Central Information Commission
Shaji M K vs Ministry Of Railways (Railway Board) on 24 June, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MORLY/A/2023/630718
Shaji M K .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Railway Board, Rail Bhawan,
New Delhi 110001 ..... ितवादीगण /Respondent
Date of Hearing : 28.05.2025
Date of Decision : 24.06.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 30.03.2023
CPIO replied on : 03.05.2023
First appeal filed on : 05.05.2023
First Appellate Authority's order : 02.06.2023
2nd Appeal/Complaint dated : 22.06.2023
Information sought:
1. The Appellant filed an (online) RTI application dated 30.03.2023 seeking the following information:
"I may kindly be furnished the following information under the RTI Act, 2005:
1) A certified copy of all complaints received against Shri A.K. Agarwal (IRSME) while he was working as General Manager of Integral Coach Factory and the documents showing the follow up action taken on them.
2) A certified copy of all correspondences, including file notings, which have led to the issuance of transfer order of Shri A.K. Agarwal (IRSME), the then General Manager, Integral Coach Factory to Rail Wheel Factory as General Manager.Page 1 of 6
3) A certified copy of all complaints received against Shri A.K. Agarwal (IRSME) during his present stint at Rail Wheel Factory as General Manager, including but not limited to those related to huge delay in disposal of files, and the documents showing the follow up action taken on them"
2. The CPIO furnished a reply to the Appellant on 03.05.2023 stating as under:
"Query 2. In terms of Clause 8 (1) (i) of the Right to Information Act, 2005, 'notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, (i) cabinet papers, including deliberations of Council of Ministers, It is stated that the documents requested are part of deliberations of Secretary to Government of India and other officers. Hence, the requested information/ documents cannot be disclosed.
Further, disclosure of information would cause unwarranted invasion to the privacy of the individuals and it would also not serve any larger public interest. Hence the information/ document is also denied under Section 8(1)(j) of the RTI Act."
3. Being dissatisfied, the appellant filed a First Appeal dated 05.05.2023. The FAA vide its order dated 02.06.2023, held as under.
"1. After going through the initial RTI application and CPIO's reply thereagainst, it is noted that the information sought for, include copies of correspondence made by the Ministry of Railways with DOP&T, file notings etc. while seeking approval of Appointments Committee of Cabinet, for transfer of General Manager. And, in response to this, the CPIO has, inter alia, mentioned that the documents as sought for, are part of deliberations of Secretary to Government of India and other officers. Further, disclosure of information would cause unwarranted invasion to the privacy of the individuals and it would also not serve any larger public interest, and therefore, the information may not be dispensed with 8(1) (j) of the RTI Act, 2005.
2. Not satisfied with the aforesaid reply of the CPIO, while preferring the appeal, it has, inter alia, been brought out that the information should be furnished. And, in support of this, decision of Hon'ble High Court of Kerala, has also been referred to.
3. With regard to the above, it is however noted that the information sought for, is part and parcel of the decision making process in the matter of a senior level appointment, which may not be viewed in complete isolation. As regards Hon'ble High Court of Kerala's decision which has been relied upon while preferring the appeal, it may kindly be appreciated that each case is decided Page 2 of 6 on its own merit, taking into consideration the facts/aspects relevant to that particular case and the decision(s) taken by the Competent Authority, may not be applied automatically, in another case.
Under the circumstances, no further intervention is called for, and the appeal preferred is hereby disposed of, accordingly."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri S.C. Krishna, CPIO-cum-Director and Shri M.G. Bharti, Deputy Director, attended the hearing in person.
