Surendra Jain vs Ministry Of Railways on 22 May, 2019

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Central Information Commission

Surendra Jain vs Ministry Of Railways on 22 May, 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/MORLY/A/2017/166032

Surendra Jain                                             ... अपीलकता/Appellant


                                    VERSUS
                                     बनाम


1. CPIO, M/o Railway, CPIO,                                ... ितवादी/Respondent
Rail Land Development Authority,
New Delhi


Relevant dates emerging from the appeal:

RTI : 29-05-2017            FA     : 26-07-2017         Appeal : 19-09-2017

CPIO : 29-06-2017           FAO : 16-08-2017            Hearing: 09-05-2019

                                   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, Rail Land Development Authority, New Delhi seeking information regarding allotment of land for construction of 'Multi Functional Complex' outside the Jodhpur Railway Station, including, inter-alia, a certified copy of the agreement, relating notesheets and action taken on his letter dated 04.04.2017.

2. As the CPIO had not provided the requested information within a period of 30 days, the appellant filed the first appeal dated 26-07-2017 which was disposed of by the first appellate authority on 16-08-2017. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take Page 1 of 4 appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information. Hearing:

3. The appellant, Mr. Surendra Jain attended the hearing through video conferencing. Mr. Samarjeet Singh, CPIO/RLDA participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.

4. The appellant stated that the respondent has not provided him information on point nos. 1 and 2 (complete notesheets/documents relating to acquisition of 2400 sqm land and proposal for construction of 'Multi Functional Complex' given to M/s IRCON). Further, he stated that on point nos. 3 and 4 (relating to copy of the agreement and allotment of land), M/s IRCON to whom the RTI application was transferred has not provided him the information till date. He also stated that the respondent should provide him the action taken on his letter dated 04.04.2017.

5. The respondent stated that the information sought by the appellant on point nos. 1 and 2 is not specific and therefore they had invited the appellant for inspecting the relevant documents. Further, he stated that the subject matter on point nos. 3 and 4 pertained to M/s IRCON and therefore, the RTI application was transferred to M/s IRCON u/Section 6(3) of the RTI Act, 2005 for replying to the appellant. He also confirmed that the appellant's letter dated 04.04.2017 was never received by them.

Decision:

6. This Commission observed that the information sought by the appellant on point nos. 1 and 2 is not specific and therefore, the CPIO has rightly asked the appellant for inspecting the records. Further, the reply given on point no. 5 is also satisfactory, as the letter dated 04.04.2017 was not delivered on the correct address of the respondent. Since the subject matter on point nos. 3 and 4 pertains to M/s IRCON, the CPIO, M/s IRCON is directed to provide the information to the appellant on point nos. 3 and 4 with reference to the RTI application, within a period of 15 days from the date of receipt of this order.

7. However, there is delay in responding to the RTI application and therefore, the concerned CPIO, M/s IRCON is hereby issued a warning for future to be careful and not to contravene the provisions of the RTI Act, 2005.

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

Page 2 of 4

9. 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 10-05-2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 4 Addresses of the parties:

1. The CPIO, M/o Railway, CPIO, Rail Land Development Authority, Near Safdarjung Railway Station, Moti Bagh-1, New Delhi - 110021

2. Surendra Jain Page 4 of 4

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