Govardhan G. Bhasme vs Ministry Of Railways on 21 June, 2019

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Central Information Commission

Govardhan G. Bhasme vs Ministry Of Railways on 21 June, 2019

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/RITES/A/2017/173151/MORLY

Govardhan G. Bhasme                                      ... अपीलकता/Appellant


                                    VERSUS
                                     बनाम


1. CPIO, M/o. Railways, Railway                   ... ितवादीगण /Respondents
Board, New Delhi.

2. CPIO, M/o. Railways, Container
Corporation of India Ltd., New
Delhi.

3. CPIO, M/o. Railways, IRCON
International Ltd., New Delhi.

4. CPIO, M/o. Railways, RITES
Ltd., Gurgaon, Haryana.

5. CPIO, M/o. Railways, Konkan
Railway Corporation Ltd., Navi
Mumbai, Maharashtra.

6. CPIO, M/o. Railways, Indian
Railway Catering & Tourism Corp.
Ltd., New Delhi.


Relevant dates emerging from the appeal:

RTI : 14-07-2017           FA    : 13-10-2017          SA: 23-10-2017

                                                                        Page 1 of 5
 CPIO(s): 12-09-2017,
29-09-2017, 12-10-2017,
                        FAO : Not on record              Hearing: 20-06-2019
18-10-2017, 31-10-2017
20-11-2017 & 27-12-2017

                                   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, Govt. of India, New Delhi seeking following information:-

"Kindly provide following information regarding the railway companies like RDSO, IRCON, RUNIL, RITES, IRCTC, CONCOR, KRCL, COFMOW:

1. What is the share holding of GOI in these companies?

2. Rest of the share held by whom?

3. The number of permanent employs and contractual employees working in them.

4. The list of contractors, along with their PF code and ESIC registration.

5. The Corporate Social Responsibility (CSR) spent by these companies under the Companies Act, 2013.

6. Areas on which CSR is spent.

7. Position of 'Reservation Policy' for all Employees, Officers, including 'backlog' if any till date.

8. SC/ST liasioning officer or Anti-Discrimination Officer appointed.

9. Affirmative Action Policies 'Appointed, Promotions and Businesses' being implemented for SCs, STs, OBCs, Minorities and PHs, people in them."

2. The CPIO responded on 12-09-2017, 29-09-2017, 12-10-2017, 18-10-2017, 31-10-2017, 20-11-2017 & 27-12-2017. The appellant filed the first appeal dated 13-10-2017 which was not disposed of by the first appellate authority. 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(s) u/Section 20 of the RTI Act and also to direct him to provide the sought for information. Hearing:

3. The appellant, Mr. Govardhan G. Bhasme was not present despite notice. Mr. Anurag Mathur, CPIO, Mr. Amit Madan, APIO, Mr. Ram Dutt Sharma, SM (P&A), Mr. Ajay Bahri, DGM(MCS), Mr. Tarun Kumar, JGM, Mr. Virendra Singh, CPIO, Mr. Neeraj Sharma (on behalf of Nodal Officer), Mr. Masood Ahmad, IRCON, Mr. P. V. Likhar, DM/HRM/IRCON, Mr. N. M. Telang, CPIO and Mr. Tarun Mehta, FAA participated in the hearing representing the Page 2 of 5 respondent(s) through video conferencing. The written submissions are taken on record.

4. The respondent(s) informed the Commission that they have already furnished the sought for information with reference to the RTI application as available in their records to the appellant vide their letters dated 12-09-2017 (Railway Board), 29-09-2017 (RITES), 12-10-2017 (IRCON), 18-10-2017 (CONCOR), 31-10-2017 (IRCTC), 20-11-2017 & 27-12-2017 (KRCL). The given replies were also read out by the respondent(s). Decision:

5. This Commission observed that due information, as available in records, has been provided to the appellant vide letters dated 12-09-2017, 29-09-2017, 12-10- 2017, 18-10-2017, 31-10-2017, 20-11-2017 & 27-12-2017. Hence, no further intervention of the Commission is required in the matter. However, there is delay in responding to the RTI application and therefore, the concerned CPIO(s) are hereby issued a warning for future to be careful and not to contravene the provisions of the RTI Act, 2005.

6. With the above observations, the appeal is disposed of.

7. Copy of the decision be provided free of cost to the parties.

नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date 20-06-2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 5 Addresses of the parties:

1. CPIO, M/o. Railways, CPIO & D (PSU), (Railway Board), Room No. 5, (GF), Rail Bhavan, Raisina Road, New Delhi-110001

2. CPIO, M/o. Railways, PIO, Container Corporation of India Ltd., Regd. Office: CONCOR Bhawan, C-3, Mathura Road, New Delhi-110076

3. CPIO, M/o. Railways, IRCON International Ltd., CPIO & GM (Mech.), Regd. Office: Plot No.C-4, District Centre, Saket, New Delhi-110017

4. CPIO, M/o. Railways, RITES Ltd., PIO & GM(Legal), Rites Bhawan, No.1, Sector-29, Gurgaon, Haryana-122001.

5. CPIO, M/o. Railways, Konkan Railway Corporation Ltd., Regd. Office: Belapur Bhavan, sec-11, CBD Belapur, Navi Mumbai, Maharashtra-400614.

6. CPIO, M/o. Railways, Indian Railway Catering & Tourism Corp. Ltd. , CPIO, 9th floor, Bank of Baroda Building, 16, Sansad Marg, Parliament Street, New Delhi-110001.

Page 4 of 5

7. Shri Govardhan G. Bhasme, Page 5 of 5

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