Central Information Commission
Selva Jayapal vs Centre For Railway Information System ... on 25 February, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File Nos: CIC/CFRIS/A/2023/650603
CIC/CFRIS/A/2024/602284
J. Selva Jayapal .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO,
Centre for Railway Information Systems
Opp. Safdarjung Railway Station
Chanakyapuri, New Delhi-110021 ....प्रनर्वािीगण /Respondent
Date of Hearing : 20.02.2025
Date of Decision : 25.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant
is common and subject-matter is similar in nature and hence are being
disposed of through a common order.
Relevant facts emerging from appeal:
RTI application filed on : 31.08.2023
CPIO replied on : 25.09.2023
First appeal filed on : 07.10.2023
First Appellate Authority's order : 31.10.2023
2nd Appeal/Complaint dated : 17.11.2023
Information sought:
The Appellant filed an RTI application (online) dated 31.08.2023 seeking the following information:Page 1 of 7
1. Please provide documented evidence or information regarding the functionality, features, and content of the Unreserved Ticketing System (UTS) Mobile App on 19-Nov22, specifically relating to the display of train options and any mention of Antyodaya SF Express as an upcoming train option for boarding.
2. Kindly provide details of any disclaimers, notifications, or alerts present within the UTS Mobile App on 19-Nov-22, alerting users to the eligibility or ineligibility of certain train types, particularly with reference to Antyodaya SF Express.
3. Provide information about any audits, assessments, or internal evaluations conducted by the Railway Information System (CRIS) to ascertain the accuracy and effectiveness of communication within the UTS app, specifically with regard to user information, train eligibility, and clarity of instructions.
4. Kindly provide information about any official upgrades, modifications, or changes made to the UTS Mobile App subsequent to 19th November 2022, specifically aimed at addressing issues of misinformation, clarity of information, and user guidance.
The CPIO furnished point-wise reply to the Appellant on 25.09.2023 stating as under:
Item no 1: UTS mobile application has provision to display upcoming trains in the next 2/4 hour at respective station for information and guidance of passengers. It displays all types of trains which have unreserved coaches so that the passenger can choose the train type for booking and boarding. On 19th November 2022, Antyodaya SF Express (Train no 20691) was displayed in the upcoming train on the UTS on mobile App. But upcoming train does not entitle a passenger to board that train unless he/ she has a valid ticket for that particular train.
Item no 2: Train no 20691 Antyodaya Super fast Express was not mapped in UTS on mobile application on 19.11.2022 and was enabled on 13.03.2023. The disclaimer has been added on 22.09.2023 in UTS on mobile application. The train no. 20691 is Antyodaya Superfast Express for which the cost of the ticket from Tiruchchirappalli Jn (TPJ) to Tirunelveli Jn (TEN) for an adult passenger without any concession is Rs
145. However, the cost of the ticket for a Superfast train between the same pair of station is Rs 130 and for a Mail /Express train, it is Rs 115.
As on 19.11.2022, the UTS on Mobile App had provision for booking Page 2 of 7 Mail/Express and super-fast trains only. The applicant in this case booked a ticket for Mail/Express train and boarded special superfast train which was Antyodaya super-fast.
Item no 3: Assessment and Internal evaluation of UTS on Mobile App is a continuous process based on user feedback. No Audit has been conducted to ascertain the accuracy and effectiveness of communication within the UTS App.
Item no 4: A disclaimer has been provided on 22.09.2023 in UTS on Mobile APP.
Being dissatisfied, the appellant filed a First Appeal dated 07.10.2023. The FAA vide its order dated 31.10.2023, held as under.
"Please refer to your online appeal with Registration No. CFRIS/A/E/23/00037 dated 07.10.2023 with reference to your RTI request Registration No. CFRIS/R/E/23/000443 dated 31.08.2023 under the Right to Information Act, 2005 on the grounds of details not provided.
2. The Appellate Authority has gone through your RTI appeal and observed that the reply provided by this office on 25.09.2023 was appropriate and in order. However it is clarified that functionality, content and features available in the UTS app re very much visible and available on app which itself is a digital evidence but it will incorporate changes from time to time based the available data of trains on the date it is being viewed by a user.
