Central Information Commission
Samir Sardana vs Konkan Railway on 10 September, 2020
CIC/KRAIL/C/2018/637438
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं ा / Complaint No. CIC/KRAIL/C/2018/637438
In the matter of:
Samir Sardana ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO,
Konkan Railway Corporation,
Near Railway Over Bridge,
Ravanfond, Madgaon, Goa ... ितवादीगण /Respondent
Relevant dates emerging from the appeal:
RTI : 24.06.2018 FA : Not on record SA : 11.12.2018
CPIO : 24.07.2018 FAO : Not on record Hearing : 01.09.2020
The following were present:
Complainant: Shri Samir Sardana, heard over the phone.
Respondent: Shri B. G. Ghatage, DGM/P.R., Konkan Railway Corporation,
Madgaon, Goa, heard over the phone
Page 1 of 6
CIC/KRAIL/C/2018/637438
ORDER
Information Sought:
The complainant filed an RTI application on 24.06.2018 and sought information on ten points, including, inter alia -
1) "PIO to confirm that it submitted the Say of the PIO to the FAA w.r.t. the two 1st appeals filed by the appellant from the 01.01.2018 to 01.06.2018.
2) If the answer is yes or in the affirmative, the date of the said Say of the PIO.
3) PIO to confirm that a copy of the Say of the PIO to the FAA w.r.t. the two 1st appeals filed by the appellant from the 01.01.2018 to 01.06.2018, was sent to the appellant by speed post, alongwith the date of dispatch and the speed post coordinates.
4) PIO to provide a certified copy of the Say of the PIO submitted by the PIO to the FAA w.r.t. the two 1st appeals filed by the appellant from the 01.01.2018 to 01.06.2018.
5) PIO to confirm that the contractor used for storage of passenger baggage has the records of baggage storage with the names of the passengers and the PNR numbers in the form of a register of counterfoils of the baggage receipt issued to a passenger - for the period from 01.04.2015 to 01.02.2016.
6) PIO to allow the inspection of the baggage records as stated above for the period from 01.04.2015 to 01.02.2016.
7) PIO to confirm that the contractor is required as per terms of contract with KRC to keep the passenger and PNR wise data of the baggage stored with the KRC - as well as the period of time for which the record is so maintained.
Page 2 of 6CIC/KRAIL/C/2018/637438
8) PIO to confirm that the baggage record of the contractor as referred to above, is keyed into a computer or maintained in an Electronic Format - for the period from 01.04.2015 to 01.02.2016.
9) PIO to confirm that the baggage record of the contractor as referred to above, has ever been audited in the last 6 years.
10) If the answer is yes or in the affirmative, the PIO is to provide the date of the said audit, the audit agency, the year for which the audit was done and the audit report for the said activity."
The CPIO vide letter dated 24.07.2018, responded to the RTI application and gave point wise reply. Being dissatisfied, the complainant had filed the instant complaint.
Grounds for Complaint:
The complainant filed a complaint u/s 18 of the RTI Act on the ground of unsatisfactory reply furnished by the respondent. Complainant requested the Commission to impose penalty and take appropriate legal action against the respondent.
Submissions made by Complainant and Respondent during Hearing:
The Complainant relying on his written submission reiterated that the reply given by the CPIO was baseless. The Complainant further reiterated that he did not file the first appeal on account of the practice of violation of natural justice followed by the FAA in passing the orders. The Complainant submitted that he sought the information in order to defend his case and also to prove the malicious prosecution by the State in an alleged dubious enquiry against the complainant. He further submitted that a negligent and botched investigation was conducted by the State on the planting of incriminating documents in his baggage. It was the contention of Page 3 of 6 CIC/KRAIL/C/2018/637438 the Complainant that due to denial of information by the PIO, the complainant's human right and fundamental rights have been violated. He requested the Commission to convert his present complaint into second appeal and direct the CPIO to provide the sought information alongwith an affidavit deposing that information is not available in the material form. Or in the alternative, the Complainant prayed for the award of compensation and penalty be imposed on the CPIO for not giving proper reply.
A written submission dt. 07.08.2020, filed by the Complainant, was taken on record.
Per contra, the respondent submitted that point wise reply was given by the CPIO. In response to point nos. 1-4 of RTI application, CPIO stated that no Say was submitted to the FAA w.r.t. the two appeals filed by the appellant. On point no. 5 of RTI application, CPIO replied that no material information is available on record. On point no. 6 of RTI application, CPIO stated that records as mentioned in above format are not available. With regard to point no. 7 of RTI application, CPIO stated that as per the terms and conditions of contract agreement, the contractor should keep a register for the passenger information, such as the name of the passenger, contact no., identity card number, came from, PNR number who want to keep luggage/package for the sake of safety. CPIO further stated that the register maintained by the contractor was not having detailed information of passenger. Contractor had been advised to maintain the register as per the terms and conditions of contract agreement. On point no. 8 of RTI application, CPIO stated that baggage record was maintained manually and not electronically or computerized. On point no. 9 of the RTI application, the CPIO stated that the cloak room records were not audited in the last 6 years. On point no. 10, CPIO stated that the said point was not applicable in view of Sl.no. 9 of RTI application.Page 4 of 6
CIC/KRAIL/C/2018/637438 Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, observes that nevertheless pointwise reply to the RTI application was furnished by the CPIO on 24.07.2018 within stipulate time frame. However, with regard to point no. 5 -10 of RTI application, the Commission expresses its displeasure towards the casual approach of Respondent Public Authority in not maintaining the register of baggage records as per the terms of contract and also not carrying out the audit of cloak room records periodically. This merely indicates lack of seriousness and lackadaisical approach of the Respondent Public Authority in discharging its public services. However, taking into account the said aspect of Respondent Public Authority, it cannot be said that the information was malafidely held by the respondent. Hence, in the absence of malafide intention, it would not appropriate to initiate any action for imposition of penalty on the CPIO. The Commission, therefore, in the interest of justice directs Shri B.G. Ghatage, then PIO, KRCL, Madgaon to file an affidavit deposing that the baggage records are not maintained and also auditing of cloak room records was not being done from the past 6 years. A copy of the affidavit shall also be provided to the appellant. The above directions of the Commission shall be complied with, within a period of 15 days from the date of receipt of a copy of this order under the intimation to the Commission.
With the above observations, the complaint is disposed of. Copy of the decision be provided free of cost to the parties.Page 5 of 6
CIC/KRAIL/C/2018/637438 The complaint, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date 01.09.2020 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) Cum Regional Railway Manager, Konkan Railway Corporation, Shirwad, Karwar, Karnataka
2. The Central Public Information Officer (CPIO) Konkan Railway Corporation, Near Railway Over Bridge, Ravanfond, Madgaon, Goa
3. Mr. Samir Sardana Page 6 of 6