Indian Kanoon - Search engine for Indian Law

Central Information Commission

Pradip Kumar Biswas vs Ministry Of Railways (Railway Board) on 26 December, 2022

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                       के न्द्रीयसच
                                                  ू नाआयोग
                             Central Information Commission
                                     बाबागंगनाथमागग,मुननरका
                             Baba Gangnath Marg, Munirka
                               नईनिल्ली, New Delhi - 110067

द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/MORLY/A/2021/154632 -UM

Mr. Pradip Kumar Biswas

                                                                       ....अपीलकताा/Appellant

                                            VERSUS
                                              बनाम

   CPIO
   Dy. Chief Personnel Officer
   Chittaranjan Locomotive Works,
   Administrative Building, PO Chittaranjan,
   Asansol, West Bengal- 713331

                                                                       प्रद्वतवादीगण /Respondent

Date of Hearing      :              22.12.2022
Date of Decision     :              26.12.2022



Date of RTI application                                               07.09.2021
CPIO's response                                                       05.10.2021
Date of the First Appeal                                              21.10.2021
First Appellate Authority's response                                  12.11.2021
Date of diarized receipt of Appeal by the Commission                  17.12.2021

                                           ORDER

FACTS The Appellant vide RTI application sought information, as under:-

The Dy. CPO (W) & CPIO vide letter dated 05.10.2021, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated 12.11.2021, informed the Appellant that the "CPIO has aptly provided the information".

Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Present through VC Respondent: Mr. S.K Maity Dy. CPO Chitranjan Locomotive, Present through VC The Appellant while reiterating the contents of the RTI Application submitted that no information has been furnished to him. He alleged that the administration is refraining from disclosing the information sought by him to hide all the irregularities conducted by them in the aforesaid exam.

The Respondent in reply stated that the process of selection is yet not complete. Hence he said he can only share the current status report.

The Appellant contradicted and said the Respondent is giving false information as the JE's selected in the aforesaid exam are posted and are even getting all the benefits of the post.

The Respondent reiterated that the selection process is yet pending and further assured to furnish the information as soon as the process is complete.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that information cannot be held back for an unending period. Therefore the Commission directs the CPIO to furnish a correct , point wise and complete reply to the Appellant, protecting the provisions of Section 8 of the RTI Act, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 45 days from the receipt of this order under the intimation to the Commission.

The Appeal stands disposed accordingly.

(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 द्वदनांक / Date: 26.12.2022 Page 3 of 3