Kamlesh Kumar Sharma vs North Western Railway on 3 October, 2019

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Central Information Commission

Kamlesh Kumar Sharma vs North Western Railway on 3 October, 2019

Bench: Neeraj Kumar Gupta

                             के   ीय सूचना आयोग
                      Central Information Commission
                         बाबा गंगनाथ माग,मुिनरका
                       Baba Gangnath Marg, Munirka
                       नई द ली, New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/NWRLY/A/2018/107031

Kamlesh Kumar Sharma                                     ... अपीलकता/Appellant

                                   VERSUS
                                    बनाम

CPIO,M/o Railways, North                                 ... ितवादी/Respondent
Western Railway, Jaipur,
Rajasthan


Relevant dates emerging from the appeal:

RTI : 11-08-2017           FA    : 20-09-2017          SA: 01-02-2018

CPIO : 15-09-2017          FAO : 31-10-2017            Hearing: 30-09-2019

                                  ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/O. North Western Railway, Jaipur, Rajasthan seeking information as follows:-

1. "Action taken in respect of Mr. Amar chand Sharma.

2. Under which rule promotion has been given to Mr. Amar chand Sharma in year 2006.

3. Under which rule for promotion preference has been given to Amar chand Sharma in year 2006 in jaipur zone.

4. Under which rule for promotion preference has been given to Amar chand Sharma in year 2006 in jaipur zone inspite of being in serial no.888.

5. In selection list Mr. Amar chand sharma's name is not there inspite of that also he got promotion under which rule.

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6. Under which rule seniors did not get promotion along with the personal details(name, fathers name, mobile no. etc) of deprived constables.

7. Under which rule of railways frequent transfers of Mr. Amar chand Sharma has been done.

8. On various dates 4.10.17, 04.01.14, etc. Mr. Amar chand Sharma what and where he has worked.

9. Transfer details of Mr. P.M Singh Dev after 2006.

10. Details of Promotion and recruitment done by Mr. P.M Singh Dev.

11. Details of action taken against Mr. P.M Singh Dev."

2. The CPIO responded on 15.09.2017 and 14.11.2017. The appellant filed the first appeal dated 20.09.2017 which was disposed of by the first appellate authority on 31.10.2017. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information.

Hearing:

3. The appellant, Mr. Kamlesh Kumar Sharma attended the hearing through video conferencing. Mr. Ajay Sharma, Asst. Secretary Commission, participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.

4. The appellant stated that the respondent should be directed to provide the sought for information.

5. The respondent informed the Commission that they have already furnished the sought for information with reference to the RTI application as available in their records to the appellant vide their letter dated 15.09.2017, 14.11.2017 and 18.12.2017. The given reply was also read out by the respondent. Decision:

6. The Commission, after hearing the submissions of the respondent and after perusal of records, observes that available information has been provided to the appellant on 15.09.2017, 14.11.2017 and 18.12.2017. Further, this Commission directs the respondent to provide relevant information on point nos. 1 and 8 of the RTI application as available in their records to the appellant within 15 days from the date of receipt of this order. Hence, no further intervention of the Commission is required in the matter.

7. With the above observations, the appeal is disposed of.

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8. Copy of the decision be provided free of cost to the parties.

नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date 30-09-2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 4 Addresses of the parties:

1 The CPIO, M/o Railways, Addl CSC & PIO/RPF, North Western Railway, Headquarter's Office, Railway Protection Force, Near Jawhar Circle, Jaipur, Rajasthan - 302017

2. Mr. Kamlesh Kumar Sharma Page 4 of 4

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