Central Information Commission
Sandeep Mehta vs Northern Railway on 17 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/NRAIL/A/2023/643929
Sandeep Mehta .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Office of the Divisional
Railway Manager, Northern
Railway, Railway Colony,
Paharganj, New Delhi - 110055 .... ितवादीगण /Respondent
Date of Hearing : 08.01.2025
Date of Decision : 17.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 22.08.2023
CPIO replied on : 25.08.2023
First appeal filed on : 28.08.2023
First Appellate Authority's order : 30.08.2023
2nd Appeal/Complaint dated : 09.09.2023
Information sought:
The Appellant filed an RTI application dated 22.08.2023 (online) seeking the following information:Page 1 of 5
"A) Please provide attested authenticated information regarding allotment of M 55 to myself in reference application moved on 7.1.2023 and forwarded to DRM/DLI on 20.1.2023 by CMS/DLI The M55 Quarter is non-pooled earmarked for doctor and is under so called temporary allotment cum possession of ADSTE/GZB since 2014 while successive doctors posted since 2014 have been denied allotment to the quarter despite requests for the same Pls provide attested information on duration of temporary in so called temporary allotment cum possession.
As a legal notice is underway to competent authorities allotting the above quarter please provide attested genuine information on above subject matter.
B) Please provide attested information on my reimbursement appeal dated preferred at the offices of CMS/DLI on 7.1.2023 through proper channel.
C) Please provide attested information on my reimbursement case dated 10.6.2023 preferred at the offices of ACMS/Aryanagar HU on 10.6.2023 (e-office case number 195671 8149499) and sent to CMS/OLI on through proper channel D) Please provide attested information on my representation dated 17.7.2023 addressed to Secretary, Railway Board regarding non- payment of several dues by Moradabad division, Northern Railway. preferred at the offices of on CMS/DLI on through proper channel Please provide chronological action taken by competent authorities and the as on date status of representation with competent authorities le presently where the representation is, with which competent authority (as on date of filing RTI Application) E) Please provide attested information on my representation regarding salary issues preferred at office of CMS/DLI on through proper channel and forwarded to APO(Bills) on 1.8 2023 regarding non payment of TA of November 2022 and January 2023,coneyance allowances of June 2023 and arrears of annual & PG allowances wef 1.4.2023 F) Please provide attested information on number of LAP & HLAP as of date of filling the RTI application"
Page 2 of 5The CPIO furnished a reply to the Appellant on 25.08.2023 stating as under:
"The case is not pertaining to us the nodal officer has summitted the case to concerned branch the reply of which would be given in due course, hence case is disposed off."
Being dissatisfied, the appellant filed a First Appeal dated 28.08.2023. The FAA vide its order dated 30.08.2023, held as under:
"RTI name not given."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri Bhagwan Singh Meena, CPIO-cum-APO, Shri Rohtash Kumar, Chief Office Superintendent. Ms. Vanishta, Office Superintendent, Dr. Ashok Bansal, Senior DMO, Ms. Anita Negi, Junior Clerk and Shri Pramod Kumar, Chief Office Superintendent, attended the hearing in person.
The Appellant did not participate in the hearing.
Dr. Ashok Bansal, Senior DMO, submitted that point No. A), B) and C) of the RTI Application pertains to their office and accordingly a pointwise reply was given to the Appellant vide letter dated 29.09.2023, stating as under:
"In reference to the above dated online RTI, the para wise reply of information soughed by you is as below:-
Para No 1: The information about Rly. quarter M-55, in hard copy with all acknowledgement is attached herewith for your kind information at s. no 1 to 20. Para No2: Kindly provide complete detail about the file and also provide e-office file no of reimbursement appeal dated 07.01.2023.
Para No3: Information regarding your reimbursement cases 195671 and 149499, the letters are attached herewith at s. no 21 & 22.
Para No 4: Application has been sent to DRM/DLI on 18/07/2023 with the approval of CMS/DLI placed at s. no 23.
Para No 5: Application dated 01.08.2023 regarding Non-Payment of TA was send to APO/Bills on dated 01.08.2023 vide e-office no 1416039 placed at s. no. 24.Page 3 of 5
Para No 6: LAP & HLAP of Officers maintained in office of Sr. DFM/DLI.The record is always forwarded to the office of Sr. DFM to be filed in the personal service record of the officer, hence the applicant is requested to get the attested copy from the competent authority i.e. Sr. DFM The office of the CMS/DLI has no authority to access the confidential record of the officers's and employees. Hence the CMS/DLI is not the competent authority to issue the attested and certified copies of any officers or employee which is confidential and custodian of the service record."
Shri Bhagwan Singh Meena, CPIO-cum-APO, submitted that point No. D) and E) of the RTI Application pertains to their office and the relevant information based on available records were provided to the Appellant vide letter dated 15.09.2023, stating as under:
"In reference to your RTI application cited above, information asked by you regarding item no. D & E are as under:-
D) Payment of dues pertaining to Moradabad division already been paid to you in the month of June-2023 salary after receiving of vetting from Moradabad division. E) Information asked by you does not fall under the ambit of RTI Act-2005 being grievance although payment will be made as per extant rules."
A written submission has been received from Senior Divisional Engineer, vide letter dated 27.12.2024, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"In reference to above subject. RTI application Registration no. NRDLD/R/T/23/02276/1. di 22.08.2023. The item no. 1 is concerned to this office, which reply is as under:-
Item no. 01: The concerned letters are being enclosed in reference to proceeding of your application moved on 07.01.2023 and 20.01.2023 by CMS."
Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that the relevant information based on available records has been provided to the Appellant vide letters dated 15.09.2023 and 29.09.2023 except for point No. F) of the RTI Application.
Therefore, the Commission deems it fit to direct Shri Bhagwan Singh Meena, CPIO-cum-APO, to obtain the relevant information on point No. F) of the RTI Application from the concerned custodian of the records by invoking the Page 4 of 5 provisions of Section 5 (4) of the RTI Act and provide the same to the Appellant within four week from the date of receipt of this order. Before parting with the case, the Commission observes that the Appellant has uploaded the First Appellate Authority's order of some other RTI Application in this case and accordingly he is cautioned to remain careful in future.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
THE FAA, Office of the Divisional Railway Manager, Northern Railway, Railway Colony, Paharganj, New Delhi - 110055 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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