Central Information Commission
N Mohan vs Southern Railway on 23 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/SORLY/A/2023/656904
N Mohan .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Southern Railway, HQ Office,
4th Floor, Annexe Building,
Park Town, Chennai - 600003 .... ितवादीगण /Respondent
Date of Hearing : 07.04.2025
Date of Decision : 23.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 13.08.2023
CPIO replied on : 11.09.2023
First appeal filed on : 26.09.2023
First Appellate Authority's order : 18.10.2023
2nd Appeal/Complaint dated : Nil
Information sought:
The Appellant filed an RTI application (online) dated 13.08.2023 seeking the following information:Page 1 of 6
"We are here with attaching Southern Railway official foundation stone fixed on 4th December 2013 at Nagercoil Town (NIT) Railway station. This function was participated by Shri Rakesh Misra General Manager Southern Railway, Divisional Railway Manager, Shri Rajesh Agarwal Trivandrum Division. It was indicated in the foundation stone that all trains serving Nagercoil station would stop at Nagercoil Town Railway station. In this regard.
1. Is there any proposal received from any quarters or any elected representatives regarding stoppage of any train/trains at Nagercoil Town and any such proposal has been implemented. If so, please provide complete the details of the same.
2. Is there any proposal received from elected representatives for additional stoppage of trains in Kerala state in Trivandrum Division and implemented new stoppage given past one year till date.
3. Is there any possibility of giving stoppages trains passing through Nagercoil Town Railway station as per assurance given by the General Manager, Southern Railway and Divisional Railway Manager in 2013 as per attachment given in this RTI.
4. Please state the reason for not allowing the stoppage for trains catering the Nagercoil Town Railway station. When the trains stop at much lower revenue generating stations such as Palliyadi, Kulitturai West, Dhanuvachapuram, Trivandrum Pettai, Kazkuttam, Sasthankottai, Paravur etc. and much higher revenue generating stations namely Nagercoil Town Railway station is not allowed stoppage of the trains catering to Nagercoil city people."
The CPIO furnished a reply to the Appellant on 11.09.2023 stating as under:
"1. Hon'ble MP Shri Vijay Vasanth has sent a representation for stoppage of Train No. 16366 at Nagercoil Town. Hon'ble MLA Shri. M.R. Gandhi has sent a representation for stoppage of Train No's. 16649 & 16526 at Nagercoil Town. Shri. N.K. Vallikannu from Nagercoil has sent a representation for stoppage of Train No's. 16366, 16649, 16730 & 06639/06640 at Nagercoil Town.
2. The information sought is not maintained / compiled as desired by the applicant and compilation of the information sought would result in disproportionate diversion of resources. Hence disclosure of the same is Page 2 of 6 exempted under section 7(9) of the RTI Act However whatever the new stoppages implemented by Southern Railway has been published the below mentioned public domain.
https://sr.indianrailways.gov.in/view_section.jsp? fontColor=black&backgroundColor-LIGHT STEELBLUE&lang=0&id=0,4,268
3. The information sought by you is not exactly a query for information as defined in Section 2(f) of the Right to Information Act 2005, but in the manner of seeking a response to speculations and does not come under the purview of RTI Act 2002.
4. As per section 2(f) of the RTI Act, "information" is defined as any material in any form, including records, documents, memos, e-mails, opinions. advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. The information sought by you is not exactly a query for information as defined in Section 2(f) of the Right to Information Act and furnishing of reasons does not come under the purview of RTI Act."
Being dissatisfied, the appellant filed a First Appeal dated 26.09.2023. The FAA vide its order dated 18.10.2023, held as under.
"The question referred to in the original RTI at S.No.3 is 'Is there any possibility of giving stoppages trains passing through Nagercoil Town Railway station as per assurance given by the General Manager, Southern Railway and Divisional Railway Manager in 2013 as per attachment given in this RTI'.
