Central Information Commission
Jugal Kumar Ekka vs Northeast Frontier Railway (Guwahati) on 16 December, 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/NFRLG/A/2018/125496
Jugal Kumar Ekka ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, M/O. Railways, North ... ितवादी/Respondent
East Frontier Railway, Alipurdaur,
W.B.
Relevant dates emerging from the appeal:
RTI : 03-01-2018 FA : 26-02-2018 SA: 23-04-2018
CPIO : Not on Record FAO :17.05.2018 Hearing: 12-12-2019
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,North East Frontier Railway, Alipurdaur, W.B.seeking following information;-
"1. Whether the legal heir or heirs of Late Somra Oraon, S/o Late Laldeo Oraon, Ex. Gangman (CL/CPC) under CPWI/NMK who met with an accident on 02.04.1989 while on duty and expired on 06.04.1989 have received the gratuity, Page 1 of 4 PF, Family pension and also appointment on compassionate ground?
2.Whether the Welfare Inspector/Officer of N.F Railway, Alipurduar Jn. Had met with the members of the family of the Government servant in question immediately after his death to advise and assist them in getting appointment on compassionate grounds?"
2. The CPIO responded on 16.01.2018. The appellant filed the first appeal dated 26.02.2018 which was disposed of by the first appellate authority on 17.05.2018. 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.
Hearing:
3. The appellant, Mr.Jugal Kumar Ekka did not attend the hearing despite notice. Mr. Sayeed Jahangir, DPO participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.
4. The respondent informed the Commission that the information sought by the appellant pertains to the records which are approximately thirty years old and such old records are not available with them. The respondent submitted that the said position has also been informed to the appellant vide their letter dated 17.05.2018.He further informed that the old records were lost due to natural calamity i.e. flood affecting their office. The given reply was also read out by the respondent.
Decision:
5. This Commission after considering the submissions of the respondent and upon perusal of record directs the respondent to file an affidavit with the Commission deposing that the documents sought by the appellant are not available Page 2 of 4 with them, as the same being old records have been lost in the flood. A copy of the affidavit shall also be provided to the appellant under intimation to the Commission. The above directions of the Commission shall be complied with by the respondent, within a period of 15 days from the date of receipt of a copy of this order.
6. With the above observations, the appeal is disposed of.
7. Copy of the decision be provided free of cost to the parties.
नीरजकु मारगु ा) Neeraj Kumar Gupta (नीरजकु ा सूचनाआयु ) Information Commissioner (सू दनांक / Date : 12-12-2019 Authenticated true copy (अिभ मािणतस 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. DPO & PIO/APDJ, North East Frontier Railway, DRM's Office, Alipurdaur Divn., Alipurdaur, W.B.-736123.
2. Mr. Jugal Kumar Ekka Page 4 of 4