Central Information Commission
Sumen Roy vs Northeast Frontier Railway (Guwahati) on 2 March, 2021
CIC/NFRLG/A/2019/105151
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/NFRLG/A/2019/105151
In the matter of:
Sumen Roy ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Northeast Frontier Railway,
O/o Divisional Railway Manager
(C), Lumding, Hojai, Assam.
Relevant dates emerging from the appeal:
RTI : 30.03.2017 FA : 18.12.2018 SA : 05.02.2019
CPIO Reply: 24.04.2017 FAO : Not on Record Hearing : 26.02.2021
The following were present:
Appellant: Shri Sumen Roy participated in the hearing through video
conferencing from NIC Karimganj.
Respondent: Shri Tailendra Dalukdar, Asst. Commercial Manager participated in
the hearing through video conferencing from NIC Nagaon.
Page 1 of 5
CIC/NFRLG/A/2019/105151
ORDER
Information sought:
The Appellant filed an RTI Application dated 30.03.2017 seeking information on pertaining to B.G. conversion at Karimganj Railway Station / Junction at Dag No. 6053 (Old), 1414 (New) & Dag No. 1308 & eviction thereof. He specifically sought as under:
1) Kindly furnish, whether the N.F. Railway Authority vacate the encroachment of vast land under existing Karimganj Railway Station / Junction vide Dag No. 6053 (old), 1414 (New) & adjacent Dag No. 1308, totaling more than 45 bighas and availed the same land for the purpose of Broad Gauge conversion? If not, why the Authority did not vacate encroachment of vast land totaling area of more than 45 bighas of land. Give reason.
2) Kindly furnish, whether, the N.F. Railway Authority left any portion untouched at the time of vacating encroachment at existing Karimganj Railway Station /Junction for the purpose of Broad Gauge convertion where it necessary to vacate encroachment for Broad Gauge convertion & Extension or Development of Karimganj Railway Station / Junction ? If yes, why the concern authority left any portion untouched?
3) Kindly furnish, what amount is received as a monthly rent for Axis Bank ATM Counter near Railway Gate vide Dag No. 6053 (Old), 1414 (New) where the amount is deposit?
4) Kindly furnish, whether, any reason to shift existing Kalimaganj Railway Station / Junction? If yes, show proper reason.
5) Kindly furnish, whether, N.F. Railway Authority examined the standard of work/ test of materials as per technical specification at New Karimganj Railway Station / Junction at Bhatgram near bye-pass ? If yes, give details.
6) Kindly furnish, whether test report of materials be done like Tillah Soil, Tor Steel, Mild Steel, Sand, Chips/ Crusher Stone, Cement etc ? If so, furnish all test report. If not, why rot to obtained / done ?
7) Kindly furnish, whether, how many times is required to shunt the engine at present and also previously ?Page 2 of 5
CIC/NFRLG/A/2019/105151 The CPIO vide letter dated 24.04.2017, informed to Appellant as under:
"It is to inform that you have deposited registration fee Rs.10 only through Indian Postal Order bearing No.21F 381709, dated 21.02.2017 Payable in favour of CPIO/CAPIO, O/o The D.R.M., Lumding, Nowgaon instead of FA & CAO/Maligaon. You are therefore, requested to resubmit the correct IPO in favour of FA&CAO/N.F. Rly/ Maligaon at earliest to avoid unnecessary delay of sending your reply. However, your request for the RTI information is under process."
In compliance with the advice/suggestion of the CPIO, the Appellant filed a fresh IPO on 02.05.2017 and re-submitted the RTI Application dated 30.03.2017. The CPIOs on 19.07.2017, 03.08.2017, 29.08.2017 provided information to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 18.12.2018, which has not been adjudicated by the First Appellate Authority.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of incomplete and misleading information provided by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for and take appropriate legal action against the respondent.
Submissions made by Appellant and Respondent during Hearing:
At the instance of the Commission as to whether the instant matter pertains to State Government or not, he replied in negative.
The Appellant stated that he has received several letters from the Respondent, who have actually not addressed the main issue in question. He further stated that he is not satisfied with the aforesaid replies of the Respondent. At the instance of the Commission as to on what point of the RTI Application he is not satisfied, he replied that on point no. c(iii) and c(iv) of the RTI Application, the Respondent has not provided any reply to him till date.Page 3 of 5
CIC/NFRLG/A/2019/105151 The Respondent submitted that on point no. c(iii) of the RTI Application, the Appellant was informed vide letter dated 29.08.2017 that as per the office record of Commercial Department, there is no Axis Bank ATM counter near Railway Gate vide Dag no. 6053(Old), 1414(New) at Karimganj Railway Station. He further submitted that on point no. c(iv) of the RTI Application, the Appellant has been informed vide letter dated 03.08.2017 as under:
"Existing Karimganj Railway Station Junction is not shifted at all, rather, a new junction station, namely 'New Karimganj' has been constsructed in between Bhanga and existing Karimganj Railway Stations with a provision of By-pass line towards Agartala to save at least 30 minutes running time of every train and to save approx. 90-120 minutes detention of goods train for Loco & Brake Van reversal at Karimganj station."
A written submission has been received by the Commission from Shri Ashok Kumar Dey, CPIO/Sr. Divisional Commercial Manager, Northeast Frontier Railway, Lumding vide letter dated 24.02.2021, wherein he has informed the Commission regarding the revised replies provided to the Appellant on 11.02.2021, 17.02.2021, 18.02.2021 and 23.02.2021.
A written submission has been received by the Commission from the Appellant vide letter dated 15.02.2021, wherein he has narrated the facts and circumstances of the instant case as well as the dissatisfaction over the information provided by the Respondent.
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 Respondent has provided appropriate information to the Appellant. The Commission finds no infirmity in the reply of the Respondent public authority. Hence, the Commission finds no reason for further adjudication in the instant matter.Page 4 of 5
CIC/NFRLG/A/2019/105151 With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमतापांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 02.03.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Northeast Frontier Railway, O/o Divisional Railway Manager (C), Lumding, Hojai, Assam- 782447
2. The Central Public Information Officer, Northeast Frontier Railway, O/O Divisional Railway Manager (C), Lumding, Hojai, Assam- 782447
3. Shri Sumen Roy Page 5 of 5