S. C. Khanna vs Northern Railway on 8 January, 2020

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Central Information Commission

S. C. Khanna vs Northern Railway on 8 January, 2020

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/NRAIL/A/2018/133078

S. C. Khanna                                                  ... अपीलकता/Appellant

                                  VERSUS
                                  बनाम

CPIO, M/o. Railways, Northern                                 ... ितवादी/Respondent
Railway, Ferozepur.


Relevant dates emerging from the appeal:

RTI : 20-02-2018             FA     : 21-03-2018           SA:24-05-2018
CPIO : 19-03-2018, 26-
                             FAO : Not on record           Hearing: 07-01-2020
03-2018 & 23-12-2019

                                     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, Northern Railway, Ferozepur seeking information regarding certain train accident case and grant of safety award.

2. The CPIO responded on 19-03-2018, 26-03-2018 & 23-12-2019. The appellant filed the first appeal dated 21-03-2018 which was not disposed of by the first appellate authority. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information.

Hearing:

3. The appellant, Mr. S. C. Khanna attended the hearing through video conferencing. Mr. Satbeer Singh, ADMM and Mr. S. P. Singh Bhatia, DOM Page 1 of 4 participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.

4. The appellant stated that the respondent should be directed to clarify as to which rule is applicable in case of train accident.

5. The respondent submitted that in case of accident, inquires are conducted in accordance with the provisions of the Indian Railway Accident Manual. Further, they contended that the enquiry report is a confidential document on the basis of which D&AR proceedings are initiated against the defaulter railway staff and hence, disclosure of such enquiry may lead to serious repercussions on service matter of the defaulter staff. Moreover, they submitted that 'safety award' is granted at the discretion of the competent authority based on the merit of each case. In this regard, they have already furnished their replies to the appellant thereby indicating factual position in the matter with reference to the RTI application vide their letters dated 19-03-2018, 26-03-2018 & 23-12-2019. The given replies were also read out by the respondent.

Decision:

6. This Commission observed that the action/steps taken by the respondent in responding to the RTI application is satisfactory, as they have already furnished a reply to the appellant thereby indicating factual position in the matter vide letters dated 19-03-2018, 26-03-2018 & 23-12-2019 as per the RTI Act, 2005. Further, this Commission observes that the CPIO is not obliged to provide clarification/interpretation of rules to the appellant in terms of the judgment of the Hon'ble Supreme Court of India in CBSE and Anr. Vs. Aditya Bandopadhyay and Ors, 2011 (8) SCC 497,wherein, it was held as under:-

"35...It is also not required to provide 'advice' or 'opinion' to an applicant, nor required to obtain and furnish any 'opinion' or 'advice' to an applicant. The reference to 'opinion' or 'advice' in the definition of 'information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act."

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

Page 2 of 4

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 07-01-2020

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 CPIO
      M/o. Railways,
      Sr. DMM & Nodal CPIO,
      Northern Railway, RTI Cell,
      DRM's Office, Ferozepur Division,
      Ferozepur Punjab- 152001



   2. S. C. Khanna




                                          Page 4 of 4

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