Abhay Kumar Jain vs North Central Railway on 26 November, 2019

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Central Information Commission

Abhay Kumar Jain vs North Central Railway on 26 November, 2019

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/NCRAL/A/2018/119284

Abhay Kumar Jain                                           ... अपीलकता/Appellant

                                  VERSUS
                                   बनाम


CPIO, M/o. Railways, North                                 ... ितवादी/Respondent
Central Railway, Jhansi.

Relevant dates emerging from the appeal:

RTI : 09-10-2017             FA    : 02-12-2017         SA: 26-03-2018

CPIO : 20-11-2019            FAO : 22-12-2017           Hearing: 21-11-2019

                                    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, North Central Railway, Jhansi seeking information regarding provision of sliding boom locking arrangement at interlocked LC gates in Jhansi division w.r.t. M/s Balaji Engineering, including, inter-alia, copies of the orders, inward & outward registers, etc.

2. The CPIO responded on 20-11-2019. The appellant filed the first appeal dated 02-12-2017 which was disposed of by the first appellate authority on 22-12- 2017. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information.

Page 1 of 4

Hearing:

3. The appellant, Mr. Abhay Kumar Jain attended the hearing through video conferencing. Mr. Amit Goyal, SDSTE participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.

4. The appellant stated that the respondent should be directed to provide him a copy of the LOA including any written instructions/directions given to M/s Balaji Engineering. Further, he also sought for a copy of the inward & outward register along with a copy of the order relating to nomination of supervisor for execution of the work. In addition, he requested for supplying a copy of the chart/table pertaining to measurement of work, testing and processing of payment as indicated on point no. 5 of the RTI application.

5. The respondent agreed to provide a copy of the LOA to the appellant including any written instructions/directions given to M/s Balaji Engineering. Further, they submitted that the appellant has not sought copy of any specific inward & outward register and therefore, they may permit the appellant to take photo copies of the specific documents at the time of inspection. They also agreed to send a revised reply to the appellant in respect of point nos. 4 and 5 of the RTI application pertaining to nomination of supervisor, maintenance of chart/table relating to measurement of work, testing, processing of payment etc. Decision:

6. This Commission directs the respondent to furnish a copy of the LOA to the appellant including any written instructions/directions given to M/s Balaji Engineering, within a period of 15 days from the date of receipt of this order. The respondent is also directed to permit an opportunity of inspection to the appellant of the inward and outward register with reference to the RTI application, within a period of 15 days from the date of receipt of this order. The appellant should also be permitted to take photo copies of these documents in the available format on payment of charges. The inspection should be allowed on the mutually convenient date and time as decided by the parties.

7. Further, it is observed that the reply sent by the respondent on point nos. 4 and 5 does not relate to what has been sought and therefore, the CPIO is hereby issued a warning to be meticulous in reading and responding to the queries raised in the RTI application as per the RTI Act, 2005. In view of this, the respondent is directed to provide a revised reply to the appellant in respect of point nos. 4 and 5 Page 2 of 4 of the RTI application as per the RTI Act, 2005, within a period of 15 days from the date of receipt of this order.

8. With the above observations, the appeal is disposed of.

9. 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 21-11-2019

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,
         Sr. DPO & /Nodal PIO,
         North Central Railway, RTI Cell,
         DRM's Office, Personnel Department,
         Jhansi Division, Jhansi, UP



  2.     Abhay Kumar Jain




                                               Page 4 of 4

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