Central Information Commission
M V Ramana vs Southern Railway on 3 March, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/SORLY/A/2023/145310,
CIC/SCRLS/A/2023/146643 &
CIC/SORLY/A/2023/147372
M V Ramana .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Sr. Divisional Engineer (Co-Ordination),
Divisional Office South Central Railway
Railway Station Road, Prabhat Nagar,
Guntakal - 515801 ....प्रनर्वािीगण /Respondent
Date of Hearing : 12.02.2025
Date of Decision : 25.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant
is common and subject-matter is similar in nature and hence are being
disposed of through a common order.
1. CIC/SORLY/A/2023/145310
Relevant facts emerging from appeal:
RTI application filed on : 01.09.2023
CPIO replied on : not on record
First appeal filed on : 03.10.2023
First Appellate Authority's order : not on record
2nd Appeal/Complaint dated : 16.11.2023
Page 1 of 7
Information sought:
The Appellant filed an RTI application (offline) dated 01.09.2023 seeking the following information:
"I request you to furnish the attested copies of the following information under RTI Act, 2005, the fly over bridge (Rail Under Bridge) crossing the gates No.166 (Kurnool) & Gate 155 (Nandyal):
1. Copies of safety measurements Road Under Bridge (RUB) between railway gates 166 (Kurnool) to 155 (Nandyal) in all aspects Technically in civil, electrical, electronics and signaling.. etc., including drainage water & Rain water.
2. Copies of all the correspondence letters of the above Road Under bridge (RUB) to the Government Andhra Pradesh.
3. Copies of the plan combined sketch of ROB (fly over bridge) and RUB, crossing the above gates."
Having not received any response from CPIO, the appellant filed a First Appeal dated 03.10.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
A written submission has been received from Shri Anil Kumar Adepu, Deputy Chief Engineer, vide letter dated 11.02.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"1. Measurements to be adopted as per the GAD which is currently under process for approval (copy enclosed as Annexure-III-1 sheet). All relevant Civil Engineering measurements can be found therein. Further, the following features are to be adopted:
1. Providing Road approaches of RUB. dividers at
2. Providing separate boxes for movement of traffic.
3. Caution indicators will be provided on either approaches of RUB.
4. Speed Breakers will be provided on either side of RUB.
2. Xerox copies of correspondences made to State Government, AP are enclosed (Annexure-IV-07 pages).
3. Sketch showing the center line of existing ROB and proposed position of RUB along with RUB approach road is attached herewith (Annexure-V-01 page)."
Page 2 of 72. CIC/SCRLS/A/2023/146643 Relevant facts emerging from appeal:
RTI application filed on : 22.08.2023 CPIO replied on : 16.10.2023 First appeal filed on : 30.09.2023
First Appellate Authority's order : not on record 2nd Appeal/Complaint dated : 30.11.2023 Information sought:
The Appellant filed an RTI application (offline) dated 22.08.2023 seeking the following information:
"I request you to furnish the attested copies of the following information under RTI Act, 2005, regarding the permissions and other details regarding the existing Rail Over Bridge and the proposed Rail Under Bridge between gate No.166 Kurnool & Gate 155 Nandyal: towards
1. Desings of Road Over Bridge (ROB) between 166 Kurnool gate to 155 towards Nandyal gate plan copies.
2. Estimation copies the above ROB copies.
3. All correspondence led with your higher authorities regarding the above ROB.
4. Copies of newly proposed designs of Rail under Bridge (RUB) between 166 Kurnool gate to 155 Nandyal gate.
5. Estimation Copies of newly proposed RUB between 166 Kurnool gate to 155 Nandyal gate copies.
6. All corresponding letters led with your higher authorities regarding the above RUB.
7. Copy of the Topography plan of the newly proposed RUB.
8. Details of all official's name and designations who granted permissions for the existing ROB.
9. Details of all official's name and designations who granted permissions for the newly proposed RUB
10.If, there is provision for construction of RUB, mention the reasons for which the permissions for ROB were granted."
The CPIO furnished a reply to the Appellant on 16.10.2023 stating as under:
"With reference to your letter at reference cited above, it is to advise that the documents requested by you can be sent to your address on Page 3 of 7 payment of Rs.2500/-(Rupees two thousand five hundred only) towards Xerox copies, miscellaneous expenditure and clerkage.
Further, you are advised to pay the said amount at any Railway Station of Indian Railways and send the original cash receipt to this office for sending the documents requisitioned by you."
Being dissatisfied, the appellant filed a First Appeal dated 30.09.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
A written submission has been received from Shri Anil Kumar Adepu, Deputy Chief Engineer, vide letter dated 11.02.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
1. "Design copies (12 sheets) are attached herewith. (Annexure-VI - A).
2. Memorandum of Sanction, Report accompanying the estimate and General abstract of the sanctioned estimate has been attached herewith (Annexure-VI - 08 pages).
