Akhilesh Chandra vs Railway Board on 9 April, 2019

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Central Information Commission

Akhilesh Chandra vs Railway Board on 9 April, 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

ि तीय अपील सं या / Second Appeal No. CIC/RAILB/A/2017/165879

Akhilesh Chandra                                         ... अपीलकता/Appellant

                                    VERSUS
                                     बनाम


1. CPIO, M/o. Railways,                                  ... ितवादी /Respondents
(Railway Board),
Rail Bhavan, Raisina Road,
New Delhi- 110001

2. CPIO, M/o. Railways,
Railway Protection Special Force
(RPSF),
HQ, DayaBasti, New Delhi-
110035

3. CPIO, M/o. Railways,
Central Railway, O/o. The
Chief Security Commissioner,
RPF/HQ, C.S.T., Mumbai- 400001

Relevant dates emerging from the appeal:

RTI : 20.04.2017             FA    : 05.06.2017         SA : 19.09.2017

CPIO : Not on record         FAO : Not on record        Hearing : 08.04.2019




                                                                       Page 1 of 4
                                      ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o. Railways, Railway Board, New Delhi seeking information on eight points, including, inter- alia: (i) what was the tenure of Shri S.K. Parhi as Chief Security Commissioner/RPF/South East Central Railway; and (ii) who were posted as Sr. DSCs/DSCs/ASCs in Bilaspur, Raipur and Nagpur divisions of SECR/Bilaspur zone in the year 2011, 2012 and 2013, etc.

2. Being aggrieved with the response given by the CPIO, the appellant filed a second appeal under Section 19(3) of the RTI Act, 2005 before the Commission on the ground that information has not been provided to him. The appellant requested the Commission to direct the respondent to provide complete information to him.

Hearing:

3. The appellant participated in the hearing through video-conferencing. The respondents, Shri Sanjay Kumar Mishra, DIG/RPSF and Ms. Renu P. Chhibber, DIG/R&T were present in person.

4. The respondent submitted their written submissions dated 04.04.2019 and the same has been taken on record.

5. The appellant submitted that his RTI application has only been transferred from one department to another and no information has been provided to him.

6. The respondent submitted that the RTI application dated 20.04.2017 has not been received in their office. The respondent was not aware about the facts of the case. The respondent seeks time to provide point-wise to the appellant.

Page 2 of 4

Decision:

7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that no information has been provided to the appellant till date on his RTI application. The respondent is directed to give point-wise reply/information to the appellant as per his RTI application dated 20.04.2017, within a period of 15 days from the date of receipt of this order. The respondent is further directed to file their written submissions in the matter that as to how they have not received the RTI application of the appellant and on the other hand the appellant submitted that his RTI application was transferred from one department to another.

8. The Deputy Registrar is directed to fix hearing in the matter after 15 days in which the parties are directed to appear before the Commission. Fresh notice of hearing will be issued to all the parties.

9. 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 08.04.2019


Authenticated true copy
(अिभ मािणत स यािपत  ित)




S. C. Sharma (एस. सी. शमा)
Dy. Registrar (उप-पंजीयक)
(011-26105682)




                                                                           Page 3 of 4
 Addresses of the parties:

1. The Central Public Information Officer (CPIO), M/o. Railways, DIG/RPF, (CPIO-88A), (Railway Board), RailBhavan, Raisina Road, NewDelhi- 110001

2. The Central Public Information Officer (CPIO), M/o. Railways, DIG/RPSF & CPIO-91, Railway Protection Special Force (RPSF), Northern Railway, Force Headquarter, No .6BN/RPSF, Dayabasti, New Delhi- 110035

3. The Central Public Information Officer (CPIO), M/o. Railways, PIO, Central Railway, O/o. The Chief Security Commissioner, RPF/HQ, C.S.T., Mumbai - 400001

4. Shri Akhilesh Chandra Page 4 of 4

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