Central Information Commission
Nikhil Khurana vs Ministry Of Railways on 8 April, 2021
CIC/MORLY/A/2019/639221
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/MORLY/A/2019/639221
In the matter of:
Nikhil Khurana ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
DTT/CHG & CPIO-21, M/o Railway
Railway Board, New Delhi.
Relevant dates emerging from the appeal:
RTI Application filed on : 02.03.2019
CPIO replied on : 29.03.2019
First Appeal filed on : 02.04.2019
First Appellate Authority order : 24.04.2019
Second Appeal Received on : 29.04.2019
Date of Hearing : 08.04.2021
The following were present:
Appellant: Shri Nikhil Khurana participated in the hearing through intra-video
conference from Central Information Commission.
Respondent: Shri Vivek Kumar Sinha, CPIO-21, Dy. Director/Coaching, Railway
Board participated in the hearing through intra-video conference from Central
Information Commission.
Page 1 of 5
CIC/MORLY/A/2019/639221
ORDER
Information sought:
The Appellant filed an online RTI Application dated 02.03.2019 seeking information on the following four points:
1) "Provide all the copies of Railway board notification for new trains, frequency, increase, extension, new stoppages from 01.01.2019 till date of reply of this RTI.
2) Provide all the noting sheet, zone & division approval, MR approval of all the new stoppages of train that are been provided on experimental basis all over India from 01.01.2019 till date of reply of RTI.
3) Provide the data for new stoppages, new trains, extension from 01.01.2019 to till date of reply of the RTI.
4) Provide the copy of letters of following MPs Churu- Rahul kaswan, Nagaur MP-
C.R.Choudhary, Sikar MP- Swami Sumedanand, Jodhpur MP-Gajendra Singh Shakewat, Ajmer-Jat Sanwar Lal, Chittauurgarh-C.P.Joshi, Sriganganagar-Nihal Chand, JhunJhunu-Santosh Ahlawat, Udaipur-ArjunLalaMeena (all from Rajasthan), Bhiwani-Dharambir Singh, Gurgaon-Rao Inderjit Singh, Hisar- Dushyant Chautala, Haryana CM-Manohar Lal Khattar (All from Haryana), West Delhi-Pravesh Verma, South Delhi-Ramesh Bidhuri.Delhi CM-Arvind Kejriwal (all from Delhi), New Delhi-Smt. Meenakshi Lekhi which addressed to Minister of Railway From May 2014 to till date of reply of RTI and answers replied by MR office, not Transfer to Other dept because other dept not maintain the Records they replied always such type but Minister of Railway Office Maintain the such records due to they replied against the MPs, Letter which Address to Minister of Railway."
The CPIO vide letter dated 29.03.2019 enclosed a letter endorsed by the Coaching Directorate, wherein the Appellant was provided available information on point no. 3 of the RTI Application. On point no. 1 and 2 of the instant RTI Application, the Appellant was informed that the information sought is scattered in various files and would require compilation which would disproportionately lead to diversion of resources as per Section 7(9) of the RTI Act. On point no.4 of the RTI Application, the Respondent provided adequate explanation. Being dissatisfied, the Appellant Page 2 of 5 CIC/MORLY/A/2019/639221 filed a First Appeal dated 02.04.2019. The First Appellate Authority vide order dated 24.04.2019, upheld the CPIO's reply.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that after filing the instant Second Appeal, he has received the information from the Respondent and expressed satisfaction over the same. At the instance of the Commission as to whether he wishes to withdraw the present matter, he replied in affirmative.
A written submission has been received by the Commission from Shri Vivek Kumar Sinha, CPIO-21, Dy. Director/Coaching, Railway Board vide letter dated 31.03.2021, wherein he has stated as under:
"1. Vide initial RTI application No. MORLY/R/2019/50962 dated 02.03.2019, the applicant had sought information on 04 points on diverse issues ranging from copies of Railway Board's notification regarding train services, copies of noting sheets, data for new stoppages, extension and introduction of train services for the period 01-01-2019 till date of RTI reply, and copies of letter written by 17 MPs from May 2014 and reply of Hon'ble Minister of railways there on.
2. Reply of initial RTI was sent to the applicant vide this office letter No. MORLY/R/2019/50962 dated 29.03.2019, well within time stipulated under RTI Act, 2005.
3. Information sought vide item no. 3 of the RTI application was provided to the applicant. W.r.t the information sought vide item no. 1 & 2, the applicant was informed that the same being scattered on various files, compilation of which would disproportionately lead to diversion of resources and accordingly the same were regretted under section 7(9) of RTI Act, 2005. With respect to item no. 4 the Page 3 of 5 CIC/MORLY/A/2019/639221 applicant was intimated that the linking of representation/request made in the past do not merit as defined "information" under section 2(f) of RTI Act, 2005.
4. Not satisfied with the reply furnished, the applicant filed 1st Appeal vide letter No. MORLY/A/2019/60276 on 02.04.2019, which was duly disposed by the First Appellate Authority on 18.04.2019.
5. While disposing off the First Appeal, the First Appellate Authority provided the web-link to access the notifications issued by Railway Board, from time to time, regarding introduction, extension, increase in frequency and stoppages, which is available in public domain. The First Appellate Authority found the reply in order; not requiring any intervention.
6. Now two Notices have been received from the Hon'ble CIC in respect of 2nd Appeal/complaint filed by the applicant, slated for 08.04.2021 at 11.10.AM & 11:20 AM.
7. In this connection, it is stated that the information sought was vague and non-
specific hereby requiring diversion of resources and hence not mandated under section 7(9) of the RTI Act, 2005.
In view of the submissions made above and in view of the fact that the information, as available in recorded form, has been provided to the applicant within stipulated time, the non-admissibility of the appeal/complaint may kindly be considered." Decision:
In view of the foregoing, the instant Second Appeal is dismissed as 'WITHDRAWN'.
Copy of the decision be provided free of cost to the parties.
The Second Appeal, hereby, stands dismissed.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 08.04.2021 Page 4 of 5 CIC/MORLY/A/2019/639221 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) & Executive Director/Coaching-II, M/o Railway, Railway Board, Room No. 355 Rail Bhawan, New Delhi - 110001
2. The Central Public Information Officer, DTT/CHG & CPIO-21, M/o Railway Railway Board, Rail Bhawan, New Delhi- 110001
3. Shri Nikhil Khurana Page 5 of 5