Central Information Commission
Satyajit Patil vs Ministry Of Railways (Railway Board) on 13 May, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/MORLY/A/2023/614865
SATYAJIT PATIL .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO,
Railway Recruitment Board,
Western Railway, Divisional
Office Compound, Mumbai
Central, Mumbai - 400202 ....प्रनर्वािीगण /Respondent
Date of Hearing : 08-05-2024
Date of Decision : 10-05-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12-02-2023
CPIO replied on : 01-03-2023
First appeal filed on : 13-03-2023
First Appellate Authority's order : 14-03-2023
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an RTI application dated 12-02-2023 seeking the following information:
"Traffic Apprentices and Station Masters merged and a combined panel for CEN 03/2015 in pdf format"Page 1 of 3
The CPIO furnished a reply to the Appellant on 01-03-2023 stating as under:
"All panels/results including the desired panel/result available on official website of RRB- Mumbai i.e. https://rrbmumbai.gov.in/result.php "
Being dissatisfied, the appellant filed a First Appeal dated 13-03-2023. The FAA vide its order dated 14-03-2023, held as under:-
"I have gone through your case and found that CPIO has suitably replied to your application vide this office letter dated 01.03.2023, that stands good and sought information is once again furnished as under-
The information pertaining to other candidates is not permissible to provide under RTI Act 2005 in terms of sec 8 (1) (j) being third party information. However, all panels are sent to concerned zonal railway. Regarding joining/Seniority of candidates this data is maintain by Zonal Railway. You can approach concerned Zonal Railway.
Hence it is clear that no information has been denied or withheld from you."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference Respondent: Shri Abdul Rashid, CPIO appeared through video conference The appellant inter alia submitted that he was not satisfied with the reply given by the respondent as complete information was not available on the website.
The respondent while defending their case inter alia submitted that they had already informed the appellant that desired panel/result available on official website of RRB- Mumbai i.e. https://rrbmumbai.gov.in/result.php.
Decision:
The respondent during the hearing showed the website wherein the information as sought by the appellant was available in public domain. The Page 2 of 3 Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the information sought was indeed available in the public domain i.e. https://rrbmumbai.gov.in/result.php.
The RTI Act mandates every public authority to provide maximum information in the public domain through the internet so 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 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 Commission finds that the action of the CPIO is in consonance with the provisions of the RTI Act. That being so, there is no reason in further prolonging the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Chairman, Railway Recruitment Board, Western Railway, Divisional Office Compound, Mumbai Central, Mumbai-400202 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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