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Anil Gupta vs Northern Railway Firozpur on 9 June, 2022

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                      के न्द्रीयसच
                                                 ू नाआयोग
                          Central Information Commission
                                    बाबागगं नाथमागग,मुननरका
                           Baba Gangnath Marg, Munirka
                            नईनिल्ली, New Delhi - 110067

द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/NRALF/A/2021/619835-UM



Mr. Anil Gupta

                                                                     ....अपीलकताा/Appellant

                                        VERSUS
                                          बनाम

CPIO,
Northern Railway DRM Office,
Firozpur Division, Firozpur - 152001

                                                                 ....प्रद्वतवादीगण /Respondent

Date of Hearing     :            07.06.2022
Date of Decision    :            09.06.2022



Date of RTI application                                              05.01.2021
CPIO's response                                                      18.01.2021
Date of the First Appeal                                             05.02.2021
First Appellate Authority's response                                 12.02.2021
Date of diarized receipt of Appeal by the Commission                 Nil



                                       ORDER

FACTS The Appellant vide RTI application sought information, as under:-

The Northern Railway, Firozpur vide letter dated 18.01.2021, transfer the RTI application to Sr. DFM / FZR. The FAA vide order dated 12.02.2021, dispose off the First Appeal. Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: The appellant attended the hearing. Respondent: The respondent Shri Vipin Purohit, ACM, NR Firozpur attended the hearing.

The Appellant reiterated the contents of the RTI application and submitted that no reply has been furnished to the appellant by the CPIO. The Respondent present during the hearing submitted that a suitable response vide letter dated 11.06.2021 in accordance with the provisions of the RTI Act, 2005, had already been furnished to the Appellant.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties and after perusal of the documents available on record, the Commission directs the Respondent to thoroughly search the information and furnish a complete and correct Page 2 of 3 reply to the Appellant within a period of 21 days from the date of receipt of this order under the intimation to the Commission.

If the respondent is unable to find the information even after a thorough search then he is directed to furnish an affidavit before the commission with a copy to the appellant stating the reasons for the non-availability of the information. The respondent will be open to the charge of perjury and contempt of the Court from the appellant if he furnishes a false affidavit.

The Appeal stands disposed accordingly.

(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 ं / Date: 09.06.2022 द्वदनाक Page 3 of 3