Central Information Commission
Ashok Dwivedi vs Central Railway on 24 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No : CIC/CRAIL/A/2024/100517
Ashok Dwivedi .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Central Railway, Principal
FA's Office, 3rd Floor,
New Admn. Building, C.S.M.T.
Mumbai - 400001 .... ितवादीगण /Respondent
Date of Hearing : 16.04.2025 Date of Decision : 23.04.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 07.10.2023 CPIO replied on : 30.10.2023 First appeal filed on : 12.11.2023 First Appellate Authority's order : 18.12.2023 2nd Appeal/Complaint dated : 03.01.2024
1. Information sought:
The Appellant filed an RTI application (offline) dated 07.10.2023 seeking the following information:Page 1 of 4
"1. As of today, request you to please state, where in Central Railway and which station is Mr. Kishor Hegde Sr. TIA, Central Railway, CSMT placed and working.
2. Request you to please state Mr. Kishor Hegde Sr. TIA, Central Railway, CSMT on the following dates (dd/mm/yy) was working. If yes, provide a copy of the duty stations on which he was placed.
16-02-2022 22-12-2022 8/2/2023
1/11/2022 14-06-2023 24-08-2023
29-03-2023 24-06-2022 29-08-2022
25-03-2022 10/1/2023 16-02-2023
23-11-2022 27-06-2023 28-08-2023
12/4/2023 20-07-2022 21-09-2022
12/4/2022 31-01-2023 28-02-2023
7/12/2022 21-07-2023 13-09-2023
29-04-2023 3/8/2023 10/10/2022
10/6/2022 5/8/2022 15-03-2023
4/10/2023
3. Request you to please state Mr. Kishor Hegde Sr. TIA, Central Railway, CSMT on the following dates (dd/mm/yy) was on leave. If yes, then please state the type of leaves mentioned (Leave average pay, Casual Leave, Medical Leave) and request you to please provide the copy of the same.
16-02-2022 22-12-2022 8/2/2023
1/11/2022 14-06-2023 24-08-2023
29-03-2023 24-06-2022 29-08-2022
25-03-2022 10/1/2023 16-02-2023
23-11-2022 27-06-2023 28-08-2023
12/4/2023 20-07-2022 21-09-2022
12/4/2022 31-01-2023 28-02-2023
7/12/2022 21-07-2023 13-09-2023
29-04-2023 3/8/2023 10/10/2022
10/6/2022 5/8/2022 15-03-2023
4/10/2023
4. Request you to please provide with the details if there is a Pending Minor or Major Penalty (DAR) against Mr. Kishor Hegde, Sr. TIA, Central Railway, CSMT. If yes, please provide the copy of the same.
5. Request you to please provide with the details, whether in past or present has there been a chargesheet or penalty filed against him by the Railways. If yes, please provide a copy of the same."
2. The CPIO furnished a reply to the Appellant on 30.10.2023 stating as under:
Page 2 of 4"With reference to above, your two RTI applications dated 07.10.2023 has been transferred on line by CPIO/ DGM received in this office on 10.10.2023 seeking; details of duty dates and stations, leave dates and details of DAR actions of Shri Kishor Hegde Sr.TIA and Shri GP Singh Sr. TIA.
In this regard, it is stated that information sought about Shri Kishor Hegde Sr. TIA and Shri GP Singh Sr.TIA is personal information of third person and cannot be furnished being exempted under Section 8(1) j of RTI Act."
3. Being dissatisfied, the appellant filed a First Appeal dated 12.11.2023. The FAA vide its order dated 18.12.2023, held as under.
"On appeal, it is stated that information sought by you is not found justified as it is not in the larger public interest, hence the same is denied under Section 8(i)j of the RTI Act. The reply furnished earlier by this office stands good.
Your appeal is disposed off accordingly."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through videoconference. Respondent: Shri K Sudarshan, Dy. Chief Accounts Officer-cum-CPIO along with Shri Arun K Nair, Dy. Financial Advisor/Chief Accounts Officer present through videoconference.
5. The appellant expressed his dissatisfaction to the fact that information has been wrongly denied by the CPIO under Section 8 (1)(j) of the RTI Act ignoring the fact that information sought was related to service of a public servants which should ideally be made public to maintain transparency in the system.
6. The respondent initially reiterated their stand for denial of information under Section 8 (1) (j) of the RTI Act. However, at the behest of the Commission, he agreed to intimate the place of posting and posting details of Shri Kishore Hegde against point No. 1 and 2 of the RTI Application to the appellant.
Page 3 of 4Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observes that blanket denial of information at point No. 1 and 2 of RTI application is not appropriate as the appellant has sought place of posting of their employee, namely, Shri Kishore Hegde and place of his posting/working on particular dates. In view of this, the respondent is directed to revisit the contents of Point No. 1 and 2 of RTI application and provide a revised updated reply in respect of Shri Kishore Hegde, TIA for the period as mentioned in the RTI application. This information should be provided to the appellant, free of cost, within four weeks of the date of receipt of this order.
FAA to ensure compliance of the directions.
8. As regards point No. 3 and 4 of RTI application, the Commission finds no infirmity in the reply furnished by the CPIO as the same was found to be in consonance with the provisions of the RTI Act.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Central Railway, Principal FA's Office, 3rd Floor, New Admn.
Building, C.S.M.T. Mumbai - 400001 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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