Central Information Commission
D Srinivasulu vs South Central Railway (Secunderabad) on 18 January, 2021
CIC/SCRLS/A/2018/173141
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/SCRLS/A/2018/173141
In the matter of:
D Srinivasulu ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Dy. Chief Personnel Officer,
South Central Railway,
O/o. the Chief Work Shop
Manager, Personnel Branch,
Wagon Workshop Guntupalli,
Vijayawada, Krishna Dist.
Andhra Pradesh - 521 241
Relevant dates emerging from the appeal:
RTI : 26.07.2017 FA : 24.03.2018 SA : 19.12.2018
Hearing : 10.11.2020 &
CPIO : 16.03.2018 FAO : 19.04.2018
13.01.2021
The following were present:
Appellant: Absent (informed the registry to post-pone the hearing).
Respondent: Shri Chandu Edukondalu, PIO and Workshop Personnel Officer,
Wagon Workshop, Guntupalli participated in the hearing through video
conferencing from NIC Krishna.
Page 1 of 6
CIC/SCRLS/A/2018/173141
ORDER
Information sought:
The Appellant filed an RTI application dated 26.07.2017 seeking information on the following nine points:
1) I am questioning in our Railway institute, without carrying audit can we conduct elections? If you carry elections without audit as per bye law its particulars may be furnished.
2) Elections held on 16.5.17. Secretary V. Mallikarjuna, made attempts to Sri Srinivasan who carried audit previously. He never requested toncerned WAO proposing new Auditor, he kept quite for 50 days and got audited with only previous auditor. Reasons for this delay may be furnished.
3) V. Mallikarjun requested Secretary to affix letter in Railway Institute Notice Board, ie 20.04.17 election notification letter No. NCR/P.GTPL /475/4/Welfare/R.I. Election officer & election committee audit carried or not. We have to ask in this way. If audit is not taken up concerned people requested Secretary to do audit etc. by way of letter or not. Particulars of this subject may be furnished to appellant.
4) In election notification it was stated for people who won in elections their period from 17.05.2017. They must be requested they were requested to take up their responsibilities letter handed over to Secretary dt. 25.07.2017 up to this date ex secretary 'taking over' and 'handing over' not taken up. Kindly furnish those details also.
5) To carry administration elections we will appoint election committee. Institute will convene elections and they will take up responsibilities. Institute related all items, "Secretary who won in elections, for this new Secretary old Secretary has not handed over records, responsibilities etc. In such case why you have not taken any action against Administration Ex. Secretary. Those particulars may be furnished to appellant.
6) According to bye law rules, how far in our Institute Chairman's responsibilities are applicable? What are the responsibilities of Secretary. What are the responsibilities of Joint Secretary, Treasurer and committee members? Those particulars may be furnished to appellant.
7) A letter has to be submitted by Chairman & Managing committee, Secretary with all people that they will take up entire responsibility within two years block period. Kindly furnish appellant that letter copy.
8) In our Railway Institute elections on 16.05.17 appellant won as Secretary independent member. As Secretary's he may be clarified Appellant as S.C. caste he got powers to work as Secretary or not. Officers also creating so many Page 2 of 6 CIC/SCRLS/A/2018/173141 problems during duty. He may be clarified whether this point is noted in bye law. If so those particulars may be furnished.
9) As per bye law rules if a person fails to attend three meetings he may be Secretary, Joint Secretary and Treasurer (Office bearers) is it written in concerned records they must be terminated or not. Is it written committee members will he terminated or not. Those particulars may be furnished tome.
The CPIO vide letter dated 16.03.2018 denied information u/s 2(f) of the RTI Act. Being dissatisfied, the Appellant filed a First Appeal dated 24.03.2018. The First Appellate Authority vide order dated 19.04.2018 informed that the information has already been provided to you vide letter dated 16.03.2018 and that the information sought is vague and undecipherable. In addition, the First Appellate Authority provided an opportunity to inspect the available documents on any working day with due intimation to them.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing on 10.11.2020.
The Appellant informed the Registry regarding the demise of his father on 03.11.2020 and expressed his inability to attend the hearing. He requested the Commission to post-pone the hearing in the instant matter on a later date.
A written submission dated 02.11.2020 filed by Shri Chandu Edukondalu, PIO and Workshop Personnel Officer, Wagon Workshop, Guntupalli is taken on record.
Page 3 of 6CIC/SCRLS/A/2018/173141 Interim Decision:
In view of the Appellant's request to post-pone the hearing in the instant matter owing to his father's demise on 03.11.2020, the Commission hereby adjourns the present Second Appeal.
The Registry of this Bench is directed to issue a fresh notice for hearing to the parties concerned.
Copy of the interim decision be provided free of cost to the parties.
Submissions made by Appellant and Respondent during Hearing dated 13.01.2021:
The following were present:
Appellant: Absent (hearing notice sent to the Appellant has been returned undelivered with remarks "door locked").
Respondent: Shri Chandu Edukondalu, PIO and Workshop Personnel Officer, Wagon Workshop, Guntupalli participated in the hearing through video conferencing from NIC Krishna.
The Appellant did not participate in the hearing since the hearing notice has been returned undelivered with remarks "door locked". Hence, the Commission is deciding the instant matter on merits.
The Respondent reiterated the contents of his written submission dated 30.12.2020. A written submission has been received by the Commission from Shri Chandu Edukondalu, PIO and Workshop Personnel Officer, Wagon Workshop, Guntupalli vide letter dated 30.12.2020 wherein has narrated the facts and circumstances of the instant case.Page 4 of 6
CIC/SCRLS/A/2018/173141 Final Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that appropriate information has been provided to the Appellant. Since the Appellant has not participated in the hearing to buttress his case, the Commission finds no further scope of intervention in the instant matter.
With the above observations, the 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: 18.01.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/SCRLS/A/2018/173141 Addresses of the parties:
1. The First Appellate Authority (FAA) Chief Personnel Officer, South Central Railway, O/o. the Chief Work Shop Manager, Personnel Branch, Wagon Workshop Guntupalli, Vijayawada, Krishna Dist.
Andhra Pradesh - 521 241
2. The Central Public Information Officer Dy. Chief Personnel Officer, South Central Railway, O/o. the Chief Work Shop Manager, Personnel Branch, Wagon Workshop Guntupalli, Vijayawada, Krishna Dist.
Andhra Pradesh - 521 241
3. Mr. D Srinivasulu Page 6 of 6