Central Information Commission
Somen Bhattacharjee vs Northeast Frontier Railway (Guwahati) on 11 November, 2020
CIC/NFRLG/A/2018/150925
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No.CIC/NFRLG/A/2018/150925
In the matter of:
Somen Bhattacharjee ... अपीलकता/Appellant
VERSUS
बनाम
1.CPIO , ... ितवादीगण /Respondent
Cum Asstt. Personnel Officer (II),
Northeast Frontier Railway,
Divisional Office,
Rangiya, Dist. Kamrup,
Assam
2. CPIO
Cum Divisional Railway
Manager(P),
Northeast Frontier Railway,
Alipurduar Jun.
Dist. Alipurduar,
West Bengal
Relevant dates emerging from the appeal:
RTI : 27.12.2017 FA : 12.05.2018 SA : 17.08.2018
Hearing : 01.09.2020
CPIO : 24.01.2018 FAO : 07.06.2018 and
05.11.2020
Page 1 of 6
CIC/NFRLG/A/2018/150925
The following were presenton 01.09.2020:
Appellant: Absent
Respondent: Shri Sanjib Ghosh, Sr. DCM, Northeast Frontier Railway, Divisional
Office, Rangiya, Dist. Kamrup, Assam, heard over the phone
ORDER
Information Sought:
The appellant filed an RTI application on 27.12.2017 stating:
"My father who was a railway employee expired & mother also expired and his case was settled and pension was not applicable as his Service his less than 10 years.
All the related papers attached herewith for ready ref. Please
1. Appointment letter in Rly. On 30.11.49 as per office order no. 94
2. He removed from service on 31.12.75
3. Re-appriment on 19.07.1977 as khalasi
4. Retired on 31.10.85
5. But he worked in strike period as per letter no 37GR/81 & 3.2.81 L.F.NBQ.
6. compentencycertificate issued on 2.1.81 and retired. It is a matter great surprise that he worked during strike period as Shunter and compentency certificate was issued after one year as shunter.Page 2 of 6
CIC/NFRLG/A/2018/150925 Considering that he worked during strike period he enter service may please as counted as pension and pension may please of he granted."
The CPIO, vide letter dated 24.01.2018,transferred the RTI application to DRM (P), N.F. Railway, Alipurduar Jn.Being dissatisfied, theappellant filed first appeal dated 12.05.2018.FAA, vide order dated 07.06.2018, stated that there was no document in the possession of DRM (P)/RNY asRangiya division started w.e.f. 01.04.2003, hence the case pertained to APDJ Division.
Grounds for Second Appeal:
The appellantfiled 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 the information sought for.
Submissions made by Appellant and Respondent during Hearing on 01.09.2020:
The appellant remained absent during the hearing.
Interim Decision:
The Commission notes that the Notice of Hearing issued to the appellant has been returned undelivered. In view of this, in the interest of justice,the Commission, hereby, adjourns the matter.
The Commission directs the Registry of this Bench to issue a fresh Notice for Hearing to the parties concerned.Page 3 of 6
CIC/NFRLG/A/2018/150925 Copy of the interim decision be provided free of cost to the parties.
The matter is, hereby, adjourned.
Relevant facts emerging during Hearing on 05.11.2020:
Following were present:
Appellant: Shri Somen Bhattacharjee participated in the hearing through video conferencing from NIC Bongaigaon.
Respondent: Shri Sanjeev Ghosh, Sr. Divisional Commercial Manager participated in the hearing through video conferencing from NIC Kamrup/Cooch Behar.
The Appellant stated that the information sought has not been provided by the Respondent till date.
The Respondent submitted that the though the information sought in the instant RTI Application is outside the purview of Section 2(f) of the RTI Act, the Appellant was provided a suitable reply that the matter/case pertains to APDJ Division.
Final 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 information sought by the Appellant in the instant RTI Application are mere statements and no information have been sought by him as per the provisions of the Section 2(f) of the RTI Act.Page 4 of 6
CIC/NFRLG/A/2018/150925 In view of the above, Commission finds no further reason for intervention in the instant matter. Accordingly, the submission of the Respondent public authority is upheld.
With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove(अिमतापांडव) Information Commissioner (सूचना आयु ) दनांक / Date 11.11.2020 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Cum ADRM, Northeast Frontier Railway, Divisional Office, Rangiya, Dist. Kamrup, Assam Page 5 of 6 CIC/NFRLG/A/2018/150925
2. The Central Public Information Officer Cum Asstt. Personnel Officer (II), Northeast Frontier Railway, Divisional Office, Rangiya, Dist. Kamrup, Assam
3. The Central Public Information Officer Cum Divisional Railway Manager(P), Northeast Frontier Railway, Alipurduar Jun.
Dist. Alipurduar, West Bengal
4. Mr.Somen Bhattacharjee Page 6 of 6