Central Information Commission
Tejkaran Meena vs North Central Railway on 1 November, 2018
क य सूचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगानाथ माग
Baba Gangnath Marg,
मु नरका, नई द ल -110067
Munirka, New Delhi-110067
File No.: CIC/NCRAL/A/2017/185182
In the matter of:
Tejkaran Meena
...Appellant
VS
PIO/Sr. DMM
Northern Railway,
DRM's Office, State Entry
Road, New Delhi - 110055.
&
PIO/Sr. DPO
Northern Railway,
DRM's Office, State Entry
Road, New Delhi - 110055. ...Respondents
Dates
RTI application : 09.05.2016
CPIO reply : Not on Record
First Appeal : 08.07.2016
FAA Order : Not on Record
Second Appeal : 10.11.2016
Date of hearing : 09.02.2018, 04.10.2018
Facts:
The appellant vide RTI application dated 09.05.2016 sought information on four points; number of sanctioned posts for Health and Malaria Inspector, vacancy details and other related information. The CPIO's reply or the First Appellate Authority (FAA)'s order is not on record. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed a second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 10.11.2016.
Grounds for Second Appeal The CPIO did not provide the desired information.
1
Order
Appellant : Present
Respondent : Shri I. Tirkey,
Divisional Personnel Officer cum PIO,
DRM Office along with
Shri Sunil, Chief Office Superintendent,
Shri Rohtash Kumar, Chief Office Superintendent, DRM office, Northern Railway During the hearing, the respondent PIO handed over a written submission and stated that they had provided the requisite reply vide their letter dated 16.06.2016 to the appellant. The reply furnished to the appellant is just and proper and hence the case might be dismissed.
The appellant submitted that he was not satisfied with the reply received from the respondent.
On perusal of the case record, it was seen that a totally irrelevant reply was provided to the appellant by the concerned PIO in the present case.
In view of the above, a Show Cause Notice is issued to the then PIO, DRM's Office, Northern Railway u/s 20 of the RTI Act to explain the following:-
Why no reply was provided to the appellant in almost in two years. The explanation to the above stated Show Cause notice is to be submitted to the Commission by the respondent CPIO/PIO within 15 days of the receipt of this order. The present CPIO is also to submit a report to the Commission indicating the name, address, mobile no., present place of posting and designation of the CPIO/PIO working at the relevant post at the relevant period. The present respondent CPIO is to serve a copy of this order to the then respondent CPIO/PIO under intimation to the Commission. On receipt of the explanation to the said Show Cause notice, further action as deemed appropriate will be taken.
The concerned respondent CPIO/PIO should note that in the case of non- submission of the explanation within the time stipulated above, the Commission 2 has the liberty to take the required decision ex-parte against the respondent CPIO/PIO.
Be that as it may, since no desired information was provided to the appellant in the present case, the respondent PIO (Personnel), Delhi Division is directed to provide point wise reply complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. note sheet, letter, correspondence, e-mail etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 07 days of the receipt of the order. For this purpose, CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.
The present respondent PIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
With the above Show Cause notice/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
Adjunct Order : 04.10.2018
Respondent : Shri I. Tirkey
DPO, DRM Office, NR
A letter dated 06.03.2018 was sent to Mr Udot Jha, Under Secretary, Cabinet Secretariat, Rastrapati Bhawan, New Delhi by the Divisional Personnel Officer, Northern Railway, Delhi Division informing him to submit explanation by him to the Commission within 15 days of receipt. Shri Udot Jha chose not to reply to the said notice.
A strict warning is issued against Shri Udot Jha for providing totally irrelevant reply to the appellant vide letter dated 16.06.2016.
The present showcause hearing notice was not served on Sh. Udot Jha, Under Secretary, Cabinet Secretariat, Rastrapati Bhawan by the DPO, Shri I. Tirkey for which he is issued a strict warning. The DPO should note that in future if such negligence is seen to be committed by him he would be penalised as per Sec 20(2) of the RTI Act.3
A copy of this warning shall be served by Shri I. Tirkey to Shri Udot Jha, Under Secretary, Cabinet Secretariat with proper acknowledgment which is to be submitted to the Commission within 7 days from the receipt of this order by Sh. I. Tirkey.
With the above direction, the showcause proceeding is closed. Copies of the order be sent to the concerned parties free of cost.
अिमताभ भ टाचाय)
Amitava Bhattacharyya (अिमताभ टाचाय
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अिभ मा णत स या पत ित)
Ajay Kumar Talapatra (अजय कुमार तलापा!)
Dy. Registrar (उप-पंजीयक)
011- 26182594 / [email protected] दनांक / Date 4