Central Information Commission
Hira Lal Barman vs Eastern Railway (Kolkata) on 12 February, 2020
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
निकायतसंख्या / Complaint No. CIC/ERAIL/C/2018/137270
Hira Lal Barman ...निकायतकताग/Complainant
VERSUS
बनाम
The CPIO, M/o. Railways, Eastern ...प्रनतवािीगण/Respondent
Railway, Kolkata, W. B. -700001.
CPIO, M/O. Railways, Railway
Board, New Delhi-110001.
Relevant dates emerging from the complaint:
RTI : 12-02-2018 FA : 12-03-2018 Complaint : 13-06-2018
CPIO : 08-03-2018,
FAO : 09-05-2018 Hearing : 11-02-2020
23-01-2020
ORDER
1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o Railways, Eastern Railway, Kolkata, W.B. seeking information on two points pertaining to the train - Matribhumi Local (Ladies special) and Section 58 of the Indian Railway Act, 1989, including, inter-alia;
"A. Please supply following information (eight points) regarding entire train reserved for the ladies i.e. Matribhumi Local (Ladies special):Page 1 of 4
1. How many ladies special (EMU local) trains are running in Sealdah division as well as Howrah division along with the particular scheduled time of departure from terminal station,
2. Whether ladies special local trains are introduces with the conformity of Indian Railways Act, 1989,
3. If yes, please give the reference of section of Indian Railways Act, under which the entire local train has been reserved for ladies as identified by name Matribhumi Local (Ladies special), etc. B. As per the provision of Section 58 of Indian Railway Act, 1989, one compartment or some births or seats can be reserved for exclusive use of female, but in West Bengal, entire local train is reserved for exclusive use of females. In this connection, information (four points) may please be provided as under:
1. Whether the provision of Section 58 has been amended accordingly for initiation of reservation of entire train for exclusive use of female,
2. If yes, please provide the gazete notification of the amendment of the said section, etc."
2. The CPIO responded on 06.03.2018. The complainant filed the first appeal dated 12.03.2018 which was disposed of by the first appellate authority on 09.05.2018. Thereafter, he filed a complaint u/Section 18 of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act.
Hearing:
3. The complainant was not present despite notice. The respondent, Shri V.K.Sinha, DD/Coaching, Shri Krishan Pal, DD/TG-I, and Shri Sandeep Kumar, Inspector/CCMC/RTI Cell, M/o Railways, Railway Board, New Delhi attended the hearing in person. The respondent, Smt. Diana Bala, PIO, M/o Railways, Eastern Page 2 of 4 Railway, Kolkata, W.B. attended the hearing through video conferencing. The written submissions are taken on record.
4. The respondent, PIO, Eastern Railway, Kolkata submitted that the information sought, pertaining to Eastern Railway, Kolkata has already been furnished to the complainant vide letter dated 08.03.2018. The respondent, DD/Coaching, Railway Board, submitted that due to oversight, inadvertently no reply in response to information sought on point nos. 1 to 4 of Para B, pertaining to Railway Board, could be provided to the complainant. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same. The respondent further stated that on receipt of the Notice of Hearing, a reply in response to point nos. 1 to 4 of Para B of the RTI application has been provided to the complainant vide letter dated 23.01.2020.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that although information has been provided to the complainant there has been a considerable delay in providing the same on the part of the Railway Board, New Delhi. Moreover, the respondent, DD/Coaching, Railway Board has not been able to demonstrate a reasonable cause for the delay.
The CPIO, Railway Board, New Delhi, is, therefore, issued a warning to be more careful in future, so that such lapses do not recur.
6. With the above observations, the complaint is disposed of.
7. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta (नीरजकु मारगुप्ता) Information Commissioner (सूचनाआयुक्त) दिनांक / Date :-11-02-2020 Page 3 of 4 Authenticated true copy (अनिप्रमानणतसत्यानितप्रनत) S. C. Sharma (एस. सी. िमाग), Dy. Registrar (उि-िंजीयक), (011-26105682) Addresses of the parties:
1. The CPIO M/o. Railways, Dy. COM (CHG.) & PIO, Eastern Railway, GM's Office, HQ, Fairlie Place, 17, Netaji Subhash Road, Kolkata-700001, WB.
2. The CPIO M/o. Railways, DD(PG) & CPIO, Registration & Co-Ordination, RTI Cell, Railway Board, Room No. 5, (GF), Rail Bhavan, Raisina Road, New Delhi-110001.
3. Mr. Hira Lal Barman Page 4 of 4