Central Information Commission
Kamlesh Kumar vs South Eastern Railway (Kolkata) on 9 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/SERLK/A/2023/147580
KAMLESH KUMAR .....अपीलकता/Appellant
VERSUS
बनाम
1.CPIO,
Sh. Gajraj Charan Singh
Sr. DCM/PIO, SOUTH EASTERN
RAILWAY, CHAKRADHARPUR, WEST
SINGHBHUM, JHARKHAND-833102.
2. CPIO,
Sh. Rishav Sinha
Sr. DPO/PIO, SOUTH EASTERN
RAILWAY, CHAKRADHARPUR, WEST
SINGHBHUM, JHARKHAND-833102 .... ितवादीगण /Respondent
Date of Hearing : 05-03-2024
Date of Decision : 07-03-2024
Date of SCN hearing : 20-05-2025
Date of SCN Decision : 02-07-2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 09-08-2023
CPIO replied on : 16-08-2023
First appeal filed on : 03-10-2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 03-12-2023
Page 1 of 7
Information sought:
1. The Appellant filed an RTI application dated 09.08.2023 seeking the following information:
"उपरो! िवषयक अिधिनयम के अ$गत म% िन&िल'खत सूचना एवं संगत कागजात अिभ मािणत उपल, कराने का अनुरोध करता -ँ :-
01. टाटानगर 0ेटफाम पर KMA RESTURANT के 2ारा कैट4रं ग काय संचालन करने तथा रे 5ोर6 ट सिहत रे लवे 0ेटफाम पर आपूित िकये जाने वाले खा8 साम9ी पूड़ी-स;ी, इटली, िबरयानी, खाना आइटम, चाय, ना=ा रज़ाई करने हे तु रे लवे वािण? बंधक कायालय च@धरपुर 2ारा या रे लवे बोड 2ारा उ! रे 5ोर6 ट का काय संचालन कई वषB से की जा रही है । उ! काय आदे श (काय आवंटन), समझौता पG की छाया ित अिभ मािणत उपल, कराया जाय ।
02. KMA RESTURANT टाटानगर के 2ारा िकतने कार की खा8 साम9ी एवं ना=ा, चाय इIािद की आपूित रे लवे 0ेटफाम पर पJँ चने वाले या रे लवे टK े न से उतरने वाले याGीगणों एवं 5ाफगणों को आपूित की जाती है उ! आपूित की जाने वाली सामि9यों का नाम, दाम की सूची अिभ मािणत उपल, कराया जाय।
03. KMA RESTURANT TATANAGAR RAILWAY PLATFORM म6 कुल िकतने कामगार कायरत है , िजसम6 मैनेजर, सुपरवाईजर, कारीगर, कुक, स0ायर, सफाई कमचारी एवं अL िनयोिजत कामगारों का नाम /पदनाम / वेतनमान /िनयु'! की ितिथ/काय अविध की िववरणी अिभ मािणत उपल, कराया जाय।
04. KMA RESTURANT TATANAGAR का िनबंधन दु कान ितMान अिधिनयम 1953 के तहत Jई है िक नहीं, उसकी भी सूचना एवं िनबंधन माण पG की छाया ित अिभ मािणत उपल, कराया जाय तथा उ! िनबंधन के आधार पर सेवा पG िनगत Jई है , उस सेवा पG की छाया ित अिभ मािणत उपल, कराया जाय।
05. KMA RESTURANT TATANAGAR RAILWAY PLATFORM 2ारा Iेक माह रे लवे िवभाग का िवद् युत (उजा) खच करने के एवज म6 िकतने रािश KMA RESTURANT 2ारा रे लवे को जमा की जाती है , उसकी िववरणी एवं सुसंगत कागजात अिभ मािणत उपल, कराया जाय।
यह सूचना माँ गे जाने का उOे P चूंिक KMA RESTURANT 2ारा अपने समझौते शत का उ ंघन करते Jये िबजली खपत के मामला म6 भी रे लवे के रािश का नुकसान िकया करते ह% तथा रे 5ोर6 ट काय संचालन म6 लग6 Rिमकों का बेिमशाल शोषण करते ह% तथा सामािजक अLाय कर िविभS Rम िविधयों का उ ंघन करते रहते ह% िजसकी रोकथाम के िलये यह सूचना अित आवPक है ।"
2. The CPIO, Divisional Personnel Officer, Chakradharpur, forwarded the RTI application to the CPIO, Sr. Divisional Commercial Manager, Chakradharpur vide letter dated 16.08.2023 stating as under:
Page 2 of 7"Please find enclosed herewith a copy of RTI application Sri Kamlesh Kumar, At Makdampur, Munshi Mohalla, P.O: Golpahari, Tatanagar, Dist East Singhbhum, Jamshedpur-2 which is self-explanatory. Since the subject matter pertains to your jurisdiction, a copy of the application is forwarded herewith as per the provisions contained in Section 6(3) of the Right to Information Act, 2005 for necessary action at your end."
