Central Information Commission
Indresh Mani vs North Eastern Railway (Gorakhpur) on 6 November, 2020
CIC/NERLG/A/2018/147627
के ीय सचू ना आयोग
Central Information Commission
बाबागगं नाथमाग,मिु नरका
Baba Gangnath Marg, Munirka
नईिद ली, New Delhi - 110067
ि तीयअपीलसं या / Second Appeal No. CIC/NERLG/A/2018/147627
In the matter of:
Indresh Mani ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
North Eastern Railway,
Chief Security Commissioner,
Railway Protection Force,
Distt Gorakhpur,
Uttar Pradesh
Relevant dates emerging from the appeal:
RTI : 16.04.2018 FA : 25.05.2018 SA : 31.07.2018
Hearing :07.08.2020
CPIO : 22.05.2018 FAO : 27.06.2018 and
03.11.2020
Page 1 of 5
CIC/NERLG/A/2018/147627
The following were present on 07.08.2020:
Appellant: Absent
Respondent: Dr. S.K.Saini, CSC, North Eastern Railway, Railway Protection
Force, Distt Gorakhpur,Uttar Pradesh, heard over the phone
ORDER
Information Sought:
The appellant filed an RTI application on 16.04.2018, seeking copy of the rule under which Head Constables who came on transfer on their own request from RPSF & Foreign Railways, have been promoted as ASIs, superseding the applicant-overriding Rule 99(2) of RPF Rules, 1987 and DG/RPF's Standing Order No. 102.
The CPIO, vide letter dated 22.05.2018, denied information on the ground that the appellant had not furnished the details of the staff or their batch no, who came on their own request for transfer and were promoted. Being dissatisfied, the appellant filed first appeal dated 25.05.2018. FAA, vide order dated 27.06.2018, upheld the CPIO's reply.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of unsatisfactory information from the respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing on 07.08.2020:
The appellant remained absent during the hearing.Page 2 of 5
CIC/NERLG/A/2018/147627 The written submissions dated 12.05.2020 and 23.07.2020, filed by the respondent, were taken on record.
Interim Decision:
The Commission notes that the Notice of Hearing, issued to the appellant has been returned undelivered. In view of this, in the interest of justice, the Commission, hereby, adjourns the matter.
The Commission directs the Registry of this Bench to issue a fresh Notice for Hearing to the parties concerned.
Copy of the interim decision be provided free of cost to the parties.
The matter is, hereby, adjourned.
Relevant facts emerging during Hearing on 03.11.2020:
Following were present:
Appellant: Absent.
Respondent: Shri Santosh Lal Hansda, representative of the CPIO and Assistant Security Commissioner participated in the hearing through video conferencing from NIC Gorakhpur.
The Respondent submitted that there was an issue of seniority for which the Appellant had submitted a representation. In this regard, the Respondent posed certain questions to him on 22.05.2018, instead of replying to it, the Appellant filed a First Appeal followed by the instant Second Appeal before the Commission. He further submitted that after receiving the hearing notice from the Commission, Appellant's grievance has been resolved. He added that the Respondent have acknowledgment for providing all the information to the Appellant.Page 3 of 5
CIC/NERLG/A/2018/147627 Final Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, the Commission is satisfied that the Respondent public authority has provided available and relevant information to the Appellant. Since the Appellant is not present during the proceedings of the hearing to buttress his case, the Commission is not in a position to provide any relief to the Appellant. With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमतापांडव) Information Commissioner (सच ू नाआयु ) िदनांक / Date: 04.11.2020 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पजं ीयक) 011-26105027 Page 4 of 5 CIC/NERLG/A/2018/147627 Addresses of the parties:
1. The First Appellate Authority (FAA) cum Sr. Deputy General Manager, North Eastern Railway, Distt Gorakhpur, Uttar Pradesh
2. The Central Public Information Officer (CPIO), North Eastern Railway, Chief Security Commissioner, Railway Protection Force, Distt Gorakhpur, Uttar Pradesh
3. Shri Indresh Mani Page 5 of 5