Central Information Commission
Sarfaraz Ali Khan Niyazi vs Railway Board on 23 November, 2021
CIC/RAILB/A/2019/150933
के ीय सचू ना आयोग
Central Information Commission
बाबा गंगनाथ माग,मिु नरका
Baba Gangnath Marg, Munirka
नई िद ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/RAILB/A/2019/150933
In the matter of:
Sarfaraz Ali Khan Niyazi ... अपीलकता/Appellant
VERSUS
बनाम
1.CPIO, ... ितवादीगण /Respondent
/ DD(PG), Ministry of Railway,
Railway Board, (Registration & Coordination),
Room No. 5,RTI Cell, Ground Floor, Rail
Bhawan, New Delhi-110001
2. CPIO,
/ Divisional Railway Manager,
Northeast Frontier Railway, Office of the
Divisional Railway Manager,
Katihar Division, Distt.Katihar, Bihar-854105
Relevant dates emerging from the appeal:
RTI Application filed on : 19.12.2018
CPIO replied on : Not on Record
First Appeal filed on : 26.02.2019
First Appellate Authority order : Not on Record
Second Appeal received on : 22.10.2019
Date of Hearing : 17.09.2021
Page 1 of 6
CIC/RAILB/A/2019/150933
The following were present:
Appellant: Shri Sarfaraz Ali Khan participated in the hearing through video
conferencing from NIC Kishanganj.
Respondent: Smt. Nidhi Kumari, representative of PIO and Chief Commercial
Inspector and Shri Bishwajit Dass, ACM participated in the hearing through video
conferencing from NIC Katihar.
ORDER
Information sought:
The Appellant filed an RTI Application dated 19.12.2018 seeking information on the following one point:
A. "Attested photocopy of all steps action taken report against misguiding submission of Sr. DCM/N.F. Rly./KIR vide Memo No. C/4/1/Misc/JTBS/KNE dated 24.01.2017 (photocopy attached) and its result and thereafter subsequent action taken from the ends of the Chariman/Railway Board duly attested by Principal ED (Vig.)/CVO, Railway Board with his seal / stamp."
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 26.02.2019, 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 that exact information sought in the RTI Application has not been received from the Respondent.
Submissions made by Appellant and Respondent during Hearing:
At the outset, the Appellant requested the Bench to hear Second Appeal File No. CIC/NFRLG/A/2019/116140 listed at serial no. 13 scheduled at 1320 hrs as the subject-matter of all remaining cases arises from the aforesaid case.Page 2 of 6
CIC/RAILB/A/2019/150933 The Commission acceded to the request of the Appellant.
The Commission resumed hearing in the instant matter after hearing the Second Appeal File No. CIC/NFRLG/A/2019/116140 listed at serial no. 13 scheduled at 1320 hrs. The Appellant stated that the RTI Application has only been transferred from GM's Office, Guwahati to Sr. DCM's Office, Katihar but neither of them has provided any reply to him till date.
The Respondent submitted that the instant matter was received by them through online portal. They further submitted that the matter was closed on 15.11.2019 because the subject-matter of the instant RTI Application pertains to the Railway Board, New Delhi. At the instance of the Commission, Smt. Nidhi Kumari submitted that the RTI Application was transferred to the CPIO, Railway Board, New Delhi on 15.11.2019.
A written communication has been sent to the office of Sr. DCM/`KIR cum PIO, N.F. Railway, Katihar from Shri B.B. Pandey, DGMG/CPIO, N.F. Railway, Guwahati vide letter dated 13.09.2021, and the same has been marked to the Commission wherein the Commission has been apprised as under:Page 3 of 6
CIC/RAILB/A/2019/150933 Interim 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 no. 2 has taken nearly 10 months to transfer the instant RTI Application to the concerned custodian of records, which is in clear contravention of the provisions of the RTI Act. The Commission further observes that the Respondent no. 1 has not participated in the hearing despite being served the hearing notice. The Commission takes strong exception of non-attendance of the Respondent no. 1 during the hearing of the instant Second Appeal. The Commission furthermore observes that the Respondent no. 1 has not even provided any reply to the Appellant till date. It also raises doubt that the denial of information is with a mala fide intent.
Therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause notices to the CPIO, M/o. Railway, Railway Board, New Delhi for not participating in the hearing and also not providing any reply to the Appellant as well as to the CPIO/Divisional Railway Manager, Northeast Frontier Railway, O/o. Divisional Railway Manager, Katihar Division, Bihar for Page 4 of 6 CIC/RAILB/A/2019/150933 transferring the instant RTI Application after an inordinate delay of nearly 10 months.
If the onus of not providing information lies with the "then CPIO", the present CPIO of both Respondent no. 1 and Respondent no. 2 shall serve a copy of this decision to the then CPIO and the then CPIO shall explain in writing as to why action should not be initiated against him/her under Section 20(1) and 20(2) of the RTI Act for the foregoing reasons.
The present CPIO of Respondent no. 1 and Respondent no. 2 are directed to ensure that under all circumstances, written submissions of the delinquent CPIO should reach the Commission within 30 days from the date of receipt of this order, failing which ex-parte action may be initiated against the delinquent official/s as well as the present CPIO. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, reserved for final order.
Amita Pandove(अिमता पांडव) Information Commissioner(सचू ना आयु ) िदनांक / Date: 22.11.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पजं ीयक) 011-26105027 Page 5 of 6 CIC/RAILB/A/2019/150933 Addresses of the parties:
1. The First Appellate Authority (FAA) ED (PG), Ministry of Railway, Railway Board, (Registration & Coordination), Room No.-507-A, 5th Floor, Rail Bhawan, New Delhi -110001
2. The Central Public Information Officer / DD(PG), Ministry Of Railway, Railway Board, (Registration & Coordination), Room No. 5, RTI Cell, Ground Floor, Rail Bhawan, New Delhi-110001
3. The Central Public Information Officer, / Divisional Railway Manager, Northeast Frontier Railway, Office of the Divisional Railway Manager, Katihar Division, Distt.Katihar, Bihar-854105
4. Shri Sarfaraz Ali Khan Niyazi Page 6 of 6