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Subrat Kumar Jena vs Northern Railway Firozpur on 25 January, 2023

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                      के न्द्रीयसच
                                                 ू नाआयोग
                          Central Information Commission
                                    बाबागगं नाथमागग,मुननरका
                           Baba Gangnath Marg, Munirka
                            नईनिल्ली, New Delhi - 110067

द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/NRALF/A/2022/631179 -UM

Mr. Subrat Kumar Jena




                                                                       ....अपीलकताा/Appellant
                                        VERSUS
                                          बनाम
CPIO
The CPIO/ Nodal Officer (RTI Cell)
Sr DMM, Firozpur Division,
Northern Railway Firozpur-152002.




                                                              प्रद्वतवादीगण /Respondent

Date of Hearing     :            19.01.2023
Date of Decision    :            25.01.2023



Date of RTI application                                                19.07.2021
CPIO's response                                                        20.07.2021
Date of the First Appeal                                               24.09.2021
First Appellate Authority's response                                   11.10.2021
Date of diarized receipt of Appeal by the Commission                   Nil

                                       ORDER

FACTS The Appellant vide RTI application sought information, as under:-

The CPIO vide letter dated 20.07.2021, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated 11.10.2021, furnished a reply to the Appellant, as under:-

Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Present through AC Respondent: Mr Harish Singh katoch, Ast. Divisional safety officer Present through AC The Appellant while reiterating the contents of the RTI Application submitted that no information has been furnished to him so far against the queries raised in the RTI Application, rather the RTI Application has been dealt vaguely and not replied stating irrelevant grounds. He requested the Commission to penalize the CPIO under section 20 of the RTI Act,2005.

The respondent in the reply stated that they have already provided a reply vide letter dated 24.09.2021 and subsequently on 08.08.2022. The reply was given in a letter as well as through the mail along with related documents, he said.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the CPIO to re examine the RTI application and furnish a suitable reply along with the relevant documents to the Appellant, protecting the provisions of Section 8 of the RTI Act 2005, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the receipt of this order under the intimation to the Commission.

The Appeal stands disposed accordingly.

                                                            (Uday Mahurkar) (उदय माहूरकर)
                                               (Information Commissioner) (सच      ु )
                                                                            ू ना आयक्त
Authenticated true copy

(अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पजं ीयक) 011-26182598 ं / Date: 25.01.2023 द्वदनाक Page 3 of 3