Central Information Commission
Kamlesh Sharma vs Northern Railway Firozpur on 6 June, 2022
Author: Uday Mahurkar
Bench: Uday Mahurkar
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No.:- CIC/NRALF/A/2021/618468-UM
Mr. Kamlesh Sharma
....अपीलकताग/Appellant
VERSUS
बनाम
CPIO
Northern Railway
Office of the Divisional Railway Manager
Firozpur, Punjab - 152002
प्रनतिािीगण /Respondent
Date of Hearing : 01.06.2022
Date of Decision : 02.06.2022
Date of RTI application 18.12.2020
CPIO's response Not on record
Date of the First Appeal 08.02.2021
First Appellate Authority's response Not on record
Date of diarized receipt of Appeal by the Commission 18.03.2021
ORDER
FACTS The Appellant vide his RTI application sought information on 01 points, as under:-
Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The order of the FAA, if any, is not on the record of the Commission. Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Absent Respondent: Mr. Sandeep Saxena, APO, participated through AC.
The Appellant remained absent during the hearing. Despite its continuous efforts, the Commission was not able to contact the Appellant.
The Respondent submitted that the Appellant had sought information regarding complete correspondence file of her late husband after his retirement etc. He informed the Commission that the present RTI application of the Appellant was never received in their department therefore, no reply to his RTI application was furnished. However, they had furnished the information while disposing of the First Appeal on 22.01.2021. Hence, no further information remained to be provided to the Appellant, he said.
The Commission was in receipt of a written submission by the Respondent dated 31.05.2022 which is taken on record.
The Appellant was not present to contest the submissions of the Respondent. DECISION:
Keeping in view the facts of the case and the submissions made by the Respondent, the Commission observes that an appropriate reply has not been furnished by the CPIO as per the provisions of the RTI Act, 2005. Therefore, the Commission directs the Respondent to re- examine the RTI application and furnish a complete and detailed revised reply to the Appellant, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the receipt of this order under the intimation to the Commission.
The Commission further directs the First Appellate Authority (FAA), to conduct an inquiry regarding non receipt of present RTI application of the Appellant in their department and, if required, take appropriate action against the erring railway personnel in the case if it is found that the RTI application was not replied deliberately and with a mala fide intention. A copy of the inquiry report along with the action taken report may be provided to the Commission as well as to the Appellant within a period of two months from the date of receipt of this order.
The Appeal stands disposed accordingly.
(Uday Mahurkar) (उदय माहूरकर) (Information Commissioner) (सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित एवं सत्यापित प्रतत) (R. K. Rao) (आर. के. राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 / [email protected] दिनांक / Date: 02.06.2022