Central Information Commission
Nagbanshi Sharma vs North Eastern Railway (Gorakhpur) on 23 January, 2019
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/NERLG/A/2017/137454/SD
Nagbanshi Sharma ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
North Eastern Railway
DRM's Office,
Divisional office Road,
Old Loco Colony, Shivpurwa,
Varanasi - 221002. .... ितवादीगण /Respondent
RTI application filed on : 15/12/2016
CPIO replied on : 09/01/2017
First appeal filed on : 17/01/2017
First Appellate Authority order : Not on record
Second Appeal dated : 01/04/2017
Date of Hearing : 09/01/2019
Date of Decision : 17/01/2019
Information sought:
The Appellant sought information regarding Train no. 12792 operating from Danapur to Nagpur on 12.12.2016, number of RAC passengers in the train, number of waitlisted passengers in S 3 and S 5 coach, procedure of confirmation of waitlisted tickets etc. Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-1
Appellant: Present through VC.
Respondent: Basant Rai, Sr. EDPM & Nodal PIO, North Eastern Railway, DRM's Office, Shivpurwa, Varanasi present through VC.
Appellant stated that after he was intimated about the inappropriate IPO vide CPIO's reply dated 09.01.2017; he had sent a rectified IPO on 23.01.2017 but has not received any reply from the PIO till date.
PIO submitted that upon receipt of the rectified IPO, the grievance of the Appellant was taken up with Secunderabad Head Office and in that course the RTI Application was forwarded to them under intimation to the Appellant as that office was in-charge of the chart preparation for the relevant train.
Decision Commission observes from the perusal of facts on record that information sought vide para 3 of the RTI Application is outside the purview of Section 2(f) of the RTI Act as Appellant has sought for clarifications based on speculative query.
Now, since the prescribed time period for providing the information has already elapsed by approximately 2 years, Commission is not inclined to reschedule another hearing in the matter seeking the presence of concerned CPIO of Secunderabad HO and cause further anguish to the Appellant.
Basant Rai, Sr. EDPM & Nodal PIO is hereby directed to procure available and relevant information sought at paras 1 and 2 of the RTI Application from the concerned CPIO in Secunderabad HO and provide the same to the Appellant. Since it is understood that train time table charts are not preserved for longer period of time; in the event, relevant records of the subject matter under reference have been weeded out, Basant Rai, Sr. EDPM & Nodal PIO is directed to procure a copy of specific record retention schedule for such records and provide the same to the Appellant.
The aforesaid information should be provided free of cost to the Appellant within 30 days from the date of receipt of this order and a compliance report to this effect shall be duly sent to the Commission by the PIO.2
File No : CIC/NERLG/A/2017/137454/SD The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा) Information Commissioner (सूचना आयु ) Authenticated true copy (अ भ मा णतस या पत त) Haro Prasad Sen (हरो सादसेन) Dy. Registrar (उप-पंजीयक) 011-26106140/ [email protected] दनांक / Date Signature Not Verified Digitally signed by User Date: 2019.01.25 12:14:10 IST 3