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Central Information Commission

Indresh Mani vs North Eastern Railway (Gorakhpur) on 10 September, 2020

                                                  CIC/NERLG/A/2018/147627

                                 के ीय सचू ना आयोग
                      Central Information Commission
                               बाबागगं नाथमाग,मिु नरका
                       Baba Gangnath Marg, Munirka
                        नईिद ली, New Delhi - 110067

ि तीयअपीलसं या / Second Appeal No. CIC/NERLG/A/2018/147627

In the matter of:

Indresh Mani                                             ... अपीलकता/Appellant




                                    VERSUS
                                      बनाम



 CPIO,                                                    ... ितवादीगण /Respondent
 North Eastern Railway,
 Chief Security Commissioner,
 Railway Protection Force,
 Distt Gorakhpur,
 Uttar Pradesh



Relevant dates emerging from the appeal:

 RTI : 16.04.2018           FA    : 25.05.2018            SA      : 31.07.2018

 CPIO : 22.05.2018          FAO : 27.06.2018              Hearing :07.08.2020




                                                                      Page 1 of 4
                                                      CIC/NERLG/A/2018/147627

The following were present on 07.08.2020:

Appellant: Absent

Respondent: Dr. S.K.Saini, CSC, North Eastern Railway, Railway Protection
Force, Distt Gorakhpur,Uttar Pradesh, heard over the phone

                                    ORDER

Information Sought:

The appellant filed an RTI application on 16.04.2018, seeking copy of the rule under which Head Constables who came on transfer on their own request from RPSF & Foreign Railways, have been promoted as ASIs, superseding the applicant- overriding Rule 99(2) of RPF Rules, 1987 and DG/RPF's Standing Order No. 102.
The CPIO, vide letter dated 22.05.2018, denied information on the ground that the appellant had not furnished the details of the staff or their batch no, who came on their own request for transfer and were promoted. Being dissatisfied, the appellant filed first appeal dated 25.05.2018. FAA, vide order dated 27.06.2018, upheld the CPIO's reply.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of unsatisfactory information from the respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing on 07.08.2020:
The appellant remained absent during the hearing.
Page 2 of 4
CIC/NERLG/A/2018/147627 The written submissions dated 12.05.2020 and 23.07.2020, filed by the respondent, were taken on record.
Interim Decision:
The Commission notes that the Notice of Hearing, issued to the appellant has been returned undelivered. In view of this, in the interest of justice, the Commission, hereby, adjourns the matter. The Commission directs the Registry of this Bench to issue a fresh Notice for Hearing to the parties concerned. Copy of the interim decision be provided free of cost to the parties.
The matter is, hereby, adjourned.
Amita Pandove (अिमता पांडव) Information Commissioner (सच ू ना आयु ) िदनांक / Date: 07.09.2020 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पजं ीयक) 011-26105027 Page 3 of 4 CIC/NERLG/A/2018/147627 Addresses of the parties:
1. The First Appellate Authority (FAA) cum Sr. Deputy General Manager, North Eastern Railway, Distt Gorakhpur, Uttar Pradesh
2. The Central Public Information Officer (CPIO), North Eastern Railway, Chief Security Commissioner, Railway Protection Force, Distt Gorakhpur, Uttar Pradesh
3. Shri Indresh Mani Page 4 of 4