Central Information Commission
Shankar Poddar vs Railway Board on 20 August, 2020
CIC/RAILB/A/2018/166903
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/RAILB/A/2018/166903
In the matter of:
Shankar Poddar ... अपीलकता/Appellant
VERSUS
बनाम
CPIO , ... ितवादीगण /Respondents
& DDE(REP)-II,
Ministry of Railway,
Railway Board, RTI CELL,
(Registration & Coordination),
Room No. 507, 5th Floor,
Rail Bhawan,
New Delhi - 110 001
General Manager (P),
South Eastern Railway,
Garden reach Road, Kolkata,
PIN- 700043.
CPIO-37 & JD/E(N)
Ministry of Railway,
Railway Board
Rail Bhawan,
New Delhi - 110 001
Page 1 of 6
CIC/RAILB/A/2018/166903
Relevant dates emerging from the appeal:
RTI : 02.07.2018 FA : 01.09.2018 SA : 13.11.2018
CPIO : 06.08.2018 FAO : Not on record Hearing : 04.08.2020
The following were present:
Appellant: Absent.
Respondent: Shri Adesh Kumar DDE (Rep)II M/o Railway, Railway Board, K
Roy Choudhary, Dy. CM & D, South railway, Joseph, JDE (N), M/o Railway
Board, CPIO's, heard over the phone
ORDER
Information Sought:
The appellant filed an RTI application on 02.07.2018, seeking information on five points, including, inter-alia;
1) Inform as to the nature of action taken by the Hon'ble Chariman, Railway Board, New Delhi with regard to my representation dated 04.11.2014, which has been further transferred/forwarded by the Directorate of Public Grievances, New Delhi on 04.12.015 to the Chairman, Railway Board, New Delhi for appropriate action thereon on the basis of representation dated 11.09.2015, Page 2 of 6 CIC/RAILB/A/2018/166903
2) Inform as to the nature of action taken by the Hon'ble Railway Minister, Railway Board, New Delhi with regard to representation dated 24.09.2017, arising out of order of removal from Railway service w.e.f. 14.09.2016,
3) Inform as to the nature of action taken by the Hon'ble Railway Minister, Railway Board, New Delhi with regards to representation dated 12.02.2018 arising out of order of removal from railway service w.e.f. 14.09.2016, And other related information.
The CPIO, vide letter dated 06.08.2018, provided requisite information to the appellant. Being dissatisfied, the appellant filed first appeal dated 01.09.2018 which was not disposed of by the FAA as per available record. Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the 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.
Submissions made by Appellant and Respondent during Hearing:
The appellant remained absent in the hearing despite hearing notice.
The respondent submitted that vide letter dated 06.08.2018, required information had been provided to the appellant. The respondent added that copy of the representations of appellant, pertained to his complaint regarding not being allowed to appear in the General Departmental Competitive Examination (GDCE) by South Eastern Railway. The respondent further submitted that vide letter dated 04.07.2019, the appellant was intimated that his representation dated 04.11.2014 Page 3 of 6 CIC/RAILB/A/2018/166903 was not received by them and copy of the same RTI was forwarded to South Eastern Railway vide letter dated 03/07/2019 for taking necessary action.
Written submission of the respondent dated 27.07.2020 & 03.08.2020, were taken on record.
Decision:
The Commission, after hearing the submissions of the respondent and perusing the records, observed that information sought by the appellant vide point no. 1 of his RTI was furnished by the respondent. Copy of the RTI was forwarded to General Manager (P), South Eastern Railway, vide letter dated 03/07/2019, for taking necessary action but no action had been taken by them. The CPIO's are entrusted with the responsibility of providing information to the citizen under the RTI Act. It is expected that the CPIO on receipt of a request shall as expeditiously as possible, provide the information sought for by the applicant. In this case, the General Manager (P), South Eastern Railway, Kolkata (concerned CPIO) did not discharge his responsibility properly. The Commission, therefore, would like to counsel the CPIO, South Eastern Railway, to be more careful in future so that such lapses do not recur and that the provisions of the RTI Act are implemented in letter and spirit. The Commission directs the respondent to provide complete and correct information to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.Page 4 of 6
CIC/RAILB/A/2018/166903 With the above observations, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
The Second Appeal is, hereby, stand disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date 04.08.2020 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Cum. ED(E), Ministry of Railway, Railway Board, RTI Cell, (Registration & Coordination), Room No. 507, 5th Floor, Rail Bhawan, New Delhi - 110 001
2. The Central Public Information Officer & DDE(REP)-II, Ministry of Railway, Railway Board, RTI Cell, (Registration & Coordination), Room No. 507, 5th Floor, Rail Bhawan, New Delhi - 110 001 Page 5 of 6 CIC/RAILB/A/2018/166903
3. General Manager (P), South Eastern Railway, Garden reach Road, Kolkata, PIN- 700043.
4. CPIO-37 & JD/E(N) Ministry of Railway, Railway Board Rail Bhawan, New Delhi - 110 001
5. Mr. Shankar Poddar Page 6 of 6