Central Information Commission
C Bhargav vs Ministry Of Railways (Railway Board) on 12 November, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/MORLY/A/2023/639516
CIC/MORLY/C/2023/640570
C Bhargav .....अपीलकर्ाग /Appellant
....निकायर्कर्ाग /Complainant
VERSUS
बनाम
PIO,
Railway Board, Rail Bhawan,
New Delhi-110001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 07.11.2024
Date of Decision : 11.11.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeal/complaint are clubbed together for
disposal through common order as these are based on same RTI application.
CIC/MORLY/A/2023/639516
CIC/MORLY/C/2023/640570
Page 1 of 7
Relevant facts emerging from appeal:
RTI application filed on : 23.03.2023
CPIO replied on : 14.07.2023
First appeal filed on : 14.07.2023
First Appellate Authority's order : 08.08.2023
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an (online) RTI application dated 23.03.2023 seeking the following information:
"1. Whether Akola-dhone project received all approvals to start tendering the process, if not, please share the next steps required before going to tendering process and tentative timelines for the same
2. Whether railway board received any request for rake allotment for 16569 train from SWR. If so, what is the timeline to allot the rake
3. Weather railway board conducted any meeting to speedup the 160kmph upgradation between Hyderabad to Bangalore via Kurnool. If not, reasons for the delays"
The CPIO furnished a reply to the Appellant on 14.07.2023 stating as under:
"2.0 Allotments of coaches/rakes to zonal Railways is an ongoing process depending upon various factors like demands from various Zonal Railways, operational requirement, maintenance facility and availability of coaches from production units."
Being dissatisfied, the appellant filed a First Appeal dated 14.07.2023. The FAA vide its order dated 08.08.2023, held as under:
"...2. It is observed information available has been provided in reply to the RTI application.
3. It is further observed that the information sought is not clear as requested in their Appeal. In this regard. it is stated that at present train number 16569 Yesvantpur-Kacheguda weekly Express is running with its dedicated rake. However, in case any further information is required. you Page 2 of 7 may visit Coaching Dte of Railway Board, Room Number-357. 3rd floor, Rail Bhawan, New Delhi, for the same.
4. With the above observations, the appeal stands disposed off."
Feeling aggrieved and dissatisfied, appellant/complainant approached the Commission with the instant Second Appeal and complaint on the ground of contradictory replies given by the CPIO and FAA.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant/Complainant: Not present.
Respondent: Mr. Sanjay Kumar Mishra, Asst. Traffic Manager/CPIO, Rail Bhawan accompanied with Mr. Narayan Shrivastav, Dy. CE Survey, SCR, Secunderabad present in person.
Mr. N Rajkumar, Dy. Chief Operation Manager/ CPIO, Southwestern Railway along with Mr. C P Reddy, Dy. CE (Constn.)/CPIO, South Central Railway Present through video-conference.
A written submission dated 29.10.2024 (copy marked to the appellant/complainant) filed by Mr. Sanjay Kumar Mishra, Asst. Traffic Manager (Punctuality) & CPIO, Railway Board, New Delhi is taken on record. Contents of the same are reproduced below for ready reference:
"1. The applicant, Shri C bhargav vide RTI application (MORLY/R/E/23/01141 dated 23.03.2023 had queried regarding any request received from SWR for rake allotment for 16569 and time line to allot the rake.
2. Vide reply dated 14.07.2023 the applicant was informed that the Allotments of coaches/rakes to zonal Railways is an ongoing process depending upon various factors like demand from various zonal railways, operational requirement, maintenance facility and availability of coaches from production units, etc.
3. The appellant filed first appeal no. MORLY/A/E/23/00685 dated 23.07.2023 on the ground "provided incomplete, misleading or false information" and stated that the trains 16569 is running without dedicated rake since more than one year and further stated that whether they received request for allotment of rake from South Western Railway and when it will be provided. The first Appellate Authority, vide decision dated 08-08-2023, upheld the response (dated 14.07.2023) of the responding CPIO. Further, it is stated that train number 16569 Yesvantpur-Kacheguda weekly express is running with dedicated rake.Page 3 of 7
4. The applicant has now approached the Hon'ble CIC and a notice has been received from the Hon'ble CIC in respect of 2nd Appeal filed by the applicant slated for hearing on 07.11.2024 at 10.40 AM & 10.45 AM.
