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V K Sethu Kumar vs Southern Railway on 7 January, 2022

Author: Uday Mahurkar

Bench: Uday Mahurkar

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

द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/SORLY/A/2020/109971 -UM

Mr.V K Sethu Kumar




                                                                            ....अपीलकताा/Appellant
                                              VERSUS
                                                बनाम



CPIO,
Southern Railway,
Divl Rly Manager's Office,
Personnel Br. Chennai Div., Chennai-03



                                                                            प्रद्वतवादीगण /Respondent



Date of Hearing       :             05.01.2022
Date of Decision      :             06.01.2022

Date of RTI application                                                   11.07.2019
CPIO's response                                                           19.07.2019
Date of the First Appeal                                                  10.09.2019
First Appellate Authority's response                                      Not on record
Date of diarized receipt of Appeal by the Commission                      28.02.2020

                                             ORDER

FACTS The Appellant vide RTI application sought information on 03 points, as under:-

The CPIO vide letter dated 19.07.2019, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The order of the FAA, if any, is not on the record of the Commission.

Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Appellant's Adv. V K Sethu Kumar present through AC, Respondent: Mr. Manish, ADE, present through AC.

The Appellant while reiterating the contents of the RTI Applications stated that he had sought information as to whether the Southern Railway had requested the Greater Chennai corporation, any portion of the waltax Road, between EVR salai and Elephant Gate to provide an exit arrangement in the waltax Road from their existing parcel office in the central Railway station for using it as an entry/exit point. He further stated that no correct reply has been furnished by the Respondent.

The Respondent submitted that vide letter dated 27.08.2018 and 07.10.2019 they had furnished a reply as per record available in their office. The Appellant countered the claim of the Respondent and stated that he has not received any of the above said replies of the Respondent till date. The Page 2 of 3 Appellant requested the Commission to direct the public authority to furnish satisfactory information.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that vide CPIO replies dated 27.08.2018 and 07.10.2019 has not been received by the Appellant. Therefore, the Commission directs the Respondent to furnish a precise and an updated revised reply to the appellant along with the copies above said replies, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the receipt of this order under the intimation to the Commission.

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 द्वदनांक / Date: 06.01.2022 Page 3 of 3