Central Information Commission
Subhas Chatterjee 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/2021/155249-UM
Mr.Subhas Chatterjee
....अपीलकताा/Appellant
VERSUS
बनाम
CPIO
The CPIO/ Nodal Officer (RTI Cell)
CHITTARANJAN LOCOMOTIVE WORKS,
CHITTARANJAN-713331
प्रद्वतवादीगण /Respondent
Date of Hearing : 22.12.2022
Date of Decision : 26.12.2022
Date of RTI application 04.09.2021
CPIO's response 04.10.2021
Date of the First Appeal 04.10.2021
First Appellate Authority's response 09.11.2021
Date of diarized receipt of Appeal by the Commission 22.12.2021
ORDER
FACTS The Appellant vide RTI application sought information, as under:-
1. Certified copy of my evaluated OMR sheet exam held on 03.04.2021.
2. Certified copy of performance exam Tally Sheet along with S. R. marks obtained by the qualified candidates.Page 1 of 3
The Dy. CPO (W) & CPIO vide letter dated 04.10.2021, 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 09.11.2021, informed the Appellant that "The information has been aptly provided by the CPIO".
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 SK Maity Dy. CPIO Chitranjan Locomotive, Present through VC 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 Page 2 of 3 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)
(Information Commissioner) (सच ु )
ू ना आयक्त
Authenticated true copy
(अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत)
(R. K. Rao) (आर.के . राव)
(Dy. Registrar) (उप-पंजीयक)
011-26182598
द्वदनांक / Date: 26.12.2022
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