3. Correspondences made with higher authorities are attached herewith (Annexure-VII-19 pages).
4. The design drawing is attached herewith. (Annexure-VII-A-1 sheet)
5. As a measure to eliminate the LC gates 150 & 166, which are located at a very busy station, viz. Dhone Jn., construction of a ROB was only sanctioned. Provision of RUB was not incorporated therein. However, the LCs could not be closed even after the commissioning of the ROB due to public agitation and a PIL vide WP No.40154 of 2017 was filed by local residents in the Hon'ble High Court of AP. While disposing off the said PIL, the Hon'ble High Court of AP passed an interim order "to permit the passage through LC gates till the road under pass are constructed."
Complying to the above order, the construction of the RUB has been initiated as part of Guntur-Guntakal doubling. Hence, the requirement for separate estimation for RUB doesn't arise. The provision of the same will be incorporated in the Revised Estimate of Guntur-Guntakal doubling which is under preparation.
6. Correspondences made with higher authorities are attached herewith (Annexure-VIII-07 pages).
7. No such plan has been developed by Railway.
8. The concerned Officials' designations are available in the approved GAD, i.e., Annexure-l.
Page 4 of 79. The concerned Officials designations (whomsoever have approved till date) are available in the GAD, i.e., Annexure-III.
10. As a measure to eliminate the LC gates 150 & 166, which are located at a very busy station, viz. Dhone Jn., construction of a ROB was only sanctioned vide Memorandum of Sanction No.W.Con.352/G/352/W.C.2, dt.03.12.09. Provision of RUB was not incorporated therein. However, the LCs could not be closed even after the commissioning of the ROB due to public agitation and a PIL vide WP No.40154 of 2017 was filed by local residents in the Hon'ble High Court of AP. While disposing off the said PIL, the Hon'ble High Court of AP passed an interim order "to permit the passage through LC gates till the road under pass are constructed."
Complying to the above order, the Railway & State Govt. has initiated necessary process for construction of road under passes, i.e., RUB."
3. CIC/SORLY/A/2023/147372 Relevant facts emerging from appeal:
RTI application filed on : 31.08.2023 CPIO replied on : not on record First appeal filed on : 12.10.2023
First Appellate Authority's order : not on record 2nd Appeal/Complaint dated : 07.12.2023 Information sought:
The Appellant filed an RTI application (offline) dated 31.08.2023 seeking the following information:
"I request you to furnish the attested copies of the following information under RTI Act, 2005, the fly over bridge (Rail Over Bridge) crossing the gates No.166 (Kurnool) & Gate 155 (Nandyal):
1. Copies of safety measurements Road Over Bridge (ROB) between 166 (Kurnool) to 155 (Nandyal) in all aspects Technically in civil, Electrical, electronics and signaling.. etc. , including drainage water & Rain water.
2. Copies of the all the correspondence letter the above fly over bridge (ROB) to the Government Andhra Pradesh."
Having not received any response from CPIO, the appellant filed a First Appeal dated 12.10.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 5 of 7A written submission has been received from Shri Anil Kumar Adepu, Deputy Chief Engineer, vide letter dated 11.02.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
1. "Measurements executed at site are as per the approved GAD (copy enclosed as Annexure 11 sheet). All relevant Civil Engineering measurements can be found therein.
2. Xerox copies of correspondences made to State Government, AP for the above ROB are enclosed herewith (Annexure-II 7pages)."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Sri Sudhakar, APIO-cum-AEE, attended the hearing through VC.
The Appellant did not participate in the hearing.
The Respondent submitted that vide letter dated 16.10.2023, their office had sought the requisite documentation charges from the Appellant and the Appellant deposited the documentation fee on 20.10.2023 but no information was given to the Appellant within stipulated time frame. Upon receipt of the hearing notice from the Commission, their office has furnished the relevant information as sought in the RTI Applications under question to the Appellant vide letter dated 11.02.2025 and the same has been taken on record.
Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that firstly, the CPIO has asked the requisite documentation fee from the Appellant to provide information, after the mandated period of 30 days. Secondly, it is observed that despite having received the relevant documentation fee from the Appellant on 20.10.2023, the CPIO has not provided the information to the Appellant within stipulated timeframe and has waited for the listing of the instant Appeals before the Commission. Upon receipt of the hearing notice from the Commission, the CPIO has provided the information to the Appellant on 11.02.2025 i.e. almost after 18 months from the date of RTI Application. The conduct of the Page 6 of 7 concerned CPIO is viewed adversely by the Bench as it amounts to gross violation of the provisions of the RTI Act.
It is pertinent to mention that as per the provision of Section 7 (6) of the RTI Act, the information should have been provided free of cost to the Appellant. Therefore, the Commission directs the present CPIO to return the documentation fee to the Appellant as received from him within one week from the date of receipt of this order by way of Demand Draft/Electronic Transfer/UPI/Cheque.
The present CPIO is directed to serve a copy of this order on the delinquent CPIO. A copy of this order is also sent to the FAA to ensure making entries in service record of the delinquent CPIO as per above.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The First Appellate Authority O/o the Divisional Railway Manager, Divisional Office, South Central Railway Railway Station Road, Prabhat Nagar, Guntakal - 515801 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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