Central Information Commission
A Anand vs Eastern Railway (Kolkata) on 16 November, 2020
CIC/ERAIL/A/2018/637121
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीयअपीलसं या / Second Appeal No. CIC/ERAIL/A/2018/637121
In the matter of:
A Anand ... अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादीगण /Respondent
/DY. CVO -Engg. Eastern
Railway, Vigilance Department,
Kolkata
Relevant dates emerging from the appeal:
RTI : 12.06.2018 FA : 08.08.2018 SA : 14.12.2018
CPIO : 25.06.2018 FAO : 14.09.2018 Hearing : 11.11.2020
The following were present:
Appellant: Shri A. Anand participated in the hearing on being contacted on his
telephone.
Respondent: Shri Vinod Pandey, representative of CPIO and Vigilance Officer,
Eastern Railway participated in the hearing on being contacted on his telephone.
Page 1 of 5
CIC/ERAIL/A/2018/637121
ORDER
Information sought:
The Appellant filed an RTI Application dated 12.06.2018, seeking information pertaining to a complaint dated 09.06.2018, addressed to the Eastern Railway, Kolkata regarding the violation of provisions of Noise Pollution (Regulation and Control) Rules, 2000 in the SILENCE ZONE of Eastern Railway Middle School No.2, Jamalpur (Distt-Munger, Bihar) by Illegal use & playing of Loud Music/Music from DJ/Loud Speaker/sound amplifiers/ Pre-Recorded Music/Sound Generating Devices/ & use of Firecrackers in unauthorized/illegal Marriage Banquet Halls/Marriage Palace, situated in the SILENCE ZONE of Eastern Railway Middle School No.2, Jamalpur through the following six points:
1. Provide the copies of complete information together with all related file-notings/ correspondence/documents etc related with action taken on appellant's aforesaid complaint from the date of receiving his said complaint by railway dept. till date.
2. Responsibilities & duties of railway dept., Headmaster of said Eastern Railway Middle School No.2, Jamalpur in connection with the violation of provisions of Noise Pollution (Regulation and Control) Rules, 2000 & playing of sound, use of firecrackers against the provisions of Noise Pollution (Regulation and Control) Rules, 2000 in the SILENCE ZONE of said Eastern Railway Middle School No.2.
3. Provide the details reasons for not taking any action by railway dept. for last more than 10 years against aforesaid unauthorized/illegal Marriage Banquet Halls /Marriage Palace situated in the SILENCE ZONE.
4. Power & authorities of railway dept. against aforesaid unauthorized/illegal Marriage Banquet Halls /Marriage Palace for violating the various provisions of Noise Pollution (Regulation and Control) Rules, 2000 in the SILENCE ZONE of said Eastern Railway Middle School No.2.
5. Do the railway dept. is afraid of taking action against aforesaid unauthorized/illegal Marriage Banquet Halls /Marriage Palace for violating the various provisions of Noise Pollution (Regulation and Control) Rules, 2000 in the SILENCE ZONE of said Eastern Railway Middle School No.2 as the owner of said Marriage hall -Rajesh Mandal is History Sheeter
6. File-notings on the movement of this RTI application through 6 points.Page 2 of 5
CIC/ERAIL/A/2018/637121 The CPIO vide letter dated 25.06.2018 informed the Appellant that the averred complaint dated 09.06.2018 has not been received in GM/VIG/ER. Being dissatisfied, the Appellant filed a First Appeal dated 08.08.2018. The First Appellate Authority vide order dated 14.09.2018 upheld the reply of Dy. CVO (E)/Eastern Railway and also enclosed a copy of the said reply.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the RTI Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide the information sought for and also to take penal action against the concerned CPIO.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that no information has been provided by the Respondent.
The Respondent submitted that the averred complaint dated 09.06.2018 has not been received by them. He further submitted that the Respondent public authority is not the custodian of the information regarding noise pollution.
The Appellant interjected to state that the aforesaid complaint dated 09.06.2018 was sent to DGM, Vigilance, Eastern Railway, Kolkata and the averment of the Respondent does not hold water in toto. He requested the Commission to direct the Respondent to file an affidavit to this effect so that he can take appropriate action as per the laws for the time being in force.Page 3 of 5
CIC/ERAIL/A/2018/637121 Decision Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent has categorically submitted that the complaint dated 09.06.2018 has not been received by them, whereas the Appellant is contesting the same. In order to allay the apprehensions of the Appellant, the present CPIO is directed to file an appropriate affidavit stating the factum of non-receipt of the aforesaid complaint dated 09.06.2018. The said affidavit shall be sent to the Commission and a copy of the same shall be endorsed to the Appellant, within 15 days from the date of receipt of this order.
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: 11.11.2020 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 4 of 5 CIC/ERAIL/A/2018/637121 Addresses of the parties:
1. The First Appellate Authority (FAA) /AGM, Eastern Railway, 17-Netaji Subhas Road, Kolkata-700001
2. The Central Public Information Officer (CPIO) /Dy. CVO -Engg. Eastern Railway, Vigilance Department, 17- Netaji Subhas Road, Kolkata-700001
3. Shri A Anand Page 5 of 5