If you are not satisfied with the reply, you can file 2nd appeal to Hon'ble Central Information Commission as prescribed in the RTI Act."
CIC/CFRIS/A/2024/602284 Relevant facts emerging from appeal:
RTI application filed on : 31.10.2023 CPIO replied on : 28.11.2023 First appeal filed on : 29.11.2023
First Appellate Authority's order : 23.01.2024 2nd Appeal/Complaint dated : 15.01.2024 Page 3 of 7 Information sought:
The Appellant filed an RTI application (online) dated 31.10.2023 seeking the following information:
1. Need document proof of leer/ railway rules copy/Railway Board Circulars to support the response provided, But upcoming train displayed in UTS app, does not entitle a passenger to board that train unless he/ she has a valid ticket for that particular train.
2. Under which railway rules this response has been provided for mentioning of upcoming train displayed in UTS app, does not entitle a passenger to board that train ? Please provide copy.
3. Does CRIS has authority to provide responses to public without references to Railway rules/Circulars/Internal leer?
4. Has public been made aware that upcoming train displayed in UTS app, does not entitle a passenger to board that train, If yes, please provide copy of display from railway website or notification made in prominent newspaper on the same?
5. Is the disclaimer made in UTS app, upcoming train displayed in UTS app, does not entitle a passenger to board that train was available prior to 19-N, Kindly provide the information under RTI Act 2005 for each 5 points separately.
The CPIO furnished point-wise reply to the Appellant on 28.11.2023 stating as under:
Item no 1: All rules applicable on counter tickets are also applicable on UTSonMobile app. A passenger holding a counter ticket for a particular type of train is authorized to board that type of train only, although there is a display of all the upcoming trains in the display Board at the station. Similarly, displaying the trains in UTSonMobile App does not entitle the passenger to board the same unless the passenger is having a valid ticket for that train.
Item no 2: Copy of section 49, 50, and 138 of the Indian Railway Act is enclosed for your information as a PDF attachment.
Item no 3: CRIS is a part of Indian Railways and has the authority to provide responses to the public on matters pertaining to them.Page 4 of 7
Item no 4: Rules related to the carriage of passengers are contained in the Indian Railway Act 1989, which is available in the public domain. Every citizen is supposed to know the law of the land. Ignorance of the law is no excuse.
A disclaimer has also been provided on 21st September 2023 in the UTSonMobile app to enable passengers to verify that the train appearing in the next upcoming trains for fare and validity before booking and boarding the train to avoid inconvenience and penalty.
Item no 5: No, it was not available prior to 19th November 2022. The disclaimer on the same has been provided on 21st September 2023.
Being dissatisfied, the appellant filed a First Appeal dated 29.11.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeals.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video-Conference. Respondent: Ms. Madhu Smita Patra, General Manager and CPIO, Shri Sumit, Principal Project Engineer, PPE and Shri Amit Kant, Assistant Manager, all present in person.
Written submissions of the Respondent are taken on record.
The Appellant, during the hearing, reiterated the contents of his above- mentioned RTI applications and instant appeals and submitted that till date complete and correct information has not been provided to him by the Respondent. The Appellant added that directions should be given to the Respondent to provide correct information on point Nos. 1 and 4 of his above- mentioned RTI applications.
The Respondent while defending their case inter alia submitted that complete point-wise reply/information, as per the documents available on their record has been provided to the Appellant as per his above-mentioned RTI applications.Page 5 of 7
Upon being queried by the Commission, the Respondent stated orally that CRIS follows Railway Board's Rules with reference to queries in the RTI applications.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant is aggrieved that complete and correct information on point Nos. 1 and 4 of his above-mentioned RTI applications. The Commission observes that the Respondent has not provided clear response to the Appellant.
During the hearing, the Respondent has agreed to provide revised reply to the Appellant on point Nos. 1 and 4 of his above-mentioned RTI applications.
In view of the above, the Respondent is directed re-examine point Nos. 1 and 4 of above-mentioned RTI applications and give revised reply/information to the Appellant, within a period of two weeks from the date of receipt of this order.
The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 6 of 7 Copy To:
The FAA Centre for Railway Information Systems Opp. Safdarjung Railway Station Chankyapuri, New Delhi-110021 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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