Central Information Commission
Amrit Lal vs Northern Railway Firozpur on 1 December, 2021
CIC/NRALF/C/2019/159194
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/NRALF/C/2019/159194
In the matter of:
Amrit Lal ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Senior Divisional Material
Manager, Northern Railway,
Office of the Divisional Railway
Manager, Firozpur Division,
Firozpur (Punjab)- 152001
Relevant dates emerging from the Complaint:
RTI Application filed on : 24.07.2019
CPIO replied on : Not on Record
First Appeal filed on : Not on Record
First Appellate Authority order : Not on Record
Complaint received on : 06.12.2019
Date of Hearing : 12.11.2021
The following were present:
Complainant: Shri Amrit Lal through his representative Shri S.C. Khanna
participated in the hearing 2through video conferencing from NIC Jalandhar.
Respondent: Shri Jai Bhagwan Singh, DFM, along and Shri Abhijeet Gupta, APO,
participated in the hearing through video conferencing from NIC Ferozepur
Page 1 of 6
CIC/NRALF/C/2019/159194
ORDER
Information Sought:
The Complainant filed an RTI application dated 24.07.2019 seeking information as under:
"Reason for reduction of pension.
P.P.O. No. 20027030591793"
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.
Submissions made by Complainant and Respondent during Hearing:
The Complainant submitted that he has not received any reply from the Respondent qua the instant RTI Application within stipulated time frame as per the provisions of RTI Act. Upon being queried by the Commission whether he has filed any First Appeal, the Appellant apprised the Commission that the First Appeal has been filed on 04.09.2019 and the same is on record.
The Respondent submitted that they have received the instant RTI Application along with the First Appeal on 30.10.2019 through online mode and accordingly they have provided a reply to the Complainant vide letter dated 13.01.2020. He further added that they have never reduced the pension of the Complainant and moreover, revised PPO has been issued on 30.09.2021 and the same has also been conveyed to the Complainant vide letter 03.11.2021. The contents of the same are as under:Page 2 of 6
CIC/NRALF/C/2019/159194 Upon being queried by the Commission what was the reason for not receiving the instant RTI Application in the first instance and thereafter why no reply has been given to the Complainant within stipulated time frame, the Respondent submitted that due to some technical glitch, the instant RTI Application could not be received and replied in time. The Commission orally directed to upload a written explanation for the same on the link of the registry of the Commission. The Respondent replied in affirmative.
A written submission has been sent to the Complainant from the office of DPO cum CPIO, Northern Railway, Firozpur, vide letter dated 03.11.2021 and the same has been marked to the Commission, wherein the Complainant has been Apprised as under:
The contents of letter dated 13.01.2020, sent to the Complainant from the office of DPO & DPIO/N. Rly, Firozepur, are as under:Page 3 of 6
CIC/NRALF/C/2019/159194 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that despite being given an oral direction by the Commission to upload a written explanation in lieu of the averred technical glitch on the link of the registry, the Respondent did not bother to comply with the Commission's oral direction. The Commission expresses severe displeasure against the conduct of the Respondent and accordingly admonishes them for the same. The Commission strictly cautions the Respondent to be extra careful in future while dealing with the RTI matters. The Commission furthermore observes that the Respondent public authority has not provided any reply to the Complainant within the stipulated time-period, as specified in the RTI Act and has also treated the instant RTI Application and First Appeal in a cavalier manner. The said conduct of the Respondent public authority amounts to gross violation of the provisions of the RTI Act. It also raises a reasonable doubt that the denial of information is with mala fide intent. In view of the above the Commission directs the Registry of this Bench to issue Show Cause Notice to Shri Jai Bhagwan Singh, DFM, seeking explanation as to why action under Section 20(1) and 20(2) of the RTI Act should not be initiated against him.
A copy of this order is marked to FAA to ensure that a copy of this order is received by Shri Jai Bhagwan Singh.Page 4 of 6
CIC/NRALF/C/2019/159194 With the above observations, the 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 : 01.12.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/NRALF/C/2019/159194 Addresses of the parties:
1. The First Appellate Authority (FAA) /ADRM, Northern Railway, Office of the Divisional Railway Manager, Firozpur Division, Firozpur (Punjab)-152001
2. The Central Public Information Officer (CPIO) /Senior Divisional Material Manager, Northern Railway, Office of the Divisional Railway Manager, Firozpur Division, Firozpur (Punjab)- 152001
3. Mr. Amrit Lal Page 6 of 6