Central Information Commission
Makhan Lal vs Northern Railway Firozpur on 24 November, 2021
CIC/NRALF/C/2019/157462
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/NRALF/C/2019/157462
In the matter of:
Makhan Lal ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Senior Divisional Material
Manager, Northern Railway,
Office Of The Divisional Railway
Manager, Firozpur Division,
Firozpur (Punjab).
Relevant dates emerging from the Complaint:
RTI Application filed on : 23.09.2019
CPIO replied on : 13.11.2019
First Appeal filed on : Undated
First Appellate Authority order : Not on Record
Complaint received on : 28.11.2019
Date of Hearing : 29.10.2021
The following were present:
Complainant: Absent (despite being served the hearing notice).
Respondent: Shri Arun Kumar, ASC, PIO, participated in the hearing through
video conferencing from NIC Ferozpur.
Page 1 of 6
CIC/NRALF/C/2019/157462
ORDER
Information Sought:
The Complainant filed an online RTI application dated 23.09.2019 seeking information as under:
"I want to know the status of my complaint with RPF/FEROZPUR and RPF/LUDHIANA and RPF/DELHI. Complaint Register through TWITTER, LETTER and Written Complaints.
DETAILS PW BILL NO 164827 Complainant Name-Makhan Lal Complaint Against-LOST 3 BUNDLES (255 KG) Booked From- MIRZAPUR TO LUDHIANA BOOKED ON- 29 JUNE 2019"
The CPIO vide online reply dated 13.11.2019, informed to the Complainant as under:
"Inquiry into the above noted case has been conducted, which reviled that the case is pertains to Dadri Post as place of occurrence i.e. Maripatt is under the jurisdiction of RPF Post Dadri. The case has been transferred to RPF Post Dadri."
Being dissatisfied, the appellant filed an undated First Appeal, which has not been adjudicated by the First Appellate Authority as per available records.
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 accurate information sought for.Page 2 of 6
CIC/NRALF/C/2019/157462 Submissions made by Complainant and Respondent during Hearing:
The Complainant did not participate in the hearing despite being served the hearing notice.
The respondent submitted that we have provide first reply to the instant RTI Application on 13.11.2019 wherein the Complainant has been informed that inquiry has been conducted in the averred complaint filed by the Complainant, which revealed that the case pertains to Dadri Division as place of occurrence is Maripatt which falls under the jurisdiction of RPF Post Dadri, North Central Railway, Allahabad. Upon being queried by the Commission whether the First Appeal has been adjudicated or not, the Respondent replied in affirmative. The contents of First Appellate Order dated 17.12.2020 is as under:
A written communication has been sent to the Complainant from Senior Divisional Security Commissioner, Northern Railway, Ferzozepur Cantt., vide letter dated 25.10.2021, wherein the Complainant has been informed as under:Page 3 of 6
CIC/NRALF/C/2019/157462 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent has provided appropriate reply as per available records to the Complainant, hence no malafide intention of the Respondent has been established. The Commission relies on one judgment of Hon'ble Supreme Court in "Chief Information Commissioner & Anr. Vs. State of Manipur & Anr." bearing CIVIL APPEAL NOs.10787-10788 OF 2011 decided on 12.12.2011 has held as under:-
"Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section
19. This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by Page 4 of 6 CIC/NRALF/C/2019/157462 following the aforesaid statutory provisions. The contention of the appellant that information can be accessed through Section 18 is contrary to the express provision of Section 19 of the Act. It is well known when a procedure is laid down statutorily and there is no challenge to the said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision. It is a time honoured principle as early as from the decision in Taylor v. Taylor [(1876) 1 Ch. D. 426] that where statute provides for something to be done in a particular manner it can be done in that manner alone and all other modes of performance are necessarily forbidden."
Be that as it may, the Commission finds that although an appropriate reply has already been provided by the Respondent, yet the same bears considerable delay. Therefore, the Commission admonishes the Respondent for the same and cautions to remain careful in future while dealing with the matters related to the RTI Act. With the above observations, the 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 : 24.11.2021 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/NRALF/C/2019/157462 Addresses of the parties:
1. The First Appellate Authority (FAA) ADRM, Northern Railway, Office Of The Divisional Railway Manager, Firozpur Division, Firozpur (Punjab)
2. The Central Public Information Officer (CPIO) /Senior Divisional Material Manager, Northern Railway, Office Of The Divisional Railway Manager, Firozpur Division, Firozpur (Punjab).
3. Shri Makhan Lal Page 6 of 6