Under RTI act asking for 'any possibility' of an event cannot be answered under the terms of the act. Since it does not translate as "information". A Plaque placed on the venue of an Inauguration does not in any manner constitute an assurance or a statement of policy or any sort of complete information. In this instance case, the plaque at the station is being inaugurated where the trains which have to bypass Nagercoil Junction, would be provided a halt for the Nagercoil bound passenger at this station. The purpose of plaque is to inform the public that this station serves the travelling public of Nagercoil and in no manner gives any assurance that all trains stopping at Nagercoil Junction would stop at this station.Page 3 of 6
The information sought by way "possibility" certainly does not come under the definition of query for information as defined in section 2(f). This disposes your appeal dated 26.09.2023 under Right to information Act."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Shri Prabhakar, Dy. Chief Operation Manager/CPIO, appeared through video conference.
The respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 01.04.2025 disclosing complete facts of the case and requested the Commission to place the same on record. The relevant paras of the written submission are reproduced as under:
"With reference to the Hon'ble CIC/New Delhi's file cited regarding RTI application filed by Shri. N. Mohan dated 13.08.2023 and subsequent appeal by the same party, the following remarks are furnished:
In the original RTI application dated 13.08.2023, the applicant sought Information vide query No. 3 the following:
"Is there any possibility of giving stoppages trains passing through Nagercoil Town Railway station as per assurance given by the General Manager, Southern Railway and Divisional Railway Manager in 2013 as per attachment given in this RTI?"
The PIO (DY.COM/Chg-I/S.R) vide letter No.T.308/RIA/TT/TVC dated 11.09.2023 replied that the information sought by the applicant vide Query No 3 did not confine to the contents of Section 2(f) of the RTI Act, 2005.
Subsequently, the RTI applicant filed an appeal under letter dated.26.09.2023, seeking information on Query 3 again and also stating that the PIO's reply was evasive, cunning and not straight forward.
Page 4 of 6The above appeal was replied to by the Appellate Authority (CPTM/S.R) vide letter dated 18.10.2023, confirming the stand taken by the PIO, clearly stating that the information sought by way of 'possibility' did not come under the definition of query of Information as defined under Section 2(f) of RTI Act, 2005.
Given the above, It is to be stated that as replied by the PIO vide letter dated 11.09.2025 and the Appellate Authority vide letter dated 18.10.2023, the Query No. 3 of the applicant is in the manner of seeking response to speculation and thus does not come under the purview of 2(f) RTI Act, 2005. Further seeking information on any possibility of event could not be replied to, under the terms of RTI Act, 2005.
It is submitted to the Hon'ble CIC that the provision of stoppages of trains comes under the purview of Railway Board, New Delhi and stoppings are proposed based on Commercial demand and Operational feasibility.
Nagercoil Town is a Railway Station situated on the Nagercoil Junction- Trivandrum Section, 5.04 Km away from Nagercoil Junction and in the Tirunelveli Junction-Trivandrum Section on the Nagercoil Bypass Line. All Express trains and Passenger trains in the Nagercoil Junction-Trivandrum Section are provided with stopping at Nagercoil Junction. All Express trains and Passenger trains in the Tirunelveli Junction-Trivandrum Section on the Nagercoil Bypass Line are provided with stopping at Nagercoil Town. It is to be kindly noted that all trains operated in the route are provided with stoppings either at Nagercoil Junction or at Nagercoil Town. The list of trains stopping at Nagercoil Town is enclosed herewith.
Therefore, a prayer is submitted before the Hon'ble CIC that the subject RTIA case be kindly examined on the above lines and disposed accordingly."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, noted that the appellant sought information regarding train stoppages at Nagercoil Town Railway Station, including representations made by elected representatives, the possibility of implementing assurances made during the 2013 inauguration, and comparisons with stoppages at nearby lower-revenue stations.Page 5 of 6
The respondent clarified that all trains on the Nagercoil-Trivandrum route halt either at Nagercoil Junction or Nagercoil Town, depending on the operational line. It was also clarified that decisions on stoppages are under the Railway Board's purview and are guided by commercial demand and operational feasibility. The appellant did not appear before the Commission despite notice and in his absence, the submissions made by the respondent remain uncontroverted.
In view of the above, the Commission finds that an appropriate reply has been given by the respondent and interference of the Commission is not warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
THE F.A.A, Southern Railway, HQ Office, 4th Floor, Annexe Building, Park Town, Chennai - 600003 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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