Central Information Commission
Murari Kumar vs Northeast Frontier Railway (Guwahati) on 25 February, 2021
CIC/NFRLG/A/2018/103943
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/NFRLG/A/2018/103943
In the matter of:
Murari Kumar ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/ Sr. Divisional Commercial
Manager (Finance),
Northeast Frontier Railway
Alipurduar Division,
Distt. Alipurduar,
West Bengal
Relevant dates emerging from the appeal:
RTI : 18.10.2017 FA :21.11.2017 SA : 18.01.2018
CPIO Reply : Not on
FAO : Not on Record Hearing : 24.02.2021
Record
The following were present:
Appellant: Absent despite serving the hearing notice.
Respondent: Shri. Ajay Kumar Bastia, Asst. Personal Officer, participated in the
hearing through video conferencing from NIC Cooch Bihar.
Page 1 of 4
CIC/NFRLG/A/2018/103943
ORDER
Information sought:
The Appellant filed an online RTI Application dated 18.10.2017 seeking information on the following three points:
1) "Certified Xerox copy of application which is individually submitted by Mrs R K BAITHA GOODS GUARD Alipurduar jn for transfer of new Jalpaiguri Lobby.
2) Certified Xerox copy of seniority register for transfer of New Jalpaiguri lobby of 39 goods guard from Alipurduar junction lobby.
3) Xerox copy of order of commercial operational manager maligaon for posting of NJP LOBBY in Alipurduar junction division of 19 goods guard they were joined to pass GDCE examination in APDJ DIV and posted at Njp lobby on dated 07 August 2017."
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 21.11.2017, which has not been adjudicated by the First Appellate Authority.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information from the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for. Submissions made by Appellant and Respondent during Hearing:
The Respondent submitted that the instant RTI Application was not received by them. However, the First Appeal filed on 21.11.2017 was received by their Department, in which a copy of the RTI Application was also enclosed. He further submitted that after receiving the said First Appeal, a reply was provided to the Appellant on 08.01.2018 on his email address.Page 2 of 4
CIC/NFRLG/A/2018/103943 A written submission has been received by the Commission from Shri A.K. Jha, PIO and Divisional Personnel Officer/IC vide letter dated 17.02.2021, wherein he has enclosed a copy of the FAA's order dated 08.01.2018 and allied documents.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent averred that the instant RTI Application was received by them alongwith the First Appeal. However, upon receipt of the RTI Application alongwith the First Appeal, the Respondent has provided a reply dated 08.01.2018 to the Appellant on his email address. Since the Appellant has not appeared before the Commission to buttress his case, the Commission finds no further scope of intervention in the instant matter.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove(अिमता पांडव) Information Commissioner(सूचना आयु ) दनांक / Date: 24.02.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 3 of 4 CIC/NFRLG/A/2018/103943 Addresses of the parties:
1. The First Appellate Authority (FAA) Northeast Frontier Railway, Alipurduar Division, Distt. Alipurduar, West Bengal
2. The Central Public Information Officer / Sr. Divisional Commercial Manager (Finance), Northeast Frontier Railway Alipurduar Division, Distt. Alipurduar, West Bengal
3. Mr. Murari Kumar Page 4 of 4