Central Information Commission
A P Chopra vs Railway Board on 31 July, 2020
CIC/RAILB/A/2018/169008
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/RAILB/A/2018/169008
In the matter of:
A P Chopra & Another ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
DE(N)II & CPIO-43,
Railway Board,
Rail Bhawan,
Raisina Road, New Delhi
Relevant dates emerging from the appeal:
RTI : 19.04.2018 FA : 12.09.2018 SA : 26.11.2018
CPIO : 20.08.2018, FAO : 28.09.2018,
Hearing :29.07.2020
12.09.2018 & 19.09.2018 03.10.2018 & 18.10.2018
The following were present:
Appellant: Heard over the phone
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CIC/RAILB/A/2018/169008
Respondent: Shri Amirchand Jain, Deputy Secretary and Smt. Sudha Khajoor,
Deputy Director (Pay Commision), Railway Board, New Delhi, heard over the
phone
ORDER
Information Sought:
The appellant filed an RTI application on 19.04.2018, seeking information on two points regarding his representation dated 08.08.2017 about the benefit of upgradation in fixing his pension in line with the decisions of CAT/High Courts/Supreme Court. In this regard, he sought information as follows;
1. What action has been taken on the above noted representation so far?
2. In case final decision has been taken and the same is not in his favour, the following may please be supplied:
a. Copies of the notings made by various officers in this case. b. Copy of Railway Board's letter No. PC-III/2013/CTC-1/4 dated 1/2/16. c. Copies of the notifications upgrading the posts of Advisor (Budget), Advisor (Works) and Advisor (Finance) to Additional Members.
The CPIO, vide letter dated 20.08.2018, provided information against point no. 2(b) of appellant's RTI application. Information on point no. 2(c) was furnished vide letter dated 19.09.2018. Being dissatisfied, the appellant filed first appeal dated 12.09.2018. FAA and EDE (GC), vide order dated 28.09.2018, provided information against point no. 3(d) of the appellant's first appeal and stated that his original RTI application was not received in E (GC). Further, FAA & Executive Director Pay Commission - I, Railway Board, vide letter dated 03.10.2018, informed the appellant that information on point no. 3(c) has been furnished to the appellant vide letter dated 12.09.2018 and information on point nos. 3(a), 3(b) and 3(d) pertains to EDF (E) and EDE (GC). FAA and Joint Secretary (Gaz), Railway Page 2 of 5 CIC/RAILB/A/2018/169008 Board, vide order dated 18.10.2018, enclosed a copy of the CPIO's reply dated 19.09.2018 whereby information on point no. 2(c) of the appellant's RTI application was furnished.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of unsatisfactory information furnished by the respondent. He requested to the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that information on point no. 1 of his RTI application has not been provided to him till date.
The written submissions dated Nil and 24.07.2020 filed by the appellants were taken on record.
The respondent, Shri Amirchand Jain, submitted that only point no. 2(c) was concerning their department and due information on the said point has already been furnished to the appellant.
The respondent, Smt. Sudha Khajoor, submitted that only point no. 2(b) was concerning their department and due information on the said point has already been furnished to the appellant.
The written submissions dated 27.07.2020, filed by the Joint Director E(P&A), Railway Board were taken on record.
The written submissions dated 28.07.2020, filed by the Under Secretary (Estt.) I, Railway Board were taken on record.Page 3 of 5
CIC/RAILB/A/2018/169008 Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, observes that the RTI Application in question, First Appeal and the instant Second Appeal have been filed by two separate individuals, Shri A P Chopra and Shri L C Monga. The Commission referred to Section 6(1) of the RTI Act, 2005 which reads as follows:
"6. Request for obtaining information.--(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to--...."
The Commission notes that Section 6(1) of RTI Act, 2005 provides for "A person"
to seek information and not a set or group of persons. Thus, in view of the above, the instant appeal is not maintainable.
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.
अिमता पांडव)
Amita Pandove (अिमता व
Information Commissioner (सू सूचना आयु )
दनांक / Date: 29.07.2020
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CIC/RAILB/A/2018/169008
Authenticated true copy
(अिभ मािणतस यािपत ित)
B. S. Kasana (बी. एस. कसाना)
Dy. Registrar (उप-पंजीयक)
011-26105027
Addresses of the parties:
1. The First Appellate Authority (FAA),
EDPC-I Ministry of Railway,
Railway Board, DFCCIL Bldg,
Pragati Maidan,
New Delhi - 110001
2. The Central Public Information Officer (CPIO), DE(N)II & CPIO-43 Ministry of Railway, Railway Board, Room No. 163, Rail Bhawan, Raisina Road, New Delhi-110001
3. Shri A P Chopra Page 5 of 5