Central Information Commission
Santosh Kumar vs North Eastern Railway (Gorakhpur) on 16 August, 2021
CIC/NERLG/A/2019/143468
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/NERLG/A/2019/143468
In the matter of:
Santosh Kumar ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, ... ितवादीगण /Respondent
Asst. Secretary, North Eastern Railway,
Office of General Manager,
Gorakhpur -273012
2. CPIO,
/Sr. Personnel Officer, North Eastern
Railway, Office of General Manager,
Gorakhpur - 273012
3. CPIO,
/Asst. Secretary (Confidential), North
Eastern Railway, Office of General
Manager, Gorakhpur -273012
4. CPIO,
Sr. EDP Manager, North Eastern
Railway, Office of The Sr. EDP
Manager, Divisional Office,
Lucknow Division, Lucknow,
Uttar Pradesh
Page 1 of 6
CIC/NERLG/A/2019/143468
Relevant dates emerging from the appeal:
RTI Application filed on : 13.06.2019
CPIO replied on : 18.06.2019
First Appeal filed on : 15.07.2019
First Appellate Authority order : 26.08.2019
Second Appeal Received on : 05.09.2019
Date of Hearing : 12.08.2021
The following were present:
Appellant: Shri Santosh Kumar and Shri Akhilesh, representative of the Appellant
participated in the hearing upon being contacted on Appellant's telephone.
Respondent: Shri Vivekanand Mishra, APO-Lucknow and Shri Shiv Pratap Singh,
APO-Gorakhpur participated in the hearing upon being contacted on their
respective telephones.
ORDER
Information sought:
The Appellant filed an RTI Application dated 13.06.2019 seeking information on the following three points:Page 2 of 6
CIC/NERLG/A/2019/143468 The Assistant Secretary / J.P. & CAPIO vide letter dated 18.06.2019, transferred RTI application u/s 6(3) to CPO/Ad. & PIO/Personnel. N. E. Railway Gorakhpur and endorsed a copy to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 15.07.2019. The First Appellate Authority vide order dated 26.08.2019, informed as under:
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 and take appropriate legal action against the Respondent.
Submissions made by Appellant and Respondent during Hearing: In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.Page 3 of 6
CIC/NERLG/A/2019/143468 The representative of the Appellant stated that no reply/information has been received from the Respondent till date.
The Respondent submitted that information as available on records was sent to the Appellant on 31.07.2019.
The representative of the Appellant interjected to state that he has not received any such information from the Respondent till date.
A written submission has been received by the Commission from the Sr. Divisional Personnel Officer, North Eastern Railway, Lucknow vide letter dated 06.08.2021, wherein the Commission has been apprised as under:
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 representative of the Appellant has categorically averred that no reply has been received from the Respondent, whereas the Respondent has avowed that available and relevant Page 4 of 6 CIC/NERLG/A/2019/143468 information was provided to the Appellant on 31.07.2019. In view of the aforesaid issues, the Commission deems it expedient to direct the present CPIO to re-send a copy of the written submission alongwith relevant annexures to the Appellant, through speed post, within 10 days from the date of receipt of this order. 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: 16.08.2021 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/NERLG/A/2019/143468 Addresses of the parties:
1. The First Appellate Authority (FAA) Sr. Dy. General Manager, North Eastern Railway, Office of General Manager, Gorakhpur, Uttar Pradesh -273012
2. The Central Public Information Officer, Asst. Secretary, North Eastern Railway, Office of General Manager, Gorakhpur -273012
3. The Central Public Information Officer, /Sr. Personnel Officer, North Eastern Railway, Office of General Manager, Gorakhpur - 273012
4. The Central Public Information Officer, /Asst. Secretary (Confidential), North Eastern Railway, Office of General Manager, Gorakhpur -273012
5. The Central Public Information Officer, Sr. EDP Manager, North Eastern Railway, Office of The Sr. EDP Manager, Divisional Office, Lucknow Division, Lucknow, Uttar Pradesh
6. Shri Santosh Kumar Page 6 of 6