Central Information Commission
Rohitash Meena vs South Western Railway on 16 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/SWRLY/A/2023/648371
Rohitash Meena .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Office of PCPO, South Western Railway,
First Floor, West Wing, Rail Soudha,
Gadag Road, Hubballi - 580020 .... ितवादीगण /Respondent
Date of Hearing : 07.01.2025
Date of Decision : 16.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 08.09.2023
CPIO replied on : 25.09.2023
First appeal filed on : 06.10.2023
First Appellate Authority's order : 10.10.2023
2nd Appeal/Complaint dated : 12.10.2023
Information sought:
The Appellant filed an RTI application (offline) dated 08.09.2023 seeking the following information:Page 1 of 4
"1. आर.आर.सी के कृत रोजगार सूचना सं या 01/2019 (लेवल 1) के तहत िजन अ या थय! ने आवेदन फाम म% &ि'ट बा धत +वकलॉगता -ेणी म% उप -ेणी Visual Impairment (B) सैल2ट 3कया था एवं उ5ीण होने पर हुए च3क7सा पर 8ण म% उनक9 +वकलॉगता Visual Impairment (LV) पाया गया एवं पैनल म% शा;मल 3कया गया उन चय<नत अ या थय! क9 स7या+पत सूची उपल=ध कराने का
-म कर% ।
2. आर.आर.सी केकृत रोजगार सूचना सं या 01/2019 (लेवल 1) के तहत आयोिजत पर 8ा म% िजन अ या थय! ने आवेदन फाम म% &ि'ट बा धत +वकलॉगता -ेणी म% उप -ेणी Visual Impairment (LV) सैल2ट 3कया था एवं उ5ीण होने पर हुए च3क7सा पर 8ण म% उनक9 +वकलॉगता Visual Impairment (B) पाया गया एवं पैनल म% शा;मल 3कया गया उन चय<नत अ या थय! क9 स7या+पत सूची उपल=ध कराने का -म कर% ।"
The CPIO furnished a reply to the Appellant on 25.09.2023 stating as under:
"I am to refer to your Request for Information under RTI Act 2005, received vide letter dated 08/09/2023 and to say that 1 and 2. This information could not be provided under Section 8 (1) (j) of RTI Act 2005..."
Being dissatisfied, the appellant filed a First Appeal dated 06.10.2023. The FAA vide its order dated 10.10.2023, held as under.
"The reply already furnished by APO/Rectt & PIO vide letter dtd.25.09.2023 has been examined and it is stated that the reply furnished vide letter dtd.25.09.2023 is stands good. The same is enclosed herewith for ready reference.
However, if any additional information is required you may seek the same through a fresh RTI application and not by appeal. By furnishing the above information, your appeal as well as initial application under RTI Act, both are disposed off."Page 2 of 4
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Shri T. Ashok Kumar, APO (Recruitment), appeared through video conference.
The respondent while defending their case inter alia submitted that after receipt of hearing notice, they had provided point-wise information to the appellant vide letter dated 20.12.2024, context of the same is reproduced as under:
1. "Total 06 candidates have been empanelled against Visual Impairment (Blind) and also in their application form mentioned their PWBD disability as Visual Impairment (Blind). As such no candidates have been selected under Visual Impairment (Low Vision) who have declared their sub category as visual impairment (Blind).
2. Total 34 candidates have been empanelled against Visual Impairment (Low Vision) and also in their application form mentioned their PwBD disability as Visual Impairment (Low Vision). As such no candidates have been selected under Visual Impairment (Blind) who have declared their sub category PwBD disability has Visual Impairment (Low Vision). The list of candidates empanelled under PwBD Visual Impairment (Consisting of Blind & Low Vision) category against CEN.No.RRC-01/2019 for level-1 posts is enclosed to this letter."
Further, the respondent had filed detailed written submissions dated 20.12.2024 stating complete facts of the case, copy of the same was served to the appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, noted that information sought was provided by the respondent vide letter dated 20.12.2024. The written submission dated 20.12.2024 filed by the respondent stating facts of Page 3 of 4 the case and copy of the same was served to the appellant. The respondent apologised for the delay caused in providing the information.
The appellant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the respondent and further agitate the matter. The submissions of the respondent are taken on record.
In view of the above, the Commission finds that appropriate reply has been given by the respondent and interference of the Commission is not warranted in the matter.
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 Office of PCPO First Floor South Western Railway West Wing Rail Soudha Gadag Road Hubballi - 580020 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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