Central Information Commission
Ajeet Kumar Singh vs Eastern Railway (Kolkata) on 7 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/ERAIL/A/2024/128528
Ajeet Kumar Singh .....अपीलकता/Appellant
VERSUS
बनाम
The CPIO
Office of the Divisional Railway
Manager, Eastern Railway,
Malda Division, Maldah - 732102 .... ितवादीगण /Respondent
Date of Hearing : 23.07.2025
Date of Decision : 06.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 03.05.2024
CPIO replied on : 04.06.2024
First appeal filed on : 12.06.2024
First Appellate Authority's order : 08.07.2024
2nd Appeal/Complaint dated : 04.09.2024
Information sought:
1. The Appellant filed an (offline) RTI application dated 03.05.2024 seeking the following information:
"Subject: Information under RTI Act regarding appointment of kin of Bhagalpur accident victims.
Respected Public Information Officer (PIO), Page 1 of 6 I am writing to request information under the Right to Information (RTI) Act regarding the appointment of kin of passengers who died or were permanently Incapacitated in the Bhagalpur train accident on December 2, 2006.
Background:
The Railway Board's letter mentioned above directed the General Manager (P), Eastern Railway, to consider the wards or legal heirs of the Bhagalpur accident victims for appointment as fresh face substitutes in Group 'D' posts. The letter also granted the General Manager discretionary powers to relax upper age limit, and educational qualifications for these appointments. Specifically, I request details on the following information:
1. The number of applications received from the kin of the deceased/permanently incapacitated passengers for appointment in the Railways
2. The number of appointments made to the next of kin under the Railway Board's letter No. E(NG)II/2006/SB/13 dated December 15, 2006.
3. Reasons for non-appointment of kin, if any.
4. A copy of the orders issued by the General Manager (P), Eastern Railway, regarding the implementation of the Railway Board's directives.
5. Details of the applications received, including the number rejected and the reasons for rejection.
6. Details of the appointments made, including the names of the appointed kin and the posts they were offered."
2. The Asst. Personnel Officer(Cord) & APIO transferred the RTI application to Sr. DPO & PIO, Est. Railway on 16.05.2024 stating as under:
"Enclosed please find herewith the RTI application dated 03.05.2024 received from Shri Ajit Kumar Singh under reference. After going through the RTI request, it is revealed that the information sought by the applicant are pertain to your jurisdiction.
Hence, the Original RTI application preferred by Shri Ajit Kumar Singh is being transferred under provision 6(3) of RTI Act. at your end for communicating reply directly to the applicant, a copy of the same may be sent to this office for record.
It is stated that an IPO amounting to Rs.10/- has been received by this office."
3. The Sr. DPO & PIO, Est. Railway furnished a reply to the Appellant on 04.06.2024 stating as under:
Page 2 of 6"It is to inform that you may attend this office on any working day at your own cost with proper identification (i.e. ADHAR Card, Voter ID) for inspection of records and extract the same if you desire. For inspection of records, no fee for the first hour and a fee of Rupees five for each subsequent hour (or fraction thereof) shall be charged under section 4(d) of RTI Act 2005."
4. Being dissatisfied, the appellant filed a First Appeal dated 12.06.2024. The FAA vide its order dated 08.07.2024, held as under.
"This office has already communicated the reply of your RTI application vide this office letter of even no. dtd. 04.06.2024. Accordingly, it is once again stated that the decision of this office regarding your RTI application is stands good."
5. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
6. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC is available on record.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Shri Indrajeet, CPIO-cum-Senior DPO, attended the hearing through VC.
7. The Appellant stated that he is not satisfied with the information provided by the Respondent qua the instant RTI Application.
8. The Respondent submitted that the information sought by the Appellant in the instant RTI Application pertains to year 2006 and the relevant record is scattered over different files and is not available in a compiled form. Accordingly, the Appellant was asked by the CPIO to visit the office and avail an opportunity of inspection of the relevant records, but he did not avail the same. However, upon receipt of the hearing notice from the Commission, a pointwise reply has been given to the Appellant vide letter dated 16.07.2025.
