Central Information Commission
Daya Shankar Pandey vs Ministry Of Railways on 30 September, 2020
CIC/MORLY/A/2018/169699
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No.CIC/MORLY/A/2018/169699
In the matter of:
Daya Shankar Pandey ... अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Ministry of Railway,
Railway Board, RTI Cell,
(Registration & Coordination),
Room No. 507, 5th Floor,
Rail Bhawan,
New Delhi - 110 001 ... ितवादीगण /Respondent
Relevant dates emerging from the appeal:
RTI : 13.08.2018 FA : 24.09.2018 SA : 28.11.2018
CPIO : 07.09.2020 &
FAO : Not on record Hearing : 24.09.2020
15.09.2020
The following were present:
Appellant: Shri Dayashankar Pandey, heard over the phone.
Respondent: Shri O.N. Sharma, Director C.E., Railway Board and Shri Rakesh
Kumar, DD (PG), Railway Board, heard over the phone.
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CIC/MORLY/A/2018/169699
ORDER
Information Sought:
The appellant filed an RTI application (addressed to CPIO, Ministry of Railway, New Delhi) on 13.08.2018 and sought information on three points pertaining to the action taken on his representation dated 02.07.2016 03.04.2018 and 10.07.2018 (subject: - request for the construction of RUB at Chakmarg no. 86 near Village Chakbasina, Amethi), addressed to the then Railway Minister, Government of India.
The CPIO vide letter dated 15.09.2020 alongwith letter dated 07.09.2020 (Dy. C.E., Northern Railway) responded to the RTI application and furnished the available information to the Appellant. Alleging not to have received any information from the CPIO, the Appellant filed first appeal dated 24.09.2018. FAA's Order, if any, is not available on record.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the Act on the ground of non-receipt of information by the respondent.He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant reiterated the contents of RTI application and submitted that no reply was received by him except the reply dated 15.09.2020 which he received from the CPIO on 23.09.2020, only after the scheduling of hearing of second appeal. He requested the Commission to initiate necessary action against the CPIO Page 2 of 6 CIC/MORLY/A/2018/169699 for not giving reply within the stipulated time as per the RTI Act. In response to a query regarding the matter mentioned in the two representations dated 03.04.2018 and 10.07.2018, the Appellant answered that these representations were merely reminder letters to the previous representation dated 02.07.2016.
Per contra, Respondent (Shri O.N. Sharma) relied on his written submissions and submitted that RTI application was received by its office on 08.10.2018 and it was transferred to the Director CE (B & S) -2, Railway Board on 10.10.2018. He further submitted that Shri Subodh Kumar, then Director CE (B & S)-2, Railway Board disposed of the RTI application on 12.03.2019. The Respondent apprised that PIO for the subject in Railway Board was Director (B & S)-2, but now this post is not operational after cadre restructuring since April, 2020. The post of Director (B & S)- 2 was abolished and after that the RTI cases are looked after by Director (B & S), Railway Board since 01.05.2020. The Respondent further submitted that information as regards to the action taken on Appellant's representation dated 02.07.2016, the said representation was forwarded to the Principal Chief Engineer, Northern Railway on 06.01.2017 and the reply in this regard was received from the Dy. CE, Northern Railway on 07.09.2020. The Dy. CE/ROB, Northern Railway in its letter dated 07.09.2020 informed the Appellant that no consent (which is pre condition for the construction of RUB) was received from the concerned State Government. The Respondent stated that the said information has been resent to the Appellant vide letter dated 15.09.2020, along with Northern Railway's letter dated 07.09.2020.
On query regarding the delay in disposal of RTI application, Shri Rakesh Kumar (Respondent) submitted that the RTI application was transferred/ marked well in time on 10.10.2018 to Director CE (B & S) -2, Railway Board. However, the RTI was disposed and marked by Director CE (B & S) -2, Railway Board on Page 3 of 6 CIC/MORLY/A/2018/169699 12.03.2019. However, no cogent reply was given by the Respondent (Shri O N Sharma) for causing delay in giving reply to the Appellant.
Upon Commission's instance, Respondent submitted that no first appeal of the Appellant in the instant matter was received in its office.
A written submission dated 15.9.2020, filed by Shri O.N. Sharma, Director CE (B &S), Railway Board, was taken on record.
A written submission dated 07.09.2020, filed by Mohd. Isha, Dy. CE/ROB, Northern Railway, was taken on record.
Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, observes that requisite information was furnished by the Respondent to the Appellant vide letters dated 15.09.2020 and 07.09.2020 respectively. However, there has been considerable delay in replying to the RTI application, which is in violation of the provision of the RTI. The Commission takes a very serious note of this lapse and directs the Registry of this Bench to issue a Show Cause Notice to Shri Subodh Kumar, the then CPIO & Director CE (B & S) -2, Railway Board, New Delhi for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him for causing unnecessary delay in disposal of RTI application in question.Page 4 of 6
CIC/MORLY/A/2018/169699 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 24.09.2020 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) :
Ministry of Railway, Railway Board, RTI Cell, (Registration & Coordination), Room No. 507, 5th Floor, Rail Bhawan, New Delhi - 110 001 FAA: To ensure that the copy of order is served upon the then CPIO, Shri Subodh Kumar.Page 5 of 6
CIC/MORLY/A/2018/169699
2. The Central Public Information Officer Ministry of Railway, Railway Board, RTI Cell, (Registration & Coordination), Room No. 507, 5th Floor, Rail Bhawan, New Delhi - 110 001
3. Mr. Daya Shankar Pandey Page 6 of 6