3. Being dissatisfied, the appellant filed a First Appeal dated 03.10.2023. The FAA order is not on record.
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing on 05.03.2024:
The following were present:-
Appellant: Present through Video-Conference. Respondent: Not Present.
The Commission passed the following observations and directions on 07.03.2024:
"The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the Appellant is aggrieved that no information was provided to him by the Respondent till date.
The Commission further observes that the CPIO vide its letter dated 16.08.2023 had transferred the RTI application of the Appellant to the Sr. DM Commercial Manager, Chakradharpur. But there is nothing on record to show that reply was given to the Appellant.
Since, much time has now lapsed, therefore, the Respondent is directed to take assistance under Section 5(4) of the RTI Act from the concerned CPIO to whom the RTI application was transferred and collect information as sought in the RTI application and provide reply/information to the Appellant within four weeks from the date of receipt of this order.
Notwithstanding the above order, since the CPIO of Respondent Public Authority and the CPIO of recipient/transferee Public Authority remained absent during the hearing proceedings to present their case in addition to not providing requested information under the RTI Act, the CPIO(s) are directed to show-cause in writing as to why maximum penalty should not be imposed on them for disregarding the Commission's notice of hearing by not appearing before the Commission and for contravening the provisions Page 3 of 7 of the RTI Act. The written submissions of the CPIO(s) shall be sent to the Commission within three weeks of the receipt of this order.
The FAA is directed to ensure the compliance of this order."
Relevant Facts emerged during Show-Cause proceedings held on 20.05.2025:
The following were present:-
Appellant: Absent Respondent: Mohd. Ibrar, Assistant Personnel Officer (Traffic), appeared through video conference.
1. The Respondent while defending their case inter alia submitted that they had provided complete information to the Appellant vide letter dated
05.04.2024 as under:
Item No. 01 to 04: Information against item No. 01 to 04 has already been provide by CPIO & AGM (HRD) EZ, IRCTC/Kolkata vide his letter No. IRCTC/ EZ/HRD/RTI Act-2005/2023 dated 19.09.2023 again a copy of the same is enclosed herewith.
Item No. 05: The information has been received from concerned authority i.e. Sr. DEE(G)CKP vide his office letter No. EL/G/Adm./RTI dated 27.03.2024 is enclosed herewith.
2. Shri Gajraj Singh Charan, CPIO & Sr. Divisional Commercial Manager, has filed a written submission dated 01.04.2024 in response to the show cause notice and the contents of the which are reproduced as under:
"With reference to the above, this is to inform you that an initial RTI request regarding information sought on KMA Restaurant by Sri Kamlesh Kumar was received by this office on 16.08.2023, via your office letter no. SER/P-CKP/740/RTI/5051/KK/2023 dated 16/08/2023.
Upon receipt of the above RTI request, it was found that the matter is closely related to IRCTC, East Zone 3 Therefore, the RTI request was transferred to the concerned PIO of IRCTC via this office letter no. Comml. 100/RTI/KK/08/23, dated 21/08/2023, dispatched by Indian Registry Post with registry post no. RJ294145660IN. The same letter was also marked and sent to PIO(Personnel)/CKP for information.
