Central Information Commission
Ashok Kumar vs Railway Board on 6 February, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi -110067
िशकायत सं या / Complaint No. CIC/RAILB/A/2017/181669/C
ि तीयअपील सं ा / Second Appeal No. CIC/RAILB/A/2017/178056
ि तीय अपील सं या / Second Appeal No. CIC/RAILB/A/2018/118848
ि तीय अपील सं या / Second Appeal No. CIC/RAILB/A/2018/127895
Ashok Kumar ..िशकायतकता/ Complainant/
...अपीलकता /Appellant
VERSUS
बनाम
CPIO, M/o. Railways, ... ितवादी /Respondent
(Railway Board), New Delhi.
ORDER
िशकायत सं या / Complaint No. CIC/RAILB/A/2017/181669/C
1. Relevant dates emerging from the complaint:
RTI : 09-06-2016 FA : 21-07-2016 Complaint : 25-10-2016 CPIO : 29-08-2016 FAO : No Order. Hearing : 04.02.2019
2. The complainant filed an application dated 09-06-2016 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer Page 1 of 7 (CPIO), M/o. Railways, Railway Board, New Delhi seeking action taken on the complainant's letter dated 23.05.2016 regarding non-compliance of CIC order dated 29.04.2016 in appeal no. CIC/RM/A/2014/000928 viz. copy of 24 documents as mentioned in the CIC order dated 29.04.2016 and reasons for not uploading the aforesaid documents.
ि तीयअपील सं ा / Second Appeal No. CIC/RAILB/A/2017/178056
3. Relevant dates emerging from the appeal:
RTI : 13-12-2016 FA : 29-07-2017 SA : 18-11-2017 CPIO : No Order FAO : No Order. Hearing : 04.02.2019
4. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o. Railways, Railway Board, New Delhi seeking certified copy of documents/records forming part of the draft reply based on the notesheet dated 26.09.2012 which was put up before the competent authority.
ि तीय अपील सं या / Second Appeal No. CIC/RAILB/A/2018/118848
5. Relevant dates emerging from the appeal:
RTI : 01-11-2017 FA : 30-12-2017 SA : 22-03-2018
CPIO : No Order FAO : No Order. Hearing : 04.02.2019
Page 2 of 7
6. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o. Railways, Railway Board, New Delhi seeking certified copy of documents which were submitted to the Central Information Commission in respect of CIC hearing notice dated 29.05.2017 vide no. CIC/AB/A/2016/000396 along with copies of complete documents pertaining to the case file.
ि तीय अपील सं या / Second Appeal No. CIC/RAILB/A/2018/127895
7. Relevant dates emerging from the appeal:
RTI : 01-11-2017 FA : 30-12-2017 SA : 03-05-2018 CPIO : No Order FAO : No Order. Hearing : 04.02.2019
8. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o. Railways, Railway Board, New Delhi seeking information w.r.t. his enclosed petition dated 03.10.2017 & the timeline of furnishing information.
9. The appellant filed the aforesaid complaint/second appeals under Sections 18 and 19(3) of the RTI Act, 2005 before the Commission on the ground that the CPIO did not provide him complete information as sought by him in his RTI application(s) inspite of Commission's earlier orders and therefore, legal action should be initiated against the CPIO for not providing the 24 documents referred in the notesheet dated 26.09.2012 which was put up before the competent authority regarding compliance of the CIC order dated 11.09.2012 in decision no. CIC/AD/C/2012/001161.
Page 3 of 7 Hearing:
10. The appellant/complainant, Mr. Ashok Kumar participated in the hearing through video conferencing. Mr. Neeraj Kumar, DEN/2, CPIO and Ms. Nirmala Rawat, ASO, Railway Board, New Delhi participated in the hearing representing the respondent in person.
11. Both the parties agreed to hearing of these cases together as these pertain to same set of information. Hence, these cases are being treated as second appeals and clubbed together to be disposed by this common order. The written submissions are taken on record.
12. The appellant submitted that he is seeking certified copy of the documents referred to in the notesheet dated 26.09.2012 which has been put up as a draft before the competent authority to ensure compliance of the CIC order dated 11.09.2012 in decision no. CIC/AD/C/2012/001161. Further, he informed this Commission that in order to seek compliance of the aforesaid order of the CIC, he has been filing many RTI applications with the respondent, but he has not received the correct and verified copy of the documents till date. He also stated that on the same subject matter, the CIC had made the following observations in order no.
CIC/VS/A/2015/000539-AB dated 06.10.2017:-
"During the hearing the appellant submitted that the then CIC sent direction to railway authorities for compliance of the order dated 11.09.12 in file no. CIC/AD/C/2012/001161. He also submitted that he had made payment for photocopying charges which were sought from him by the Page 4 of 7 concerned CPIO for procuring 24 pages of the concerned record but the copies of the relevant records were not provided to him by the respondent. The respondent was not present despite valid notice. The Commission took a serious note of the CPIO's absence. The respondent CPIO is directed to furnish 24 pages of the relevant records in regard to which the necessary photocopying charges were reimbursed by the appellant as per his submission during the hearing in the CIC, within a period of 7 days from the receipt of this order. A compliance report with proof of despatch of the said information to the appellant shall be submitted thereafter to the Commission for record."
13. The respondent submitted that the appellant has been filing numerous RTI applications on the same subject matter. Therefore, they are unable to explain these cases RTI-wise, as the relevant records are jumbled together and mixed up. Further, they agreed to send the certified copy of the documents (which may be 24 or more as sought by the appellant) referred to in the notesheet dated 26.09.2012 which was put up before the competent authority as a draft for compliance of the CIC order dated 11.09.2012 in decision no. CIC/AD/C/2012/001161. Decision:
14. This Commission, after hearing the submissions of both the parties, observed that the representatives of the respondents are not fully prepared and unable to explain their position, RTI application-wise. Their own admission that Page 5 of 7 the files are jumbled reflects poor record keeping far from being satisfactory. The records should be accessible RTI application-wise to logically explain their case before the Commission and it is in the larger public interest that every file/record(s) should be maintained properly, archived securely and indefinitely or for the prescribed retention period. This poor state of record keeping is perilous for proper implementation of the RTI Act and detrimental to ensure the accountability of the public authority to every stakeholder of the society. The public authority should review and improve their system of record keeping and should refrain from pleading it as a justification for non-compliance.
15. The representatives of the respondent were not fully acquainted with the present case and the Commission views it seriously. The Commission is of the view that the CPIO should explain within 15 days as to why penalty should not be imposed on him for his failures of not presenting the facts and documents of the case properly and should appear himself on the next hearing.
16. The CPIO is directed to send copy of the documents referred to in the notesheet dated 26.09.2012 which was put up before the competent authority as a draft to ensure compliance of the CIC order dated 11.09.2012 in decision no. CIC/AD/C/2012/001161, within 15 days from the date of receipt of this order.
17. With the above observations, these appeals are disposed of. Page 6 of 7
18. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
सूचना आयु )
Information Commissioner (सू
दनांक / Date 04.02.2019
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा)
Dy. Registrar (उप-पंजीयक)
(011-26105682)
Addresses of the parties:
1. The Central Information Officer,
M/o. Railways, (Railway Board),
RTI Cell, Room No.-507,
5th Floor, New Delhi-110001
2. Ashok Kumar
3. The FAA,
M/o. Railways, (Railway Board),
Rail Bhavan, Raisina Road,
New Delhi- 110001
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