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[Cites 4, Cited by 0]

Central Information Commission

Kazi Rubina vs Northern Railway Firozpur on 6 September, 2021

                                                       CIC/NRALF/A/2020/110878

                                  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/NRALF/A/2020/110878

In the matter of:
                                                              ... अपीलकता/Appellant
Kazi Rubina

                                        VERSUS
                                         बनाम

CPIO,                                                       ... ितवादीगण /Respondent
/Senior Divisional Material
Manager, Northern Railway,
Office Of The Divisional Railway Manager,
Firozpur Division, Firozpur (Punjab).

Relevant dates emerging from the appeal:

RTI Application filed on                   :   16.12.2019
CPIO replied on                            :   09.01.2020
First Appeal filed on                      :   21.01.2020
First Appellate Authority order            :   07.02.2020
Second Appeal received on                  :   05.03.2020
Date of Hearing                            :   25.08.2021

The following were present:

Appellant: Smt. Kazi Rubina and her representative/husband Shri Kazi Abdul
Shafi participated in the hearing through video conferencing from NIC Bandra
(East).

Respondent: Shri Vipin Purohit, APIO and ACM and Shri Chirag Singla, ADMM
participated in the hearing through video conferencing from NIC Ferozepur.


                                                                           Page 1 of 4
                                                           CIC/NRALF/A/2020/110878

                                        ORDER

Information sought:

The Appellant filed an RTI Application dated 16.12.2019 seeking information as under:
"Kindly provide the following information of the train no. 11057 (train no. 11057) train Name Amritsar Express starting from CSTM to Amritsar Jn. Which started on dated 30.10.2019.
Please give me inspection of the passenger reservation chart after checking and verification by TTE travelling of 3rd AC Coaches of in this train and provide require certify copy on demand."

Shri Virendra Prasad Bhatt, APIO, Northern Railway, Firozpur vide letter dated 09.01.2020, denied information to the Appellant u/s 8(j) of the RTI Act. Being dissatisfied, the Appellant filed a First Appeal dated 21.01.2020. The First Appellate Authority vide order dated 07.02.2020, informed the Appellant that information had already been provided to him vide letter No. I-STE-70-FZR-2019 dated 09.01.2020 and a copy of the same was also enclosed for reference.

Grounds for Second Appeal:

The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
At the outset, the Commission sought clarification from the representative of the Appellant to clarify why inspection of the passenger reservation chart was sought, he explained that Shri Suneet Patel was travelling in the said train and since he was absent from the duty, he wanted to know the relevant details.
Page 2 of 4
CIC/NRALF/A/2020/110878 The Respondent submitted that since the information sought pertains to three 3rd AC coaches and that a minimum of 190 passengers details are available, the information sought was denied under Section 8(j) of the RTI Act.
A written submission has been received by the Commission from Shri Vipan Purohit, APIO and Asst. Commercial Manager vide letter dated 17.08.2021, wherein he has informed the Commission as under:
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the information sought by the Appellant pertains to personal information of a third party, the same has been denied by citing Section 8(j) of the RTI Act, which is incorrect. The Commission cautions the Respondent to be careful and mindful in future while handling matters pertaining to the RTI Act. Be that as it may, the Commission is satisfied that the information sought is exempt from disclosure under Section 8(1)(j) of the RTI Act. The Commission finds no further scope of intervention in the instant matter.
Page 3 of 4
CIC/NRALF/A/2020/110878 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(अिमता पांडव) Information Commissioner(सूचना आयु ) दनांक / Date: 06.09.2021 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) ADRM, Northern Railway, Office of the Divisional Railway Manager, Firozpur Division, Firozpur (Punjab).
2. The Central Public Information Officer /Senior Divisional Material Manager, Northern Railway, Office Of The Divisional Railway Manager, Firozpur Division, Firozpur (Punjab).
3. Smt. Kazi Rubina Page 4 of 4