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Central Information Commission

Abhigyan Kumar Gupta vs Rail Vikas Nigam Ltd. on 15 May, 2026

                                के ीय सूचना आयोग
                          Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                           नई िद ी, New Delhi - 110067

File No: CIC/RVNLT/A/2024/646537

Abhigyan Kumar Gupta                                    .....अपीलकता/Appellant

                                        VERSUS
                                         बनाम
C.P.I.O,
Rail Vikas Nigam Ltd.
World Trade Center,
Tower A, 6th to 9th Floor,
Nauroji Nagar, New Delhi - 110 029                       .... ितवादी/Respondent

Date of Hearing                     :    14-05-2026
Date of Decision                    :    14-05-2026

INFORMATION COMMISSIONER :               Swagat Das

Relevant facts emerging from appeal:
 RTI application filed on          :       10-09-2024
 CPIO replied on                   :       25-09-2024
 First appeal filed on             :       27-09-2024
 First Appellate Authority's order :       14-10-2024
 2nd Appeal/Complaint dated        :       20-10-2024

Information sought

:

1. The Appellant filed an RTI application dated 10-09-2024 seeking the following information:

"Description of Information Sought

1. Do RVNL hire a diploma level (equivalent) engineer as Junior engineer or Junior site engineer?

2. Role of Junior Site engineer is basically to supervise site and record in MB?

3. Do RVNL hire a B.Tech or (equivalent) engineer as Assistant engineer or Site engineer on contract basis through Gate Score?

4.Role of Site engineer/SSE/DM/Manager is basically to supervise site and check the measurements as recorded in MB?

5. Do Site engineer/SSE/DM/Manager is given the additional charge of Project Director in case a regular project director is not available?

6. Is Project Director role is to pass and certify the Bill which is checked by Site engineer/SSE/DM/Manager?

7. In any Project execution, there are engineers on three level i.e. initially at Junior Engineer level. Secondly at Assistant Engineer level and thirdly at Executive Engineer level. Do RVNL have Engineers at all three mentioned level?

8. This question is attached in document below

9. This question is in tabular form which is attached in document below"

2. The CPIO furnished a reply to the Appellant on 25-09-2024 stating as under:

""Right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to :-

i) inspection of work, documents, records;

ii) taking notes, extracts or certified copies of documents or records;

iii) taking certified samples of material;

iv obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

In your RTI application, no such information, documents or records have been asked for. As such, it is not possible to give reply to the questions as asked by you."

3. The Appellant filed a First Appeal dated 27-09-2024. The F.A.A vide order dated 14-10-2024 stating as under:

"With reference to your appeal against reply sent by this office, the remarks information sought by you are as under: -

The question is not clear. Hence, Information cannot be provided."

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not Present.

Respondent: Shri P K Mishra, Sr. DGM (HR) present in person.

5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 20.10.2024 is not available on record. Respondent confirms non-service.

6. Written submissions of the Respondent are taken on record and the same is reproduced hereinbelow:

"For the above response made within stipulated time It is evident that the undersigned has no intention to disregard the provisions of the RTI act and has replied to the information sought as per the understanding of the request made by the applicant.

It is humbly submitted that, no information is available on records against the information as sought by the applicant. The questions are mostly related to duties & responsibilities of site engineers which vary from project to project and are not defined in the record of the CPIO. It varies from one Project Implementing Unit (PIU) to another Project Implementing Unit The multiplicity of functions in PIUs which are executing construction projects differ and do not have repetitive duties like operational organisations. Therefore, it is not possible to define a centralised duty list or functions from Corporate office. The construction projects warrant flexibility and as per requirement, various function are assigned to site engineers. The information pertains to various PIUs who have different CPIOs and are not collated or defined in records of this office. Lastly, in absence of any defined document and many a times involving verbal directions, it was not deemed feasible to respond to the sought information.

Since there are no documents stipulating the duties & responsibilities of site engineers, it was replied that the information does not fall under Section 2 (J) of RTI Act.

It is again humbly submitted the undersigned doesn't have any intention to suppress/hide any information in this regard. However, any directions from Hobble CIC will be complied as per extant rules and procedures."

7. Respondent while defending their case inter alia submitted that vide their letter dated 25.09.2024, reply was given to the Appellant informing him factual position in the matter.

Decision:

8. Upon perusal of records and considering the submissions of the Respondent, the Commission observes that the Appellant had sought information largely in the nature of queries, clarifications, explanations and hypothetical propositions.

9. The Commission notes that under the provisions of the RTI Act, only such information can be provided which exists on record and is held by or under the control of the Public Authority as defined under Section 2(f) of the RTI Act. The CPIO is not expected to create information, interpret rules, provide opinions, deductions or answer interrogatories where no specific record exists.

10. The Commission finds no infirmity in the reply of the PIO and the same was found to be in consonance with the provisions of RTI Act.

11. The Appellant is not present to contest the submissions of the Respondent or to substantiate his claims further.

12. No intervention of the Commission is warranted in the matter.

The appeal is disposed of accordingly.

Sd/-

Swagat Das ( ागत दास) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Archana Srivastva) Dy. Registrar 011 - 2610 7040 Date CIC/RVNLT/A/2024/646537 Page 4 of 5 Copy To:

The First Appellate Authority, Rail Vikas Nigam Ltd.

World Trade Center, Tower A, 6th to 9th Floor, Nauroji Nagar, New Delhi - 110 029 Abhigyan Kumar Gupta CIC/RVNLT/A/2024/646537 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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