Central Information Commission
Mohammed Dastagir vs South Western Railway on 13 December, 2021
CIC/SWRLY/C/2019/659579
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/SWRLY/C/2019/659579
In the matter of:
Mohammed Dastagir ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Sr. Divisional Operations
Manager/Chg / South Western
Railway Divisional Office,
operations branch,
Bengaluru - 560023
Relevant dates emerging from the Complaint:
RTI Application filed on : 12.09.2019
CPIO replied on : 14.10.2019
First Appeal filed on : 21.10.2019
First Appellate Authority order : Not on Record
Complaint received on : 11.12.2019
Date of Hearing : 09.12.2021
The following were present:
Complainant: Mr. Mohammed Dastagir, participated in the hearing through video
conferencing from NIC Mysore.
Respondent: Shri Trinetra, AOM & PIO, participated in the hearing through video
conferencing from NIC Koramangala.
Page 1 of 5
CIC/SWRLY/C/2019/659579
ORDER
Information Sought:
The Complainant filed RTI application dated 12.09.2019 seeking information on the following two points:
1) "Date from which train numbers 16023 and 16024 (Malgudi Express) designated as Superfast Express.
2) Actual arrival and departure timings (not the scheduled timings) of train numbers 16023 and 16024 at Mysore Junction and KSR Bengaluru Junction during the period 01-07-2019 to 12-09-2019 (date wise)."
Shri Saira Nasreen, Public Information Officer & Sr. Divisional Operations Manager/Chg & Plg, South Western Railway, Bengaluru vide letter dated 14.10.2019, informed to the Complainant as under:
Being dissatisfied, the appellant filed a First Appeal dated 21.10.2019, 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 Page 2 of 5 CIC/SWRLY/C/2019/659579 Commission to direct the CPIO to provide the information sought for and take appropriate legal action against the Respondent.
Submissions made by Complainant and Respondent during Hearing: The Complainant submitted that he has not received the requisite information with respect to point no. 2 of the instant RTI Application.
The respondent submitted that the information qua point no. 2 of the RTI Application is not available in the requisite format and creating such information would led to disproportionate diversion of the funds which would attract Section 7 (9) of the RTI Act. However, the Complainant has been given an opportunity for inspection on the same but to no avail.
A written submission has been received by the Commission from Shri Akhil M. Shastry, PIO & Sr. DOM, vide letter dated 02.12.2021 and the same has been marked to the Complainant, wherein the Commission has been apprised as under:
Page 3 of 5CIC/SWRLY/C/2019/659579 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 instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker. Since the Respondent has provided adequate reply to the Complainant within the stipulated time-frame, no mala-fide can be attributed against the Respondent. Hence, the Commission finds no further scope of intervention in the instant matter. 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 : 13.12.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 4 of 5 CIC/SWRLY/C/2019/659579 Addresses of the parties:
1. The First Appellate Authority (FAA) Addl. Divisional Railway Manager, South Western Railway Bengaluru Division, SWR, Bengaluru - 5600023
2. The Central Public Information Officer (CPIO) Sr. Divisional Operations Manager/Chg / South Western Railway Divisional Office, Operations branch, Bengaluru - 560023
3. Mr. Mohammed Dastagir Page 5 of 5