Central Information Commission
Ashish Anil Dighekar vs Ministry Of Railways (Railway Board) on 28 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/MORLY/A/2023/620859 & CIC/MORLY/A/2023/618686.
A 1. Ashish Anil Dighekar
A 2. Mohd Rafiullah Khan .....अपीलकर्ाग /Appellants
VERSUS
बनाम
PIO,
Railway Recruitment Board,
Mumbai, Divisional Office
Compound, Mumbai Central - 400202 ....प्रनर्वािीगण /Respondent
Date of Hearing : 26.06.2024
Date of Decision : 27.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Note - The above-mentioned Appeals of the appellant have been clubbed
together for decision as these are based on similar RTI applications.
Relevant facts emerging from appeals:
RTI application filed on : 30.12.2022, 03.01.2023
CPIO replied on : 23.01.2023, 27.01.2023
First appeal filed on : 23.01.2023, 27.01.2023
First Appellate Authority's order : 23.02.2023, 27.02.2023
2nd Appeal/Complaint dated : 26.04.2023, 16.03.2023
Page 1 of 6
CIC/MORLY/A/2023/620859
Information sought:
The Appellant (A 1) filed an RTI application dated 30.12.2022 seeking the following information:
"Please Show my Typing Response Sheet of RRB NTPC 01/2019. (Level 5 & Level 2) Name - Ashish Anil Dighekar Roll No-241194300431009 Reg No-2410496732 DOB-20/06/1995"
The CPIO furnished a reply to the Appellant on 23.01.2023 stating as under:
"In respect of CEN 01/2019 NTPC, it is mentioned that the selection process is not yet completed. Hence, the Response sheet of typing skill test (CBTST copy) cannot be provided at this stage."
Being dissatisfied, the appellant filed a First Appeal dated 23.01.2023. The FAA vide its order dated 23.02.2023, upheld the reply of CPIO. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the following grounds-
"I had requested for response sheet of the CBTST exam (Typing skill test) held on 12.08.2022 but the same has been denied to me by the concerned PIO stating, "the selection process is not yet completed. Hence, the number of mistakes, keystrokes, typing speed and response sheet of typing skill test cannot be provided at this stage." The response sheet of typing skill test has been provided by RRB, Chandigarh zone to the concerned candidates in response to their RTI Application then why it s not being provided by Mumbai zone. As, it is a matter affecting the future of a genuine student, it is requested to kindly direct the concerned PIO to provide the requisite information under RTI Act..."
CIC/MORLY/A/2023/618686 Information sought:
The Appellant (A 2) filed an RTI application dated 03.01.2023 seeking the following information:Page 2 of 6
"DEAR SIR I HAD APPEARED FOR NTPC TYPING TEST OF LEVEL 5 AND LEVEL 2. I HAD PRESSED 1867 KEYSTROKES WITH GOOD ACCURACY BUT STILL I HAD DISQUALIFIED WHICH IS UNBELIEVABLE.I AM NOT SATISFIED WITH THIS RESULT OF TYPING TEST OF MINE SO PLEASE RECHECK MY RESPONSE SHEET AND SHOW MY ORIGINAL RESPONSE SHEET. MY NAME IS MOHD RAFIULLAH KHAN MY ROLL NO. IS 241194170931131 MY REGISTRATION NO. IS 2410546082 MY D.O.B. IS 10/01/1996."
The CPIO furnished a reply to the Appellant on 27.01.2023 stating as under:
"In respect of CEN 01/2019 NTPC, it is mentioned that the selection process is not yet completed. Hence, the response sheet of typing test (CBTST copy) cannot be provided at this stage."
Being dissatisfied, the appellant filed a First Appeal dated 27.01.2023. The FAA vide its order dated 27.02.2023, upheld the reply of CPIO. Relevant Facts emerged during Hearing:
The following were present:-
Appellants: Not present.
Respondent: Shri Avinash Mohan, Assistant Secretary/ APIO present through video-conference.
