Central Information Commission
Ms. Sneha Singh vs Eastern Railway (Kolkata) on 15 January, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No :CIC/ERAIL/A/2022/136087
Sneha Singh .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
Senior Divisional Personnel
Officer, Eastern Railway,
Howrah Division, Howrah,
West Bengal - 711101. ....प्रनर्वािीगण /Respondent
Date of Hearing : 04-01-2024
Date of Decision : 11-01-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 07-02-2022
CPIO replied on : 07-04-2022
First appeal filed on : 22-04-2022
First Appellate Authority's order : 05-05-2022
2nd Appeal/Complaint dated : 22-07-2022
Information sought:
The Appellant filed an RTI application dated 07.02.2022 seeking information regarding Howrah Railway Club situated at 5, Church Road, Howrah-711101:
1. What is the process to rent/lease/letting out of the premises being Howrah Railway Club situated at 5, Church Road, Howrah- 711101?
2. Who maintains the accounts of the Howrah Railway Club situated at 5, Church Road, Howrah- 711101?1
3. Who is in-charge of the administration and process of Howrah Railway Club situated at 5, Church Road, Howrah- 711101?
4. What are the rules applicable for the management and the financial transactions entered into by Howrah Railway Club situated at 5, Church Road, Howrah-711101?
5. How many bookings were received from the month of March 2020 to January 2022?
6. What is the process of cancellation of booking and refund of the booking amount?
7. Who is responsible for overwriting an already issued money receipt and refunding the cheque received for payment against the money receipt?
8. What is the last electricity reading of the premises in the month of January, 2022?
The CPIO furnished a reply to the Appellant on 07.04.2022 stating as under:
"Howrah Railway Officer Club is managed by a committee representing its membership of the Railway Officers by their personal contribution. It runs on membership fees of Railway Officers. As such, as per "Section 8(1) (j) in the RTI Act, 2005, information which relates personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual".
In view of the above, Personal information of third party cannot be provided as per Hon'ble Information Commissioner/New Delhi's Decision vide file No CIC/ERAIL/C/2017/115802/SD dated 10.01.2019, CIC order available in CIC website."
Being dissatisfied, the appellant filed a First Appeal dated 22.04.2022. The FAA vide its order dated 05.05.2022, held as under:-
"Reference above, you have made RTI application dated 07.02.2022, received from CR on 04.04.22 for which you are provided information by Sr. DPO & PIO/ER/Ho received from CR on 04.04.22 wrah dated 07.04.2022.2
The basic contention of your appeal is not receipt of reply furnished by PIO. Accordingly, a copy of reply furnished by PIO s reply is enclosed."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present.
Appellant: Not present.
Respondent: Represented by Shri Ajay Kumar Sah, APO- I present through video-conference.
Appellant remained absent despite prior intimation.
Respondent invited attention of the Commission towards written submission dated 18.12.2023 wherein he inter alia stated as under -
"...The said Railway Club is mainly the Railway Officers' Club and it is managed by a committee representing its membership of the Railway Officers.
2. Accordingly, the subject issue was forwarded to the then concerned Officer viz. Sr. Divisional Electrical Engineer (EMU) & Deemed PIO/ERAIL/Howrah u/s 6 (3) of the RTI Act, 2005 to provide reply to the appellant. Subsequently, reply provided by the concerned Officer vide her letter No ELS/HWH/10/0 (RTI Act) dated 05.04.2022 is as under:-
*Howrah Railway Officer Club is managed by a committee representing its membership of the Railway Officers by their personal contribution. It runs on membership fees of Railway Officers. As such, as per Section 8 (1) (j) in the RTI Act. 2005, information which relates personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual."
xxx
3. In appeal dated 22.04.2022, the appellant clearly mentioned that she had not received any response or information within 30 days of the application. The appeal issue was disposed off by the FAA/ERAIL/Howrah on 05.05.2022 that the basic contention of her appeal is non-receipt of reply furnished by PIO. Accordingly, a copy of reply furnished by PIOs containing 02 pages was again forwarded and the appellant also received the same.
3Thereafter, the appellant did not demand any remark/visit to this office mentioning her specific queries, if any. Booking/ Cancellation / Money receipt of Howrah Railway Officer Club regarding refund of booking Money for any specified premises will be given as per local policy laid down by the said Club.
4. It is pertaining to mention here that regarding Railway Institute/Club there is a Master Circular No. 03/90 (Updated 08/2019) circulated by Railway Board vide Letter No. E (W)/2019/IC 1/2 dated 27.08.2019 which is available in public domain vide Railway Website www.indianrailways.gov.in in details. At the same time, the appellant have to be cleared/specified her requirements (in Items No. 1 and 4) in details.
xxx DA Copy of reply dated 05.04.2022 (Annexure "A") Copy of Master Circular 03/90 (Updated 08/2019) (Annexure "В")"
Decision:
The Commission upon a perusal of records finds no infirmity in the reply furnished by the CPIO as it was as per the provisions of RTI Act.
Notwithstanding the aforesaid, the Commission adversely viewed the absence of the CPIO and instead junior officers far below his rank representing the case. It seems that the CPIO is treating the RTI Law in a cavalier manner which is in complete violation of the spirit of the law. The Commission notes and cautions that in the absence of the original Respondent, an officer equivalent to his level or one step below in hierarchy should represent him with due authority letter in the hearing in future.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011-26181927 Date 11-01-2024 4 Ms. Sneha Singh 178/14, Gulmohar Avenue, Howrah - 711101, West Bengal.5