Central Information Commission
Digambar Mahadev Gaikwad vs Central Railway on 20 November, 2020
CIC/CRAIL/A/2018/174255
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/CRAIL/A/2018/174255
In the matter of:
Digambar Mahadev Gaikwad
......अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादीगण /Respondent
/ Dy CE ( Const),
Central Railway,
Jalgaon,
Maharashtra
Relevant dates emerging from the appeal:
RTI : 27.06.2018 FA : 30.09.2018 SA : 27.12.2018
CPIO : 24.07.2018 FAO : 01.11.2018 Hearing : 18.11.2020
The following were present:
Appellant: Advocate S. Devre, Representative, heard through video conferencing.
Page 1 of 6
CIC/CRAIL/A/2018/174255
Respondent: Shri Rahul agarwal, Dy. CE/Bhusawal, Central Railway, Jalgaon,
Maharashtra, heard through video conferencing.
ORDER
Information Sought:
The appellant filed an online RTI application on 27.06.2018 seeking information on four points, including;
1. Provide a copy of reply of Dy. CPO Const. to Dy. CE Const. BSL letter No. Dy. CE Const. BSL. ANU dated 28.03.2001.
2. Provide a copy office order of Dy. CE Const. BSL closing the Nasik Road Construction depot and transferring last incumbent of the post of DSK Const. Nasik Road Shri N.B. Pagare to BSL.
3. Provide a copy seniority list of first batch of casual labours of then DSK Const. NKRD who were sent for medical examination for giving temp. status.
4. Provide the copies of all the correspondence exchanged between Dy. CE Const. and CAO Const. CSMT and also other agencies on the subject of request of Smt. Laxmibai Mahadev Gaikwad for giving compassionate appointment to her son namely Digambar M. Gaikwad in Railway reason for calling information Public interest.
The CPIO, vide letter dated 24.07.2018, provided the appellant an opportunity to inspect the relevant records against all points. Being dissatisfied, the appellant filed first appeal dated 30.09.2018. FAA, vide order dated 01.11.2018, again provided the appellant an opportunity to inspect the relevant records.
Page 2 of 6CIC/CRAIL/A/2018/174255 Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of unsatisfactory reply furnished by the respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant's representative submitted that in compliance of the CPIO's reply and FAA's order, the appellant visited the respondent's office twice for inspecting the relevant records. However, the copies of the Muster Roll, as found during inspection, were not provided to him by the concerned official. Due to the non- supply of muster rolls, the appellant's application for appointment on compassionate grounds was rejected by the Hon'ble Railway Minister. Moreover, the respondent also, with malafide intent, did not produce the same before the Hon'ble Railway Minister. He further submitted that in response to the appellant's another RTI application, the respondent had furnished false information by stating that the aforesaid muster rolls have been destroyed as per the Record Retention Schedule followed by them. He requested the Commission to direct the respondent to provide a copy of the aforesaid muster rolls containing the details of the appellant's father, as found during inspection, to the appellant. On being queried as to whether the appellant wants another opportunity to inspect the records, the appellant's representative replied in negative.
The written submissions dated 05.11.2020 filed by the appellant were taken on record.
The respondent submitted that an appropriate reply on point nos. 1 and 4 has been furnished to the appellant vide reply dated 01.11.2018 whereby he was informed Page 3 of 6 CIC/CRAIL/A/2018/174255 that information sought vide point no. 1 is not available in their office as the same is beyond the preservation period. Further, on point no. 4, the appellant was informed that no such correspondences have been made. On being queried as to why inspection was offered if the information sought was beyond preservation period, the respondent submitted that the inspection was offered in general to the appellant to enable him to search and obtain documents relevant to his case. He further submitted that the appellant, during his inspection, came across the L.T.I register, a copy of which has already been furnished to the appellant in response to his another RTI application. He further submitted that Muster rolls have not been sought for vide the RTI application in question.
Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, concedes the request of the appellant and directs the respondent to once again make due efforts to thoroughly search the respondent's database to trace the muster rolls containing the details of appellant's father, Late Shri Mahadev Bhawanro, Store Khalasi and any other records pertaining to the RTI application in question and furnish the same to the appellant. In case, the respondent is unable to trace the relevant records he shall file an affidavit with the Commission deposing the reasons for non-availability of the aforesaid records. 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.
With the above observations, the appeal is disposed of.Page 4 of 6
CIC/CRAIL/A/2018/174255 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: 18.11.2020 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA), Central Railway, O/o the Divisional Railway Manager, Bhusawal Division, Bhusawal, Distt: Jalgaon, Maharashtra-425201
2. The Central Public Information Officer (CPIO) / Dy CE ( Const), Central Railway, Office of the Dy CE ( Const), Bhusawal Division, Bhusawal, Distt. Jalgaon, Maharashtra-425201 Page 5 of 6 CIC/CRAIL/A/2018/174255
3. Shri Digambar Mahadev Gaikwad, Page 6 of 6