Central Information Commission
Dheeraj Kumar Singh vs Northern Railway on 13 December, 2023
केन्द्रीय सच
ू ना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
File No : CIC/NRAIL/A/2023/601773
DHEERAJ KUMAR SINGH .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
DCM/FS, DELHI DIVISION,NORTHERN
RAILWAY, DRM OFFICE,RAILWAY
COLONY, NEW DELHI -110002 ....प्रनर्वािीगण /Respondent
Date of Hearing : 07-12-2023
Date of Decision : 08-12-2023
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12-09-2022
CPIO replied on : 03-10-2022
First appeal filed on : 10-11-2022
First Appellate Authority's order : 06-12-2022
2nd Appeal/Complaint dated : 10-01-2023
Information sought:
The Appellant filed an RTI application dated 12.09.2022 seeking the following information:1
"(1) Kindly provide certified copies of requisition letters received from CBI, New Delhi written to your department for sending one Shri Mohar Singh, worked as Parcel Porter at Parcel office, Nizammuddin Railway Station, New Delhi to CBI office, New Delhi for any matter from the period from 1.8.2019to 31.10.2019.
(2) Kindly provide certified copies of order/letters issued by Railway Authority for detailing/deputing Shri Mohar Singh, worked as Parcel Porter at Parceloffice, Nizammuddin Railway Station, Delhi to CBI office, New Delhi, for any matter from the period from 1.8.2019 to 31.10.2019.
(3) Kindly provide certified copy of attendance sheet of Shri Mohar Singh, worked as Parcel Porter at Parcel office, Nizammuddin Railway Station, New Delhi at that time for the period from 1.8.2019 to 31.10.2019.
(4) Kindly provide the dates for the period between1.8.2019 to 31.10.2019 in which Shri Mohar Singh attended CBI office, New Delhi in connection with any matter. Kindly provide certified copies of relevant orders/letters issued by Railway Authorities to Shri Mohar Singh, worked as Parcel Porter, at Parcel office, Nizammuddin Railway Station, for attending the CBI office, New Delhi, for the period between1.8.2019 to 31.10.2019.
(5) Kindly provide file number in which case of deputing/deploying of Shri Mohar Singh to CBI for any date for the period between 1.8.2019 to31.10.2019 was dealt with."
The CPIO furnished a reply to the Appellant on 03.10.2022 by stating as under:
"It is to inform you that under the provisions of RTI Act, 2005, rule no. 8(1)(d), the information could not be provided."
Being dissatisfied, the appellant filed a First Appeal dated 10.11.2022. The FAA vide its order dated 06.12.2022, upheld the reply of the CPIO with the following observations:
"In reference to above, Kindly note that reply to RTI was sent vide this office letter referred at "2" above, wherein, it was mentioned that under the provision of RTI Act- 2005, rule no. 8(1)(d), the information could not be provided.2
As regards to your appeal, please note that the information sought was related to third party (Shri Mohar Singh) who expired on 28.04.2021. Thus, sought information is exempted under rule 8(1)(d) of RTI Act-2005."
Feeling aggrieved and dissatisfied with the denial of information by the CPIO, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present. (Despite receipt of hearing notice as per speed post tracking record on 29.11.2023) Respondent: Dr. Kanishka, DCM/Freight & CPIO along with Sh. Rohtash Kumar, Ch. O.S.; Sh. Suman Saurabh, CMI PMS and Sh. Pramod Kumar, CS Freight Cell (DRM Office) New Delhi present in person.
The CPIO reiterated their denial of information with the plea that the details of service-related records of averred third party as sought by the Appellant impinges on their privacy and cannot be divulged in terms of RTI Act. Further, nowhere the Appellant has established his locus standi vis-à-vis the third party.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the submissions of Respondent during the hearing observes core contention raised by the Appellant in the instant Appeal was denial of information by the CPIO under the alleged garb of Section 8(1)(d) of RTI Act. In response to which, the CPIO reiterated their stand for denial of information.
Here, the Commission is in agreement with the denial of personal details of the concerned third party more particularly by noting the fact that Sh. Mohar Singh has already expired on 28.04.2021. It is not out of place to note that the information sought should technically be denied under Section 8(1)(j) of RTI Act in place of Section 8(1)(d) of RTI Act as quoted by the CPIO.3
Having observed as above and considering the absence of the Appellant during the hearing, the Commission finds no scope for further relief to be granted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सच ू ना आयक् ु ि) Authenticated true copy (अभिप्रमाणणर् सत्यापपर् प्रनर्) (R K Rao) Dy. Registrar 011-26181927 Date: 08.12.2023 DHEERAJ KUMAR SINGH Flat no 612, Block H1 , CPWD Flats, Multi Storey Building, Karol Bagh, New Delhi - 110005 4