5. In this connection, it is submitted that for optimal utilization of rakes, various trains of Indian Railway are operated by utilizing rakes in link (sharing of rakes), which is a dedicated rake for these trains. Similarly, train 16569 was also running in the link of other trains. IR endeavors for optimal utilization of rakes, which is an ongoing process over IR. Accordingly, reply has been given.
However, presently, 16569/16570 Kacheguda (KCG)-Yesvantpur (YPR) Express has been cancelled and a new Vande Bharat train 20703/20704 YPR-KCG (six- days in a week) has been introduced.
6. In view of the submissions made above, the non-admissibility of the appeal may kindly be considered."
A written submission dated 29.10.2024 filed by Mr. N. Rajkumar, Dy.COM/CHG/SWR & PIO/Optg., Southwestern Railway is taken on record. Contents of the same are reproduced below:
"Sub:- Written submission for Notice of Hearing for Appeal/Complaint of Sri C Bhargav.
Ref:- 1. Online Registration Number SWRLY/R/T/23/00216 Dated.24.03.2023.
2. This office Lr.No.T.348/Policy/RTI/Vol-XXII/2022-23 Dated.25.04.2023.
3. Online Registration Number SWRLY/A/E/23/00046 Dated.27.04.2023.
4. This office Lr.No.T.348/Policy/RTI/Vol-XXII/2022-23 Dated.02.06.2023.
5. CIC File No. CIC/MORLY/A/2023/639516 Dated. 14.10.2024.
Vide Ir under ref (1), The RTI application received through online on 24.03.2023(Railway Board reference Lr.No. MORLY/R/E/23/01141/2) Vide Ir under ref (2), PIO replied on 25.04.2023.(Copy enclosed) Vide Ir under ref (3), Party had applied for First Appeal due to unsatisfied remarks. Based on Appeal, Vide Lr under ref(4), FAA had given additional information and closed the appeal. (Copy enclosed). Additional information was, also given by Railway Board regarding allotment of rakęs to Zonal Railways (Copy enclosed).
Before COVID, Train No.16569/16570 Yesvantpur-Kacheguda-Yesvantpur express was running as a tri-weekly train. During COVID all trains were cancelled and subsequently trains were restored in phase wise manner. After COVID Train No. 16569/16570 Yesvantpur-Kacheguda-Yesvantpur express was restored as a weekly train w.e.f JCO 26.08.2022 Ex Yesvantpur & w.e.f JCO 27.08.2022 Ex Kacheguda with one dedicated rake. The party has applied for RTI on 24.03.2023 to Railway Board regarding rake allotment for Train No. 16569/16570 and timeline to allot the rake to run as tri-weekly express. FAA has given reply as." Train No.16569 express running as a tri-weekly services, which is running weekly now. This office sent a letter to Railway Board vide Page 4 of 7 Lr.No.T.75/Allotment/Coach/Vol.1 dt.04.02.2023 for requirement of ICF coaches to run, tri-weekly. Reply is awaited from Railway Board(Copy enclosed)". However, in order to run as tri-weekly one additional dedicated rake is required A proposal was sent to Railway Board on 04.02.2023 to allot/supply one rake to run this train as tri weekly.
But with introduction of new Train No.20703/20704, Six days in a week express, between Yesvantpur and Kacheguda w.e.f JCO 26.09.2023 Ex Kacheguda and w.e.f JCO 25.09.2023 Ex.. Yesvantpur, this Train No. 16569/16570: Yesvaritpur-Kacheguda-Yesvantpur weekly express was proposed for cancellation and the same was approved by Railway Board and notified accordingly.(copy enclosed). Train No.16569/16570 Yesvantpur- Kacheguda-Yesvantpur was cancelled w.e.f JCO 29.09.2023 Ex Yesvantpur and w.e.f JCO 30.09.2023 Ex Kacheguda. At present Train No.16569/16570 Yesvantpur-Kacheguda-Yesvantpur express is not in operation."
