Central Information Commission
J P Tiwari vs Central Railway on 7 July, 2021
CIC/CRAIL/C/2019/647943
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं ा / Complaint No. CIC/CRAIL/C/2019/647943
In the matter of:
J. P. Tiwari ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Asst. Personnel Officer(T&C),
Central Railway, DRM's Office,
Personnel Branch, Solapur Division,
Solapur, Maharashtra.
Relevant dates emerging from the complaint:
RTI Application filed on : 06.07.2019
CPIO replied on : 12.07.2019
First Appeal filed on : 03.08.2019
First Appellate Authority order : 09.08.2019
Complaint Received on : 10.08.2019
Date of Hearing : 01.07.2021
The following were present:
Complainant: Shri J P Tiwari participated in the hearing on being contacted on his
telephone.
Respondent: Shri Sheikh Mastan, APO, Central Railway, Solapur participated in
the hearing on being contacted on his telephone.
Page 1 of 6
CIC/CRAIL/C/2019/647943
ORDER
Information sought:
The Complainant filed an online RTI Application dated 06.07.2019 seeking information on the following eight points:
"Seeking following information regarding Inter railway/division own request transfer in loco (running) cadre of your division u/s-6(1) of the act.
1) Please inform the name designation and date of employees relieved after the circulation of GM(P)/CR circular no-72/2018 P/HQ/Rulling/O/811 dated- 26/04/2018, in the cadre mentioned above till date.
2) Please inform the names of employees who were relieved as per the approval of DRM in accordance to point-3 of the circular mentioned above, till date.
3) Please inform the names of employees whose IRORT out of turn applications were forwarded for the approval of the GM/CR in accordance to point-5 of the circular mentioned above, till date.
4) Provide the certified copy of dispatch/covering letters and file notings of all IRORT application forwarded GM as per point -3 of this application.
5) Provide the certified copy of dispatch/ covering letters and file notings of all approvals received from GM as per point -4 of this application, till date.
6) Provide the certified copes of the document on whose basis the out of turn file were moved for the candidates mentioned in point no-3 of this application.
7) Please provide certified copies of the letter of acceptance received from their opted zone/division for the employees mentioned in point no-3 of this application.
8) Provide the certified copies of letter of rejection of out of turn IRORT, received by divisional authorities from GM for the employees mentioned in point no-3 of this application, if any."
The CPIO vide letter dated 12.07.2019, informed to Complainant as under:
"You have asked the information regarding Inter railway/division own request transfer in Loco (running) cadre of Solapur division. The information & documents to be provided to you are available in scattered manner in various files & registers.Page 2 of 6
CIC/CRAIL/C/2019/647943 You can visit this office to examine the said documents on any working day with prior intimation & you have to pay the necessary examination fees as per RTI Act- 2005.
If you want the copies of documents you have to pay Rs.2/- for each copy."
Being dissatisfied, the Complainant filed a First Appeal dated 03.08.2019. The First Appellate Authority vide order dated 09.08.2019 enclosed a copy of the CPIO's reply.
Grounds for Complaint:
The Complainant filed a complaint u/s 18 of the RTI Act on the ground of unsatisfactory reply furnished by the Respondent. Complainant requested the Commission to direct the CPIO to provide the information sought for and take appropriate legal action against the Respondent. He also requested the bench to award Compensation.
Submissions made by Complainant and Respondent during Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Complainant stated that since he has lost the softcopy of all the RTI Applications filed so far, he is not in a position to contest his case. Hence, he requested the Commission to decide the instant case on merits. At the instance of the Commission as to whether the Complainant is having any grievances with the Respondent Public Authority, the Complainant replied in negative. He explained that he is an RTI Activist and several people approach him to explain regarding the IRORT malpractices. That being the reason, he has filed several RTI Applications.Page 3 of 6
CIC/CRAIL/C/2019/647943 The Respondent submitted that an appropriate reply has already been provided to the Complainant on 11.07.2019 and that the First Appeal has also been adjudicated on 09.08.2019. He further submitted that a total of 1,113 Loco (running) cadre of Solapur division and dealing staff for all the Loco (running) cadre of Solapur division are different, the information sought in the instant RTI Application requires collection and collation of information/data. He furthermore submitted that the averred documents are scattered between various units. Therefore, the Complainant was provided an opportunity to inspect the relevant documents. The Respondent further added that point no. 3 of the said circular which is being referred to by the Complainant in his original RTI Application, has already been amended vide amendment dated 30.07.2018.
A written submission has been received by the Commission from Shri Surendra Singh Barahat, PIO and Sr. DPO, Solapur vide letter dated 18.06.2021, wherein he has reiterated the facts and circumstances of the instant case.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that both the instant RTI Application as well as the First Appeal has been appropriately responded by the Respondent within the stipulated time-frame. Moreover, an opportunity to inspect relevant records has also been provided by the Respondent, which has not been availed by the Complainant till date, whereas the Complainant has visited the Respondent's office at Mumbai and has inspected the relevant records in another case vide File No. CIC/CRAIL/C/2019/651622 enlisted for hearing on 01.07.2021. The Commission notes that the information sought in the instant RTI Application is identical to the information sought in the aforesaid case.Page 4 of 6
CIC/CRAIL/C/2019/647943 The Commission further observes that the answering Respondent has asserted that the information sought by the Complainant is available in scattered manner through various files and registers, which requires collection and collation of the existing information, thereby attracting Section 7(9) of the RTI Act. In view of the above, the Commission neither finds any infirmity in the reply provided nor any mala fide can be attributed against the answering Respondent. With the above observations, the instant Complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The Complaint, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 05.07.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/CRAIL/C/2019/647943 Addresses of the parties:
1. The First Appellate Authority (FAA) //ADRM, Central Railway, Divisional Railway Manager's Office, Solapur Division, Station Road, Solapur, MH - 413001
2. The Central Public Information Officer, /Asst. Personnel Officer(T&C), Central Railway, DRM's Office, Personnel Branch, Solapur Division, Solapur, Maharashtra-413001
3. Shri J. P. Tiwari Page 6 of 6