Mayadhar Behera vs East Coast Railway (Bhubaneswar) on 16 January, 2020

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Central Information Commission

Mayadhar Behera vs East Coast Railway (Bhubaneswar) on 16 January, 2020

Bench: Neeraj Kumar Gupta

                              के न्द्रीय सूचना आयोग
                       Central Information Commission
                           बाबा गंगनाथ मागग,मुननरका
                        Baba Gangnath Marg, Munirka
                        नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/ECRBH/A/2018/135212

Mayadhar Behera                                            ... अपीलकताग/Appellant

                                    VERSUS
                                     बनाम

The CPIO, M/o Railways, East                            ...प्रनतवािीगण /Respondent
Coast Railway, Khurda, Odisha -
752050 .


Relevant dates emerging from the appeal:

RTI : 21-02-2018            FA    : 16-04-2018           SA       : 04-06-2018

CPIO : 09-03-2018           FAO : 25-04-2018             Hearing : 14-01-2020

                                   ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o Railways, East Coast Railway, Khurda, Odisha seeking information on two points pertaining to one Shri Late Managobinda Naik who was employed in Railway as passenger driver under C.C. Bhadrak, including;

"1. The absentee statement of the above noted person from October, 2007 to December, 2007 may be provided, and

2. Whether the termination order published from Sr. D.P.O Office on 10.10.2007 was served to the legal heirs of the employee? If yes, provide the acknowledged copy of either of the son or the wife. If sent through post, the Page 1 of 3 registration number and the date may be provided. The Mustar Roll of Shri Late Managobinda Naik, Dr(P) Loco-BHC from October 2007 to December 2007 may be provided."

2. The CPIO responded on 09.03.2018. The appellant filed the first appeal dated 16.04.2018 which was disposed of by the first appellate authority on 25.04.2018. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information.

Hearing:

3. The appellant was not present despite notice. The respondent, Shri Ranjan Mohanty, Sr. Divisional P.O., M/o Railways, East Coast Railway, Khurda, Odisha attended the hearing through video conferencing. The written submissions are taken on record.

4. The respondent submitted that an appropriate reply, as per the provisions of the RTI Act, 2005, has already been provided to the appellant vide letter dated 09.03.2018. The respondent further submitted that the FAA vide order dated 25.04.2018 upheld the reply of the CPIO. Hence, no further information remains to be provided to the appellant.

Decision:

5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that an appropriate response has been provided to the appellant by the respondent. Hence, there are no grounds to interfere with the order of the FAA dated 25.04.2018. Thus, no further intervention of the Commission is required in the matter.

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6. With the above observations, the appeal is disposed of.

7. Copy of the decision be provided free of cost to the parties.

Neeraj Kumar Gupta (नीरज कु मार गुप्ता) Information Commissioner (सूचना आयुक्त) दिनांक / Date :- 14-01-2020 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. C. Sharma (एस. सी. शमाग), Dy. Registrar (उप-पंजीयक), (011-26105682) Addresses of the parties:

1. The CPIO, M/o Railways, Sr. DPO & Nodal PIO, East Coast Railway, DRM'S Office, Khurda Road Division, At & PO-Jatni, Distt. Khurda, Odisha - 752050.

2. Mr. Mayadhar Behera Page 3 of 3

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