Central Information Commission
Girish Prasad Gupta vs East Central Railway (Hajipur) on 3 December, 2021
CIC/ECRHJ/A/2019/162452
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/ECRHJ/A/2019/162452
In the matter of:
Girish Prasad Gupta ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Divisional Railway Manager
(Commercial), East Central
Railway Sonpur,
Post- Sonpur841101
Relevant dates emerging from the appeal:
RTI Application filed on : 09.09.2019
CPIO replied on : Not on Record
First Appeal filed on : 14.10.2019
First Appellate Authority order : Not on Record
Second Appeal received on : 29.12.2019
Date of Hearing : 03.12.2021
The following were present:
Appellant: Shri Girish Prasad Gupta participated in the hearing upon being
contacted on his telephone.
Respondent: Shri Mrutyunjay Kumar, APIO and Asst. Commercial Manager/TC
participated in the hearing through video conferencing from NIC Sonpur.
Page 1 of 4
CIC/ECRHJ/A/2019/162452
ORDER
Information sought:
The Appellant filed an RTI Application dated 09.09.2019 seeking information on the following three points:
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 14.10.2019, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information from the Respondent. The Appellant requested the Commission to direct the CPIO to provide point-wise information sought for and take appropriate legal and disciplinary action against the Respondent. He also requested the bench to grant an award of compensation.Page 2 of 4
CIC/ECRHJ/A/2019/162452 Submissions made by Appellant and Respondent during Hearing: The Appellant stated that he has received the reply after 25 months. He claimed that the reply provided by the Respondent is backdated reply. Upon queried by the Commission as to on what basis he is claiming that the reply sent by the Respondent is a backdated reply, he could not provide a cogent reply.
The Respondent submitted that appropriate reply has been provided to the Appellant. He further submitted that they ensure that all the replies/communications under the provisions of the RTI Act are sent/dispatched through registered post only.
Shri Mrutyunjay Kumar, APIO and Asst. Commercial Manager/TC, Sonpur vide letter dated 23.11.2021 informed the Appellant as under:
A copy of the same has also been uploaded on the Commission's web-portal.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that appropriate reply has been Page 3 of 4 CIC/ECRHJ/A/2019/162452 provided by the Respondent and the same is upheld. Moreover, the Appellant's claim that the reply sent by the Respondent is backdated is baseless and that the said claim is nothing but a presumption. Hence, the Commission finds no further scope of intervention in the instant matter. 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: 03.12.2021 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, Divisional Railway Manager, East Central Railway Sonpur, Post- Sonpur- 841101, Saran
2. The Central Public Information Officer Divisional Railway Manager (Commercial), East Central Railway Sonpur, Post- Sonpur841101
3. Mr. Girish Prasad Gupta Page 4 of 4