Page 3 of 69. A written submission has been received from Shri Indrajeet, CPIO-cum- Senior DPO, vide letter dated 16.07.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"This office is in receipt of notice of Dy. Registrar, CIC under reference that the appeal is respect of RTI appeal filed by the Shri Ajit Kumar Singh, Bose Park, F. No. 150/48, M G Raod, Bhagalpur, X-Ray Behind Hotel Bhawna, Bhagalpur, Bihar, Pin-812001 has been listed for hearing before Hon'ble CIC's on 23.07.2025 at 11:55 AM.
It is your kind information that Shri Ajit Kumar Singh preferred a RTI representation bearing dated 03.05.2024 received through Assistant Personnel Officer (Cord.) & Assistant Public Information Officer, Eastern Railway/Kolkata seeking information regarding the appointment of Kin of passengers who die or were permanently incapacitated in the Bhagalpur Train accident 02nd December, 2006.
The applicant concerned was communicated reply by the Sr. Divisional Personnel Officer, Eastern Railway, Malda & Public Information Officer, Malda vide this office letter no. E/WL/RTI/MLDT/Pt.I, dated 03.06.2024 stating that you may attend this office on any working day at your own cost with proper identification (i.e. Aadhar Card, Voter card) for inspection of records, copy enclosed as Annexure-A. On being dissatisfied with the information provided by the Sr. Divisional Personnel Officer, Eastern Railway, Malda & Public Information Officer, Malda, Shri Ajit Kumar Singh preferred 1st appellate authority to Additional Divisional Railway Manager, Malda & Appellate authority on 12.06.2024. The same has been received from Chief Personnel Officer (IR) & FAA/Kolkata vide letter no. E.740/Misc. Reply/RTI Cell/Pt.I, dated 27.06.2024 and received by this office 04.07.2024 Accordingly, Additional Divisional Railway Manager, Malda stated that the decision of this office regarding, your RTI application is stand good vide this office letter no. E/WL/RTI/MLDT/Pt.I, dated 08.07.2024, copy enclosed as Annexure-B. Being aggrieved the applicant Shri Ajit Kumar Singh has now moved to CIC, New Delhi.
follows: In this connection, the points wise submission before Hon'ble CIC is as
1. Applications have continued to be received since the accident over the period of many years. They are stored across various files in scattered locations within different sections. Therefore, the applicant was requested to attend this office for inspection of records.
The applicant may be advised to visit this office and it is assured that all files and related documents will be shown to him.
2. Nos of appointment made in Malda Division is10 nos.
3. The applications and requests for appointment have been dealt across multiple old files. There are multiple reports, notings of various authorities and correspondences with Railway authorities, State authorities and applicants.Page 4 of 6
Reasons may be gleaned from them. Therefore, the applicant was requested to attend this office for inspection of records.
The applicant may be advised to visit this office and it is assured that all files and related documents will be shown to him.
4. It is not clearly understood that which letter the applicant is asking for. The applicant is requested to visit this office and all orders issued by General Manager(P) will be shown to the applicant.
5.& 6. Applications have continued to be received since the accident over the period of many years. The processing of those applications has also been done in various files over the period of many years. They are stored across various files in scattered locations within different sections. Therefore, the applicant was requested to attend this office for inspection of records. The applicant may be advised to visit this office and it is assured that all files and related documents will be shown to him.
Not withstanding apart from the above, the under signed begs the unconditional apology on part of Railway Administration, if there are still any laps."
Decision:
10. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that a suitable reply in terms of the provisions of the RTI Act was given to the Appellant vide letter dated 04.06.2024. Further the written submission sent by the Respondent vide letter dated 16.07.2025, is more elaborate and is treated as updated reply. Hence, no intervention of the Commission is required in the instant case.
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 Page 5 of 6 Copy To:
The FAA Office of the Divisional Railway Manager, Eastern Railway, Malda Division, Maldah - 732102 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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