Central Information Commission
S C Khanna vs Northern Railway Firozpur on 1 December, 2021
CIC/NRALF/C/2019/157301
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/NRALF/C/2019/157301
In the matter of:
S C Khanna ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Senior Divisional Material
Manager, Northern Railway,
Office of the Divisional Railway
Manager, Firozpur Division,
Firozpur (Punjab)- 152001
Relevant dates emerging from the Complaint:
RTI Application filed on : 11.07.2019
CPIO replied on : Not on Record
First Appeal filed on : 26.08.2019
First Appellate Authority order : Not on Record
Complaint received on : 27.11.2019
Date of Hearing : 12.11.2021
The following were present:
Complainant: Shri S.C. Khanna participated in the hearing through video
conferencing from NIC Jalandhar.
Respondent: Shri Jai Bhagwan Singh, DFM, along and Shri Abhijeet Gupta, APO,
participated in the hearing through video conferencing from NIC Ferozepur
Page 1 of 6
CIC/NRALF/C/2019/157301
ORDER
Information Sought:
The Complainant filed an RTI application dated 11.07.2019 seeking information on the following three points:
1) "Why revised pension + arrear (not given).
2) Amount is about Rs. 1,00,000/-
3) Who will you interest @ 18% in Court."
Having not received any information from the CPIO, the Complainant filed a First Appeal dated 26.08.2019, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Complaint:
The Complainant filed a Complaint u/s 18 of the RTI Act on the ground of non- receipt of information from the Respondent.
Submissions made by Complainant and Respondent during Hearing:
The Complainant submitted that he has not received any reply from the Respondent qua the instant RTI Application within stipulated time frame as per the provisions of RTI Act.
The Respondent submitted that they have received the instant RTI Application along with the First Appeal on 06.11.2019 and accordingly they have provided a reply to the Complainant vide letter dated 14.01.2020. He further added that they have never reduced the pension of the Complainant and moreover, revised PPO has been issued on 28.05.2021 and the same has also been conveyed to the Complainant vide letter 03.11.2021. Upon being queried by the Commission what Page 2 of 6 CIC/NRALF/C/2019/157301 was the reason for not receiving the instant RTI Application in the first instance and thereafter why no reply has been given to the Complainant within stipulated time frame, the Respondent submitted that due to some technical glitch, the instant RTI Application could not be received and replied in time. The Commission orally directed to upload a written explanation for the same on the link of the registry of the Commission. The Respondent replied in affirmative.
A written communication has been sent to the Complainant from Shri Jai Bhagwan Singh, DFM cum PIO, Northern Railway, Firozpur, vide letter dated 03.11.2021 and the same has been marked to the Commission, wherein the Complainant has been Apprised as under:
A written submission has been sent to the Complainant from the office of DPO cum CPIO, Northern Railway, Firozpur, vide letter dated 03.11.2021 and the same has been marked to the Commission, wherein the Complainant has been Apprised as under:Page 3 of 6
CIC/NRALF/C/2019/157301 The contents of letter dated 14.01.2020, sent to the Complainant from the office of DPO & DPIO/N. Rly, Firozepur, are as under Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that despite being given an oral direction by the Commission to upload a written explanation in lieu of the averred technical glitch on the link of the registry, the Respondent did not bother to comply with the Commission's oral direction. The Commission expresses severe displeasure against the conduct of the Respondent and accordingly admonishes them for the same. The Commission strictly cautions the Respondent to be extra careful in future while dealing with the RTI matters. The Commission furthermore observes that the Respondent public authority has not provided any reply to the Complainant within the stipulated time-period, as specified in the RTI Act and has also treated the instant RTI Application and First Appeal in a cavalier manner. The said conduct of the Respondent public authority amounts to gross violation of the provisions of the RTI Act. It also raises a reasonable doubt that the denial of information is with mala fide intent. In view of the above the Commission directs the Registry of this Bench to issue Show Cause Notice to Shri Jai Bhagwan Singh, DFM, seeking explanation as to why action under Section 20(1) and 20(2) of the RTI Act should not be initiated against him.Page 4 of 6
CIC/NRALF/C/2019/157301 A copy of this order is marked to FAA to ensure that a copy of this order is received by Shri Jai Bhagwan Singh.
With the above observations, the Complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The complaint, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date : 01.12.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/NRALF/C/2019/157301 Addresses of the parties:
1. The First Appellate Authority (FAA) /ADRM, Northern Railway, Office of the Divisional Railway Manager, Firozpur Division, Firozpur (Punjab)-152001
2. The Central Public Information Officer (CPIO) /Senior Divisional Material Manager, Northern Railway, Office of the Divisional Railway Manager, Firozpur Division, Firozpur (Punjab)- 152001
3. Mr. S C Khanna Page 6 of 6