A written submission dated 25.10.2024 filed by Mr. Deepak Singh, Director/ GatiShakti (Civil) I, Railway Board is taken on record. Contents of the same is reproduced below:
"RTI application dated 23.03.2023 of applicant has been transferred to South Western Railway & South Central Railway u/s 6(3) of the RTI Act, 2005 by Dir. GS(Civil)-I, Railway Board (Annexure-II). Other part file of the same has been disposed off by CPIO & DD(Chg.)-I, Railway Board (Annexure-III) are enclosed."
A written submission dated 30.10.2024 filed by Mr. M.B. Muralidhar, CPIO/Per./Hqrs. & Dy. CPO/IR, South Central Railway is taken on record. Contents of the same are reproduced below:
"..In connection with the above, it is submitted that the above RTI initial (online) application was transferred under Section 6(3) of the RTI Act 2005 to Dy.CE/Con/Genl & CPIO(Engg)(Sl.No.1)& Dy.COM/Plg & Fois&CPIO(Operating) (Sl.No.3) on 25.03.2023, as the RTI request pertains to Engineering & Operating Departments of S.C.Rly. The information regarding Sl.No.2 transferred to South Western Railway u/s 6(3) of the RTI Act (Copy enclosed). Subsequently, Appeal was also received in this office, which was again transferred to concerned Appellate Authority of Engineering Department i.e. CE-Con-IV on 10.04.2023 (Copy enclosed).."
A written submission dated 05.11.2024 filed by Mr. N P Shrivastav, Dy CE/C/Survey/SC & PIO/Con/SC is taken on record. Contents of the same are reproduced below:
Page 5 of 7The RTI application's received vide reference above, has been examined, reg Akola-Dhone Project for item No. 1 which pertains to CAO/Construction/SC and Item No.5 pertaining to PCE's Office/SC is a under:
S.No Information sought Reply
Whether Akola -Dhone Akola-Dhone project is in two parts : 1.
1. Project received all Akola-Purna (DL) 212.17 Km
approvals to start ➤ The detailed project report and detailed
tendering the process, If estimate at a cost of Rs.2728.62Cr
not, please share the (212.17Km) is submitted to Railway Board
next steps required оп 06.04.2021 and is under consideration.
before going to ➤ After Railway Board's Sanction,
Tendering process and Tendering process will start.
tentative timeline for the 2. Mudkhed-Dhone (DL) 417.88 Km same. ➤ Detailed Project Report and Detailed Estimate is sanctioned by Railway Board on 25.08.2023.
➤ Tendering and Land Acquisition is in Progress.
5. Where Railway Board DPR for 160 KMPH between Hyderabad and stipulated any time line Bangaluru via., Kurnool has been prepared for KCG-SBC 160 Km and sent to Railway Board on 25.05.2023 upgrade? What is the for further process.
Target for this Project.
Respondents invited attention of the Commission towards the contents of their written submission and stated that reply along with available information has been provided to the appellant earlier and now in the form of their revised replies.
Decision:
The Commission after adverting to the facts and circumstances of the case, and perusal of the records, finds no infirmity in the reply given by the CPIO earlier and now vide written submissions dated 25.10.2024, 29.10.2024, 30.10.2024 and 05.11.2024 which are treated as revised replies, as the same were found to be in consonance with the provisions of the RTI Act. No mala fide is established on the part of the CPIOs.
Intervention of the Commission is not warranted in this matter.Page 6 of 7
Nonetheless, in the spirit of the RTI Act, Respondents are directed to provide a copy of their respective written submissions along with enclosures free of charge to the Appellant within one week from the date of receipt of this order.
The appeal/complaint are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Executive Director, Coaching, Railway Board, New Delhi-110001 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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