5. The Appellant did not participate in the hearing.
6. The Respondent submitted that a suitable reply in terms of RTI Act has been given to the Appellant vide letter dated 03.05.2023 and 02.06.2023. He added that the documents requested in the instant RTI Application are part of deliberations of Secretary to Government of India and other officers. Hence, the requested information/documents cannot be disclosed being exempted under Section 8 (1) (i) of the RTI Act. Further, the information sought is part and parcel of decision-making process and file notings which also contains third party information which cannot be provided to the Appellant even after invoking provisions of Severability under Section 10 of the RTI Act. Moreover, the Appellant is neither the complainant nor has he any locus in such an information nor is there any larger public interst and disclosure of information would cause unwarranted invasion to the privacy of individuals and it would not also not serve any larger public interest, and therefore, the information is also exempted under Section 8 (1) (j) of the RTI Act, 2005. He added that the Appellant has filed an identical RTI Application seeking similar information, Second Appeal of which has already been heard and decided by this Bench of the Commission in case file bearing No. CIC/MORLY/A/2023/630717, on 05.07.2024.
7. A written submission has been received from the Appellant vide letter dated 21.05.2025 and the same has been taken on record.
Page 3 of 68. A written submission has been received from Shri S.C. Krishna, CPIO- cum-Director, vide letter dated 23.05.2025, 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:
"The Appellant has preferred 2nd Appeal to Hon'ble CIC w.r.t. his initial Application dated 30.03.2023 (registered in this office as MORLY/R/E/23/01259 dated 30.03.2023), seeking information on three points under RTI Act, 2005. Item No.2 of the application pertains to this CPIO and the information sought therein is as under:
"a certified copy of all correspondences, including file notings, which have led to the issuance of transfer order of Shri A.K.Agarwal (IRSME), the then General Manager, Integral Coach Factory to Rail Wheel Factory as General Manager".
2. Reply to item (2) was issued to the Appellant vide CPIO's letter dated 03.05.2023 (copy enclosed) as under:
"In terms of Clause 8 (1) (i) of the Right to Information Act, 2005, 'notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, (i) cabinet papers, including deliberations of Council of Ministers, Secretaries and other officers;
It is stated that the documents requested are part of deliberations of Secretary to Government of India and other officers. Hence, the requested information/documents cannot be disclosed.
Further, disclosure of information would cause unwarranted invasion to the privacy of the individuals and it would also not serve any larger public interest. Hence the information/document is also denied under Section 8(1)(j) of the RTI Act".
3. The Appellant filed a First Appeal registered in this office as No. MORLY/A/E/23/00425 dated 05.05.2023 and the Appellate Authority i.e. Joint Secretary (Gaz.), Railway Board disposed of the same vide letter dated 02.06.2023(copy enclosed). The Appellate Authority, while disposing of the First Appeal, inter alia, mentioned as under:
"..... With regard to the above, it is however noted that the information sought for, is part and parcel of the decision making process in the matter of a senior level appointment, which may not be viewed in complete isolation. As regards Hon'ble High Court of Kerala's decision which has been relied upon while preferring the appeal, it may kindly be appreciated that each case is decided on its own merit, taking into consideration the facts/aspects relevant to that particular case and the decision(s) taken by the Competent Authority, may not be applied automatically, in another case.
Under the circumstances, no further intervention is called for, and the appeal preferred is hereby disposed of, accordingly".
4. It is humbly submitted that correspondence/file notings regarding transfer order of General Managers are submitted for approval to the Appointments Page 4 of 6 Committee of the Cabinet and form part of deliberations of officers of the level of Secretary to the Government of India and other officers. Further, the information sought is part and parcel of decision-making process and file notings also contain third party information. Hence, disclosure of information would cause unwarranted invasion to the privacy of individuals and it would not also not serve any larger public interest, and therefore, the information is exempted under Section 8(1)(j) of the RTI Act, 2005.
5. In view of the above, it is humbly requested that Hon'ble Commission may please consider this case for closure."
Decision:
9. The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that suitable replies in terms of RTI Act has been given by the Respondent vide letter dated 03.05.2023 and 02.06.2023. It is further observed that the Appellant has filed an identical RTI Application seeking similar information, Second Appeal of which has already been heard on 02.07.2024 and decided by this Bench of the Commission in case file bearing No. CIC/MORLY/A/2023/630717, on 05.07.2024. 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, Railway Board, Rail Bhawan, New Delhi 110001.Page 6 of 6
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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