Central Information Commission
Mangat Ram Saini vs Northern Railway Firozpur on 1 September, 2021
CIC/NRALF/C/2019/137847
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/NRALF/C/2019/137847
In the matter of:
Mangat Ram Saini ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Senior Divisional Material Manager,
Northern Railway, Office Of The
Divisional Railway Manager,
Firozpur Division, Firozpur (Punjab).
Relevant dates emerging from the complaint:
RTI Application filed on : 21.06.2019
CPIO replied on : Not on Record
First Appeal filed on : Not on Record
First Appellate Authority order : Not on Record
Complaint Received on : 06.08.2019
Date of Hearing : 06.08.2021
The following were present:
Complainant: Absent (despite being served the hearing notice).
Respondent: Shri Chander Shekhar, APIO and DPO, Firozpur participated in the
haering upon being contacted on his telephone.
Page 1 of 5
CIC/NRALF/C/2019/137847
ORDER
Information Sought:
The Complainant filed an RTI application dated 21.06.2019 seeking information on the following five points:
"Subject:- Please give following information of Sh. Ashok Kumar JE/P.way/STM under ADEN/PIK fess 30 Rs CBS/PTX deposits Mr No. 483675 date 21.06.2019.
1) Date of his accident.
2) Date of unfit declared by medical Board.
3) Supernumerary post created upto the date.
4) Declared fit by the board for an alternative board vide letter no & date.
5) Date on which the employee was spared to the alternative job .... If not spared/ joined on alternative job the rules and which his salary is being charged up till now."
Having not received any information from the Respondent, the Complainant approached the Commission vide this instant complaint.
Grounds for Complaint:
The complainant filed a complaint u/s 18 of the RTI Act on the ground of non- receipt of information from the Respondent. Complainant requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Complainant 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 Complainant did not participate despite being served the hearing notice.
The Respondent submitted that the instant RTI Application was received on 29.07.2019 online and accordingly reply was provided to the Complaint on Page 2 of 5 CIC/NRALF/C/2019/137847 30.10.2019. Upon queried by the Commission as to how the information sought in the instant RTI Application is exempt under Section 8(1)(i) of the RTI Act, he explained that Shri Pradeep Kumar, the then CPIO has invoked incorrect clause and tendered unconditional apology for the said lapse. Upon further queried by the Commission as to through which mode the said reply dated 30.10.2019 was dispatched, he replied that the said reply dated 30.10.2019 was dispatched through registered post.
The APIO and Divisional Personnel Officer, Northern Railway, Firozpur vide letter dated 04.08.2021 informed the Appellant as under:
The letter dated 30.10.2019 says as under:Page 3 of 5
CIC/NRALF/C/2019/137847 A copy of the same has also been uploaded on the Commission's web-portal.
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 then CPIO without application of mind has invoked Section 8(1)(i) of the RTI Act. In fact, the said Section has also been mentioned incorrectly as Section 8(i) of the RTI Act. Further, the Commission also observes that the reply has also been provided to the Complainant beyond the stipulated time-frame as specified in the RTI Act. Keeping in view the facts mentioned above, the Commission is extremely irked by the lackadaisical approach of Shri Pradeep Kumar, the then CPIO in handling the instant matter and accordingly cautions him sternly that in future, he shall ensure that appropriate exemption clause shall be invoked in denying the information to the applicants.
With the above observations, the instant Complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The Complaint, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 01.09.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 4 of 5 CIC/NRALF/C/2019/137847 Addresses of the parties:
1. The First Appellate Authority (FAA) ADRM, Northern Railway, Office of the Divisional Railway Manager, Firozpur Division, Firozpur (Punjab).
2. The Central Public Information Officer (CPIO) /Senior Divisional Material Manager, Northern Railway, Office Of The Divisional Railway Manager, Firozpur Division, Firozpur (Punjab).
3. Shri Mangat Ram Saini Page 5 of 5