Central Information Commission
Akhilesh Chandra vs Railway Board on 22 October, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/RAILB/A/2018/112419
Akhilesh Chandra ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, M/O. Railways, ... ितवादीगण /Respondent
DD(PG) & CPIO,
Registration & Co-Ordination, (RTI
Cell), Railway Board,
Room No. 5, (GF), Rail Bhavan,
Raisina Road,
New Delhi-110001.
2. CPIO, M/O. Railways,
DIG/RPSF & CPIO-91,
Railway Protection Special Force,
Northern Railway, Force
Headquarter, No. 6
Bn,/RPSF/Dayabasti,
New Delhi-110035.
Relevant dates emerging from the appeal:
RTI : 10-03-2017 FA : 27-09-2017 SA : 23-02-2018
CPIO : 15-09-2017 FAO : 07-11-2017 Hearing : 18-10-2019
Page 1 of 4
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/O. Railways, Railway Board, New Delhi seeking information pertaining to transfer ad posting policy of the Railway Administration/Security Directorate, Railway Board; transfer and posting of RPF Group 'A' Officers over Indian Railways- Divisions, Zones; whether North Frontier Railway Zone considered a difficult posting area for posting of a Group 'A' Officer as compared to other Zones/Areas of the Indian Railways; name, designation/rank, place of posting with tenure in chronological orders of all RPF Group 'A' officers from 1980 till the date of RTI Application etc. through 21 points.
2. The CPIO responded on point nos. 18 and 21 vide their letter dated 15.09.2017. The appellant filed the first appeal dated 27-09-2017 which was disposed of by the first appellant authority on 07.11.2017. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to provide the sought for information in the RTI Application. Hearing:
3. The appellant, Mr. Akhilesh Chandra attended the hearing through video conferencing. Mr. S.C. Krishna, DS (E)/Spl. RB; Mr. Ashwini Kumar, SO/E(O) III; Mr. Ashwini Agnihotri, Director, RPF and Mr. Ashish Dangwal, ASC/P&TS participated in the hearing representing the respondent in person. The written submissions are taken on record.
4. The appellant stated that he is not satisfied with the reply of the CPIO dated 15.09.2017 stating that the information sought is hypothetical in nature.
5. The respondent informed the Commission that they have already furnished the sought for information on point nos. 1 to 7 of the RTI application as available in their records to the appellant vide their letter dated 30.08.2017. He further submitted that the information sought on point nos. 8, 10, 12 and 13 of the RTI application has already been provided to the Appellant by the O/o the General Manager (P), Maligaon, Guwahati vide their letter dated 12.09.2017.
6. The appellant interjected to state that the O/o. Directorate General is having the power to make all the orders and accordingly centralized posting are done.
7. The respondent in response explained the Commission that although the orders are being given by the O/o. Directorate General, the same are circulated to the concerned Division/Zones which are not centrally maintained and Page 2 of 4 collection/collation of the same shall disproportionately divert the resources of the public authority as enumerated under Section 7(9) of the RTI Act. Decision:
8. This Commission on the basis of the perusal of the facts on record as well as the proceedings during hearing observes that largely the information sought in the present RTI application is clarificatory and non-specific in nature. However, this Commission directs the respondent to provide available, relevant and specific information on point nos. 17, 18 and 19 of the RTI application to the appellant within 30 days from the date of receipt of this order.
9. With the above observations, the appeal is disposed of.
10. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date 18-10-2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 4 Addresses of the parties:
1. The CPIO, M/O. Railways, DD (PG) & CPIO, Registration & Co-Ordination, (RTI Cell), Railway Board, Room No. 5, GF, Rail Bhavan, Raisina Road, New Delhi-110001.
2. The CPIO, M/O. Railways, DIG/RPSF & CPIO-91, Railway Protection Special Force (RPSF), Northern Railway, Froce HQ, No. 6BN/RPSF/Dayabasti, New Delhi-110035.
3. Mr. Akhilesh Chandra Page 4 of 4