appellant.
Decision:
12. The Commission after hearing the submissions of the Respondent and after perusal of the records, observes that the Appellant in his Second Appeals are aggrieved that information has not been provided to him by the Respondent.
CIC/ECRHJ/A/2024/639986 Page 6 of 8CIC/ECRHJ/A/2024/639989
13. The Commission observes that the Respondent in their written submissions in response to point No. 4 of the RTI applications stated that the matter does not pertains to them. Merely stating that the information sought is not available with them or is available with some other office does not suffice the information being provided under the RTI Act.
14. If the information sought by the Appellant is not available in their department, then the Respondent should have either transferred the RTI application of the Appellant to the concerned department or procured and provide it. The Respondent has neither transferred the RTI applications under Section 6(3) of the RTI Act nor assistance was sought as per Section 5(4) of the RTI Act.
15. Since, much time has now elapsed, the Respondent is directed to take assistance under Section 5(4) of the RTI Act from the concerned PIO w.r.t the information sought on point No. 4 of the RTI applications dated 22.07.2024 and 16.07.2024 and provide information to the Appellant, free of cost, within two weeks from the date of receipt of this order, through speed post.
16. With respect to other points of the RTI applications, the Commission finds no infirmity in the reply and as a sequel to it further clarifications tendered by the PIO during hearing as the same was found to be in consonance with the provisions of RTI Act.
The above-mentioned Second Appeals are disposed of accordingly.
Sd/-
Swagat Das ( ागत दास) Information Commissioner (सू चना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Archana Srivastva) Dy. Registrar 011 - 2610 7040 Date CIC/ECRHJ/A/2024/639986 Page 7 of 8 CIC/ECRHJ/A/2024/639989 Copy To:
The First Appellate Authority, East Central Railway, O/o the Principal Chief Material Manager, Old GM Building, G. Floor, Hajipur - 844 101 Vivek Khanna CIC/ECRHJ/A/2024/639986 Page 8 of 8 CIC/ECRHJ/A/2024/639989 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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