Central Information Commission
Gopal Prasad Shaw vs Railway Board on 8 April, 2021
CIC/RAILB/A/2019/111557
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/RAILB/A/2019/111557
In the matter of:
Gopal Prasad Shaw ... अपीलकता/Appellant
VERSUS
बनाम
1.CPIO, ... ितवादीगण /Respondent
/ DD(PG), M/o Railway,
Railway Board, (Registration &
Coordination), New Delhi.
2. CPIO
Chittaranjan Locmotive Works,
Po-Chittaranjan, Distt.
Burdwan, West Bengal.
Relevant dates emerging from the appeal:
RTI Application filed on : 20.10.2018
CPIO replied on : Not on Record
First Appeal filed on : 30.11.2018
First Appellate Authority order : Not on Record
Second Appeal Received on : 13.03.2019
Date of Hearing : 07.04.2021
Page 1 of 5
CIC/RAILB/A/2019/111557
The following were present:
Appellant: Shri Surender Prasad Shaw representative of Shri Gopal Prasad Shaw
participated in the hearing through video conferencing from NIC Jamtara.
Respondent: Shri M.M. Rai, CPIO & Director Estt. (N), Railway Board and Shri
D.K. Biswas, DDPG/RTI Cell participated in the hearing through intra-video
conference from Central Information Commission and Shri Ashish Sachan, CPIO
and Dy. CPO(W), Chittaranjan Locomotive Works participated in the hearing
through video conferencing from NIC Jamtara.
ORDER
Information sought:
The Appellant filed an RTI Application dated 20.10.2018 seeking information as under:
"Information of action taken report and order in my petition dated 22.08.2018 which has been transferred/forwarded to the Chairman, Railway Board, Railway Bhawan, New Delhi - 110 001 by the Deputy Secretary, Directorate of Public Grivances, Cabinet Secretariat, New Delhi - 110 001 vide his reference No. DPG/R/2018/81300(2) PG dated 23.08.2018 which is enclosed herewith for ready references. "
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 30.11.2018, which has not been adjudicated by the First Appellate Authority.
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. He requested the Commission to direct the CPIO to provide complete information sought for. He also requested the bench to award Compensation.Page 2 of 5
CIC/RAILB/A/2019/111557 Submissions made by Appellant and Respondent during Hearing:
The Appellant's representative stated that he is not satisfied with the reply provided by the Respondent. He further stated that the reply received from the Respondent was regarding his grievance petition and not in response to the instant RTI Application. He requested the Commission to direct the Respondent to provide proper reply against the present RTI Application.
Shri D.K. Biswas submitted that initial reply was sent to the Appellant on 12.10.2018, wherein the Appellant was requested to submit proper IPO. He further submitted that the Appellant on 22.10.2018 submitted a fresh IPO in an appropriate manner and accordingly, the RTI Application was registered on 23.11.2018 Shri M.M. Rai submitted that the RTI Application as well as the present First Appeal was transferred to Chittaranjan Locomotive Works (CLW) with a direction to provide information directly to the Appellant vide letters dated 06.12.2018 & 01.01.2019 respectively.
Shri Ashish Sachan submitted that they had received the RTI Application on 11.12.2018 and in response, a reply was provided to the Appellant on 22.03.2021.
Upon queried by the Commission as to why there was a such a delay in replying to the instant RTI Application, he most repentantly explained that no document was made available to him at the material time, as the concerned deemed PIO alongwith other APO's sitting in the GM(P)'s office building had to shift their respective chambers thrice, consequent to which, many of the papers and files was inter-mingled. He further explained that the First Appeal was disposed off vide letter darted 23.03.2021.
Page 3 of 5CIC/RAILB/A/2019/111557 A written submission has been received by the Commission from Shri M.M. Rai, CPIO & Director Estt. (N), Railway Board vide letter dated 22.03.2021, wherein he has apprised the trajectory of the instant RTI Application.
A written submission has been received by the Commission from Shri Ashish Sachan, CPIO and Dy. CPO(W), Chittaranjan Locomotive Works vide letter dated 25.03.2021, wherein he has informed the Commission regarding the backdrop of the Appellant's representation dated 22.08.2018 and the reply dated 22.03.2021 alongwith relevant enclosures.
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 an exhaustive reply has been provided to the Appellant, the same was done after an inordinate delay. The Commission expresses severe displeasure against the conduct of the concerned CPIO, Chittaranjan Locomotive Works, Chittaranjan. In view of the above, the Commission strictly warns the present CPIO, Chittaranjan Locomotive Works, Chittaranjan that in future, he shall ensure that replies to all the RTI Applications will be holistically sent to the applicants in adherence to the provisions of the RTI Act. 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: 07.04.2021 Page 4 of 5 CIC/RAILB/A/2019/111557 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) /ED (PG), M/o Railway Railway Board, (Registration & Coordination), Room No.-507-A, 5Th Floor, Rail Bhawan, New Delhi -110001
2. The Central Public Information Officer, / DD(PG), M/o Railway, Railway Board, (Registration &Coordination), Room No. 5, RTI Cell, Ground Floor, Rail Bhawan, New Delhi-110001
3. The Central Public Information Officer, Chittaranjan Locmotive Works, Po-Chittaranjan, Distt. Burdwan, West Bengal-713331
4. Shri Gopal Prasad Shaw Page 5 of 5