Written submissions dated 19.06.2024 filed by the Respondent are taken on record. He invited attention of the Commission towards the contents of his written submission, extracts of which (case-wise) are reproduced below for the sake of clarity -
CIC/MORLY/A/2023/620859- "...Shri Ashish Anil Dighekar vide his application dated 30.12.2022 had request for information related to CEN No.01.2019 (NTPC) under RTI provisions, which was replied by the CPIO Railway Recruitment Board Mumbai vide this office online that selection process is not yet completed. Hence the response sheet of typing skill test cannot be provided at this stage on 23.01.2023 (Copy enclosed).Page 3 of 6
Not satisfied with the reply against captioned RTI Shri Ashish Anil Dighekar filed first appeal vide his letter dated 23/01/2023. Decision on his appeal was communicated by the Chairman & Appellate Authority Railway Recruitment Board Mumbai vide this office letter No. RRB/MB/RTI/280/2022/01647/00036 dated 23/02/2023 (copy enclosed) standing that the reply by the CPIO vide letter dated 23/01/2023 stands good. However, it is reiterated that the information sought by you cannot be provided at this stage.
However, after the selection process was over, immediately & suo-moto this office has sent response sheet of Computer Based Typing skill Test (CBTST), along with question passage and formula of evaluation of CBTST to candidate vide this office letter No.RRB/MB/RTI/280/2023/ 01647/00036 dated 04.05.2023 on his register mail ID. (Copy enclosed.). Once again all documents are sent to applicant which are enclosed herewith.
His roll number was selected and recommended for provisionally appointment on Western Railway for Cat No.5 and result was issued on 21.08.2023. (copy enclosed) In view of above, it is requested to dispose off the case as applicant has received all required documents as per his RTI application." CIC/MORLY/A/2023/618686-
"Shri Mohd Rafiullah Khan, vide his application dated 03.01.2023 had request for information related to CEN No.01.2019 (NTPC) under RTI provisions, which was replied by the CPIO Railway Recruitment Board Mumbai vide this office online that selection process is not yet completed. Hence the response sheet of typing skill test cannot be provided at this stage on 27.01.2023 (Copy enclosed). However, against yet another RTI the required information was reapplied.
Not satisfied with the reply against captioned RTI Shri Mohd Rafiullah Khan filed first appeal vide his letter dated 27/01/2023. Decision on his appeal was communicated by the Chairman & Appellate Authority Railway Recruitment Board Mumbai vide this office letter No. RRB/MB/RTI/280/2023/00193/00067&00443/00088800443/00089 dated 27/02/2023 (copy enclosed) standing that the reply by the CPIO vide letter dated 25/01/2023 stands good. However, it is reiterated that the information sought by you cannot be provided at this stage.Page 4 of 6
Shri Mohd Rafiullah Khan vide yet another RTI application No. RRBMU/R/E/23/00412 dated 12.01.2023, which was replied by the CPIO on 06.02.2023 (copy enclosed) and first appeal No. RRBMU/A/E/23/00102 dated 26.02.2023. Appeal was by the Chairman & Appellate Authority Railway Recruitment Board Mumbai vide this office letter No. RRB/MB/RTI/280/2023/00412/00102 dated 04/05/2023 (copy enclosed), wherein full information maintain by the applicant was given through RTI portal. Once again all documents are sent to applicant which are enclosed herewith.
In view of above, it is requested to dispose off the case as applicant has received all required documents as per his RTI application."
Decision:
The Commission after adverting to the facts and circumstances of the case, and perusal of the records, finds no infirmity in the reply of the Respondent, as the same was found to be in consonance with the provisions of the RTI Act. Further, the Appellants neither appeared during the hearing to controvert the submissions of the Respondent nor filed any written submissions to agitate the matter further.
Intervention of the Commission is not warranted in the matters.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 6 Copy To:
THE FAA, RRB MUMBAI, DIVISIONAL OFFICE COMPUND, MUMBAI CENTRAL, MUMBAI - 400202 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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