Central Information Commission
Ajay Kumar Singh vs Railway Board on 28 August, 2020
CIC/RAILB/A/2018/159659
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/RAILB/A/2018/159659
In the matter of:
Ajay Kumar Singh ... अपीलकता/Appellant
VERSUS
बनाम
CPIO , ... ितवादीगण /Respondent
Ministry of Railway,
Railway Board, RTI Cell,
(Registration & Coordination),
Room No. 507, 5th Floor,
Rail Bhawan,
New Delhi - 110 001
Relevant dates emerging from the appeal:
RTI : 17.04.2018 FA : 15.06.2018 SA : 28.09.2018
CPIO : 19.08.2020 &
FAO : Not on record Hearing : 25.08.2020
21.08.2020
The following were present:
Appellant: Heard over the phone
Page 1 of 6
CIC/RAILB/A/2018/159659
Respondent: Shri O. N. Sharma, Director CE(B&S), Railway Board, New Delhi
and Shri Pankaj Vishal, General Manager (Tech)/ROB Division, NHAI, New
Delhi, heard over the phone
ORDER
Information Sought:
The appellant filed an RTI application on 17.04.2018, seeking information as under:-
1) एन एच पर बनने वाले ROBs वतमान मानको के अनु सार कम से कम रे ल िसर िकतना फ़ीट ऊँचा, िकतना फ़ीट चोडा तथा ि ज के हर तरफ िकतना ल ा कम से कम होना चािहए। BG लाइन के बारे म जानकारी दान करे ।
2) एन एच पर बनने वाले ROBs जहाँ दोहरी BG लाइन है या ीकृत है से सं बिधत ROBs की ऊंचाई, चौड़ाई, ल ाई की जानकारी वतमान मानको के अनुसार दान करे ।
3) िवधुत इं जन वाले रे लवे लाइन / दोहरी लाइन पर बनने वाले ROBs DLH के बारे म ROBs की ऊंचाई, चौड़ाई, ल ाई ेक साइड की जानकारी मानको के अनुसार दान करने की कृपा करे ।
And other related information.
Having not received any information from the CPIO, the appellant filed first appeal dated 15.06.2018. FAA's order, if any, is not available on record.
Page 2 of 6CIC/RAILB/A/2018/159659 Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the Act on the ground of non-receipt of information 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 submitted that no information has been furnished to him by the respondent till date.
The respondent, Shri O. N. Sharma, submitted that the appellant, vide letter dated 19.08.2020, has been informed against point nos. 1 - 4 that the information sought for is available in public domain. Further, the link to the relevant website has also been furnished to the appellant vide the above noted reply. In response to a query with regards to the delay in responding to the RTI application, the respondent submitted that post of the earlier PIO and FAA are no more operational after cadre restructuring, conducted in April, 2020. Thus, the records pertaining to the receipt and disposal of the RTI application in question by the earlier PIO could not be traced.
The appellant contented that hard copies of the relevant rules/guidelines may be furnished to him.
The written submissions dated 19.08.2020, filed by Director CE(B&S), Railway Board, were taken on record.
The respondent, Shri Pankaj Vishal, submitted that the appellant's RTI application was transferred to their office by Railway Board on 21.08.2020 and a categorical reply on point no. 5 was furnished to the appellant on the same date. He further Page 3 of 6 CIC/RAILB/A/2018/159659 submitted that in case the appellant desires to obtain information pertaining to any particular project, the appellant may approach the relevant authority with the details of the said project.
The written submissions dated 21.08.2020, filed by General Manager (Tech)/ROB Division, NHAI, were taken on record.
The written submissions dated 10.08.2020, filed by DD/RTI Cell, Railway Board, were taken on record.
Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, observes that the information sought by the appellant vide point nos. 1 - 4 is available on the website of the department. The RTI Act mandates every public authority to provide as much information to the public, including through internet, as possible, so as to ensure that the public have minimum resort to the use of the RTI Act to obtain information. Further, once information has been provided in public domain and is available on the website, the information is no longer held by or under the control of any public authority and hence, is no longer accessible as 'right to information'. Thus, the action of the CPIO, Railway Board is in consonance with the RTI Act.
The Commission, further, observes that although information has been provided to the appellant, there has been a considerable delay in furnishing the same. The Commission takes a very serious view of this lapse. The public information officers are entrusted with the responsibility of providing information to the citizen under the RTI Act. It is expected that the CPIO on receipt of a request shall as expeditiously as possible, provide the information sought for by the applicant. In Page 4 of 6 CIC/RAILB/A/2018/159659 this case, the CPIO did not discharge his responsibility properly. Merely stating that the records pertaining to the RTI could not be traced due to the change in post clearly indicates a lack of seriousness and a lackadaisical approach to matter relating to RTI. The Commission, therefore, would like to counsel the then CPIO as well as the current CPIO, Shri O. N. Sharma, Railway Board, New Delhi to be more careful in future so that such lapses do not recur and that the provisions of the RTI Act are implemented in letter and spirit.
With the above observations, the 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 25.08.2020 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) Ministry of Railway, Railway Board, RTI Cell, (Registration & Coordination), 5th Floor, Rail Bhawan, New Delhi - 110 001 Page 5 of 6 CIC/RAILB/A/2018/159659
2. The Central Public Information Officer Ministry of Railway, Railway Board, RTI Cell, (Registration & Coordination), Room No. 507, 5th Floor, Rail Bhawan, New Delhi - 110 001
3. Mr. Ajay Kumar Singh Page 6 of 6