Central Information Commission
R P Meena vs Ministry Of Railways on 22 November, 2016
CENTRAL INFORMATION COMMISSION
Club building, Opposite Ber Sarai Market, Old JNU Campus, New Delhi- 110067.
Tel: 011 - 26182593/26182594
Email: [email protected]
File No : CIC/VS/A/2015/000069+000165+000567+001454-AB
In the matter of:
Sh. R P Meena
A-21, Asish Vihar, RBI Colony,
Jagatpura, Jaipur, Rajasthan-302017
...Appellant
Vs.
Central Public Information Officer
M/o Railway
Public Information Cell,
DRM Office, North Western Railway, Jodhpur-342001
&
M/o Railway
The CPIO, North Western Railway
HQ Office Near Jawahar Circle, Jaipur
Pin: 302017
...Respondents
Dates
RTI application : 26.08.2014 & 23.04.2014 & 29.09.2014& 21.01.2015
CPIO reply : 11.09.2014 & 12.05.2014 & 13.10.2014& 22.01.2015
First Appeal : 29.09.2014 & 23.05.2014 & 26.10.2014& 04.03.2015
FAA Order : 27.10.2014 & 04.07.2014& 24.11.2014& 30.03.2015
Second Appeal : 19.12.2014 & 18.12.2014 & 18.02.2015& 19.05.2015
Date of hearing : 28.10.2016
Information soughtin File No : CIC/VS/A/2015/000069:
The appellant had sought copy of letter written by Shri Rajiv Sharma.1
Information sought in File No : CIC/VS/A/2015/000165 :
The appellant had sought action taken against other employees on a complaint of sexual harassment.
Information sought in File No : CIC/VS/A/2015/000567 :
The appellant had sought copy of statement(s) of Smt Leela against the appellant on the complaint of sexual harassment.
Information sought in File No : CIC/VS/A/2015/001454:
The appellant had sought copy of circular relating to safety inspection of foot plate etc. Grounds for Appeal The CPIO did not provide the desired information.
Order Appellant : Absent Respondent : Rep. of PIO, Shri Ishwar Lal(in Jodhpur) Rep. of PIO, Shri Dinesh Kaul(in Jaipur) Shri V.Somdas, Section Officer (in person) File No : CIC/VS/A/2015/000069 On perusal of the reply, it is seen that reply of the CPIO is not correct. Section 8(1)(g) of the RTI Act is not applicable. The rep. of the CPIO submitted that these are confidential letters and can not be disclosed under the RTI Act.
The appellant was not present to challenge the contention of the respondent PIO.
The Commission observes that the CPIO's plea is not tenable. The respondent CPIO is directed to provide point wise reply complete in all respects to the appellant and as available on record, within 10 days of the receipt of the order.
With the above direction, the appeal is disposed of.2
File No : CIC/VS/A/2015/000165 On perusal of the case record, it is seen that reply provided was interim in nature. The final reply was however not provided to the appellant.
The appellant was not present to challenge the contention of the respondent PIO.
The respondent CPIO, Shri Jitender Kumar Agarwal, Sr. DFM is directed to provide final reply, point wise and complete in all respects and as available on record, to the appellant within 15 days of the receipt of the order. For this purpose the CPIO may take assistance of any other officer/department/office u/s 5(4) of the RTI Act.
With the above direction, the appeal is disposed of.
File No : CIC/VS/A/2015/000567 On perusal of the case record, it is seen that respondent CPIO has rightly invoked exemption u/s 8(1)(j) of the RTI Act. The information relates to third party. Hence, the same can not be disclosed.
With the above observation, the appeal is dismissed.
File No : CIC/VS/A/2015/001454 During the hearing the respondent CPIO submitted that they had transferred the application u/s 6(3) of the RTI Act to the deemed PIO.
The appellant was not present to challenge the contention of the respondent PIO.
The respondent DPO, Shri Ramesh Jodhpur is directed to provide final reply, point wise and complete in all respects and as available on record, to the appellant within 15 days of the receipt of the order. For this purpose the CPIO may take assistance of any other officer/department/office u/s 5(4) of the RTI Act.3
The CPIO may note that non-compliance of this order may lead to penal action u/s 20(1) of the RTI Act against the respondent CPIO.
A compliance report with proof of despatch is to be sent to the Commission thereafter for record.
With the above direction, the appeals are disposed of.
[Amitava Bhattacharyya] Information Commissioner Authenticated true copy (A.K. Talapatra) Deputy Registrar 4