The First Appeal was received on 07/10/23 with 1st Appeal no, nil, dated 03/10/23, in the office of the First Appellate Authority, ie., ADRM/CKP.Page 4 of 7
The appellant was informed that "The appellate authority in your case is the IRCTC authority, i.e., The Group General Manager/IRCTC, East Zone 3, Koilaght Street, Kolkata 1. You may kindly appeal suitably. The action taken against your application to Sr. DCM/CKP is enclosed herewith," via 1st appellate authority letter no. ADRM/CK RTI/Off-line/45/KK/10/2023, dated 11/10/2023. The same letter was sent to the appellant, Sri Kamlesh Kumar, by Indian Registry Post with no. RJ317982941IN.
However, as per the directive of the Hon'ble Information Commissioner, the reply has been obtained from the concerned PIO, i.e., PIO/IRCTC/East Zone, Kolkata. The reply is attached herewith for further disposal of the case from your end."
3. Shri Aditya Kumar Chaudhary, CPIO & Sr. Divisional Commercial Manager, has filed a written submission dated 20.05.2025 in response to the show cause notice and the contents of the which are reproduced as under:
"As desired by the Hon'ble CIC following supporting documents are being submitted against the reason for non-attending the CIC hearing on 05.03.2024.
1. The Indian postal tracking details (Copy enclosed in Annex-1) for consignment no ED593129332IN, in which the CIC file no. under reference (ii) had been received by PIO personnel Chakradharpur i.e. Sr. Divisional Personnel Officer Chakradharpur (Copy enclosed in Annex-2). As per the track consignment details, the letter delivered at Chakradhapur SO on 04/03/2024 at 17:36:14 hrs. However, due to procedural delays within our office, it took considerable time for the notice to reach our attention. Typically, letters received by the dispatch section require official processing and presentation to our office. Given the substantial volume of correspondence this office manages and the short timeframe before the hearing date, the letter could not be brought to our attention promptly.
2. Moreover, it is pertinent to mention that in the authorization letter for attending the CIC hearing today, 20/05/2025, for CIC file no. (i) above, the reason stated was "busy with a meeting." However, my representative, Sri Baban Kumar, ACM/CKP, mentioned that I attended the train accident site today. In this instance, I wish to inform you that the weekly review meeting with the General Manager of South Eastern Railway is scheduled every Tuesday (Copy Enclosed in Annex-3) Since the meeting was already scheduled, the reason was mentioned in the authorization letter. Unfortunately, a goods train Page 5 of 7 met with an accident on 17/05/2025 at 23:05 hrs, and a Senior Supervisor-level joint finding report is attached (Annex-4) herewith for your reference, please. For further enquiry, I had to visit the accident site today, on 20/05/2025. Hence, the reason provided in today's meeting is genuine.
3. Name of the then PIO Commercial Chakradharpur Cum Sr. Divisional Commercial Manager Chakradharpur-Gajraj Singh Charan. At present holding the post of Dy. COM (Goods)/SER at Garden Reach Kolkata- 700043."
Decision in respect of Show-Cause proceedings:
4. The Commission after adverting to the facts and circumstances of the case, hearing of the Respondent and perusal of the records, observed that information sought was provided to the appellant vide letter dated 05.04.2024 after obtaining the same from the concerned CPIO/Department. Thus, the order of the Commission has been complied with by the Respondent CPIOs. The written explanations and supporting documents were submitted by the Respondent CPIOs in defence of their non-appearances. The Commission notes that non-appearance by the CPIOs in the hearing held on 05.03.2024 was not deliberate or mala fide. The reasons cited are plausible and supported by documentary evidence. Further, efforts were ultimately made by the Respondents to furnish the information to the Appellant.
5. In view of the explanation offered by the Respondent CPIOs and subsequent compliance with the RTI request, the Commission drops the show cause notices issued to both CPIOs. However, the Commission advises the Respondent Public Authority to streamline its internal procedures to ensure timely compliance with notices from the Commission in future.
The show cause case is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत सIािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 6 of 7 Copy to:
FAA, O/O THE CPIO SOUTH EASTERN RAILWAY CHAKRADHARPUR, WEST SINGHBHUM, JHARKHAND-833102.Page 7 of 7
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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