Central Information Commission
Hem Singh vs Northern Railway on 23 September, 2021
CIC/NRAIL/A/2019/653760
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/NRAIL/A/2019/653760
In the matter of:
Hem Singh ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Asst. Personnel Officer,
Northern Railway, Office of the Divisional
Railway Manager, Ambala Division,
Ambala, Haryana
Relevant dates emerging from the appeal:
RTI Application filed on : 18.07.2019
CPIO replied on : 13.08.2019 and 19.08.2019
First Appeal filed on : 19.08.2019
First Appellate Authority order : 14.10.2019
Second Appeal received on : 13.10.2019
Date of Hearing : 22.09.2021
The following were present:
Appellant: Absent (despite being served the hearing notice)
Respondent: Shri Jai Singh, DPO, participated in the hearing through video
conferencing from NIC Ambala.
Page 1 of 6
CIC/NRAIL/A/2019/653760
ORDER
Information sought:
The Appellant filed an online RTI Application dated 18.07.2019 seeking information on the following five points:
"I submit application for NOC for my good future given in point (1)
1) (A). 01.10.18 No -49981 for BLIS DEGREE by distance University UPRTOU.
(B). 31.08.18 NO-48697 FOR UPSSSC (C). 21.01.19 NO 54219 FOR CCC CERTIFICATE (D). 18.02.18 NO- 55496 FOR UPSSSC
2) Please indicate the daily progress report made on my all application. When did my application reach which officer, for how long did it stay with that officer and what did he/she do during that period.
3) According to the rules, my NOC should have been made in 30 days.
However, it is more than six months now. Please give the names and designations of the officials who were supposed to take action on my application and who have not done so.
4) What action would be taken against these officials for not doing their work and for causing harassment to the applicant. By when would that action be taken.
5) By when would my NOC For point no (1) A, B, C & D be done now and provide my headquarter at dhuri juction ambala NR."
The CPIO vide online reply dated 19.08.2019, informed to the Appellant as under:
"In reference to application received under RTI act it is informed that require information is a type of grievance and complaint, the matter is not cover under RTI Act being a questionnaire and elligation."Page 2 of 6
CIC/NRAIL/A/2019/653760 Being dissatisfied, the appellant filed a First Appeal dated 19.08.2019, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide certified copy of the information sought for and take appropriate legal action against the Respondent.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice.
The Respondent submitted that with respect to the instant RTI Application, they have provided the reply vide letter dated 13.08.2019 and another reply through online portal on 19.08.2019 to the Appellant and the same are on record. He further added that the Appellant has sought NOC from the Respondent Public Authority on several occasions for appearing in higher grade exams and the same has been replied/issued to the Appellant promptly. Upon being quizzed by the Commission whether the First Appeal has been adjudicated by the First Appellate Authority, the Respondent while replying in affirmative explained the Commission that the same was adjudicated on 14.10.2019 and further submitted that they have enclosed a copy of First Appellate Authority order dated 14.10.2019 in their written submission. In the absence of the Appellant, the Commission cannot ascertain the factum of truth whether the Appellant has received the same or not.Page 3 of 6
CIC/NRAIL/A/2019/653760 A written submission has been received by the Commission from Shri Jai Singh, Divisional Personnel Officer/APIO, vide letter dated 17.09.2021, wherein the Commission has been apprised 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 the Respondent public authority has not provided a categorical reply to the Appellant till date. The Commission admonishes the Respondent for merely treating the instant RTI Application as a grievance/complaint/clarification and thereby flouting the provisions of the RTI Act. Therefore, the Commission deems it expedient to direct the Respondent to provide relevant, specific and point-wise reply to the Appellant, with a copy marked to the Commission, within 10 days from the date of receipt of this order.Page 4 of 6
CIC/NRAIL/A/2019/653760 Hence, the Commission also deems it fit to direct the Respondent to send a copy of the written submission dated 17.09.2021 along with all the relevant enclosures to the Appellant, within 10 days from the date of receipt of this order. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove(अिमता पांडव) Information Commissioner(सूचना आयु ) दनांक / Date: 23.09.2021 Page 5 of 6 CIC/NRAIL/A/2019/653760 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) ADRM, Northern Railway, Office Of The Divisional Railway Manager, Ambala Division, Ambala, Haryana
2. The Central Public Information Officer /Asst. Personnel Officer, Northern Railway, Office of The Divisional Railway Manager, Ambala Division,Ambala, Haryana
3. Shri Hem singh Page 6 of 6