Ashwin Shukla vs West Central Railway on 5 March, 2019

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Central Information Commission

Ashwin Shukla vs West Central Railway on 5 March, 2019

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/WECRL/C/2017/136357

Ashwin Shukla                                         ...िशकायतकता/Complainant


                                    VERSUS
                                     बनाम


1. CPIO, M/O. Railways, West                              ... ितवादी /Respondent
Central Railway, Jabalpur, M.P.



Relevant dates emerging from the complaint:

RTI : 20-01-2016            FA    : 15-09-2016          Complaint: 29-05-2017

CPIO : 22-04-2016           FAO : 02-11-2016            Hearing: 28-02-2019


                                    ORDER

1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/O. Railways, West Central Railway, Jabalpur, M.P. seeking following information on seven points regarding the vigilance investigation & the DAR proceedings initiated against him:-

"a) Certified copy of the closure advice issued by Railway Board Vigilance consequent to passing of final order by the DA in the DAR case against Shri Ashwin Shukla

b) Certified copy of the vigilance investigation report which led to the DAR action on Shri Ashwin Shukla.

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c) Certified copies of all correspondence between Zonal Railway, Railway Board and CVC, including internal notings within these organizations and other documents regarding vigilance investigations which led to the DAR action on Shri Ashwin Shukla.

d) Certified copy of all notings and correspondence between Zonal Railway, Railway Board and CVC, including internal notings within these organizations and other documents regarding DAR action on Shri Ashwin Shukla.

e) Certified copies of various complaints/representations received by Zonal Railway, Railway Board and CVC regarding this case or DAR action in this case.

f) Certified copies of various references received from Honourable Ministers, Ministers of State, MPs, MLAs etc. regarding this case or DAR action in this case.

g) Certified copies of various complaints/representations/other correspondence received by Railway Board or WCR regarding transfer, .posting or other service matters and issues connected thereto, of Shri C. L Meena (Then SSE/Sib./Construction Kota & Now SSE/Sig./Control Kota), Shri V.KSharma (Then DSTE/Wks, DSTE/Spl.Wrks. Kota, DSTE/Wks. BPL & Now ESTE/Proj./HQ /JBP), Ashwin Shukla (Then Sr.DSTE(Co.) Kota & Now Dy.

CSTE(P&D)/HQ JBP) and Shri K. S. Krishnakumar (Then CSTE/WCR & Now CSTE/WR) from CY 2008 till date."

2. As the CPIO had not provided the requested information within a period of 30 days, the complainant filed the first appeal dated 15-09-2016 which was disposed of by the first appellate authority on 02-11-2016. Thereafter, he filed a complaint u/Section 18 of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act. Hearing:

3. The complainant, Mr. Ashwin Shukla participated in the hearing through video conferencing. Mr. Anil Tiwari, APIO participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.

4. The complainant stated that he is satisfied with the given information.

However, for delay in furnishing the information, appropriate legal action should be initiated against the CPIO u/Section 20 of the RTI Act.

5. The respondent informed the Commission that they have already furnished the sought for information as available in their records to the complainant vide their letter dated 24.12.2018 in compliance with the CIC order no.

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CIC/WECRL/A/2017/136359 dated 26.02.2018 and 27.11.2018. The given reply was also read out by the respondent.

Decision:

6. This Commission observed that due information, as available in records, has been provided to the complainant. However, there is delay in responding to the RTI application and therefore, the CPIO is hereby issued a warning for future to be careful and not to contravene the provisions of the RTI Act, 2005.

7. With the above observations, the complaint is disposed of.

8. 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 28.02.2019

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 CPIO, M/O. Railways,
      D.G.M. & PIO, West Central Railway,
      General Manager's Office, (RTI Cell),
      Jabalpur, M.P.-482001.

2.    Ashwin Shukla




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