Central Information Commission
Nikhilesh Jain vs Ministry Of Railways (Railway Board) on 22 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/MORLY/A/2023/139315
Nikhilesh Jain .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
O/O THE CPIO Research Designs &
Standards Organisation. Ministry of Railways,
Manak Nagar, Lucknow - 226011 .... ितवादीगण /Respondent
Date of Hearing : 15.01.2025
Date of Decision : 22.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 10.07.2023
CPIO replied on : 12.07.2023 & 07.08.2023
First appeal filed on : 30.07.2023
First Appellate Authority's order : 04.09.2023
2nd Appeal/Complaint dated : 22.09.2023
Information sought:
The Appellant filed an RTI application (online) dated 10.07.2023 seeking the following information:Page 1 of 5
"1. Please provide the documents having all updated status related to the development activities going on with various vendors on MCS with respect to their stages (with timeline) and impact of withdrawal Modular Cantilever System (MCS) specification affect these activities?
2. Please provide documents pertain to the process of withdrawal of the MCS specification & STR initiated, document should included minutes of meeting, guidelines by respective authorities for this withdrawal, contains the flaws/ drawbacks/ issues reported in specification and STR of MCS considered with supporting documents, approval authorities detail with their respective Name, Designation, experience in Indian Railway, and Qualifications, date of approval from the respective approvers with their suggestion/comments/guidance in approving the withdrawn of MCS.
3. Please provide the documents related to process of withdrawn any critical and non-critical equipment/Machine /Systems and components
4. Please provide documents pertain to the process and guideline of addition any equipment /component/System by RDSO
5. Please share the documents which includes replacement of MCS with its STR, how its going to fulfill through Make in India initiatives, and the process for engaging with vendors and other stakeholders in the development of new specifications or systems for the railway, how vendors participate in this process.
6. Please provide documents which planned that IPR policy be executed in the context of the withdrawal of the MCS specification, and the steps will be taken to protect the intellectual property of vendors who have developed the system.
7. Please provide documents pertain to the role of Railway Board in the withdrawal of the MCS specification & STR,
8. Please provide documents includes all communication between RDSO, Railway Board and Vendors on withdrawal of the MCS specification & STR.
9. Please provide document that analyze the withdrawal of the MCS specification affect the overall modernization and improvement of the railway system and plan to ensure that progress is not impact by this withdrawal."
The CPIO furnished a reply to the Appellant on 12.07.2023 stating as under:
"No such information is available in this office."
The CPIO furnished a reply to the Appellant on 07.08.2023 stating as under:
Page 2 of 5"1. Currently as on date Vendor Development of Modular Cantilever System is not being done by RDSO. Specification/STR of MCS have been withdrawn.
2. Process of withdrawing of the Specification and STR was as per relevant RDSO ISO document which Is available on RDSO website www.rdso.Indianrailways.gov.in.
3. Process of withdrawing of the Specification and STR was as per relevant RDSO ISO document which is available on RDSO website www.rdso.indianrailways.gov.in.
4. Process of adding was as per relevant RDSO ISO document which is available on RDSO website www.rdso.indianrailways.gov.in.
5. In future if RDSO starts the process of development of vendor for MCS, it will be as per the procedure given in the relevant RDSO ISO document."
Being dissatisfied, the appellant filed a First Appeal dated 30.07.2023. The FAA vide its order dated 04.09.2023, held as under.
"In reference to your appeal referred above, the matter has been examined and the reply to your RTI Appeal dated 30.07.2023 has been given to you by the concerned PIO vide letter no. TI/RTI-Act-2005/16 dated 07.08.2023."
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 Giriraj Kishore, PIO-cum-Director, attended the hearing through VC.
The Appellant did not participate in the hearing.
The Respondent submitted that upon receipt of the hearing notice from the Commission, a revised and updated reply has been given to the Appellant vide letter dated 14.01.2025.
A written submission has been received from Shri Giriraj Kishore, PIO-cum- Director, vide letter dated 14.01.2025, a copy of which has been sent to the Page 3 of 5 Appellant and the same has been taken on record. The relevant extract of the same is as under:
1. "Currently as on date vendor development of Modular Cantilever System is not being done by RDSO. Specification/STR of MCS have been withdrawn vide TI Dte. office letter no. TI/MCS/08 dtd. 07.07.2023 (Copy attached)
2. Process of withdrawing of the specification and STR was as per relevant RDSO ISO document no. QO-D-8.1-3, Ver.2.1 effective from 28.07.2022 (Copy attached). ISO documents are also available on RDSO website www.rdso.indianrailways.gov.in. The process of withdrawing of the Specification and STR was initiated based on the Railway Board instructions issued vide letter no. 2022/ΕΕΜ/161/8/Punct- Part(7) dtd. 20.06.2023 (Copy attached).
3. Process of withdrawing of the specification and STR is done as per relevant RDSO ISO document по. QO-D-8.1-3, Ver.2.1 effective from 28.07.2022 (Copy attached). All ISO documents are also available on RDSO public website www.rdso.indianrailways.gov.in.
4. RDSO ISO documents contain directives for vendor approval/vendor registration (multi- sourcing) of items allotted to RDSO by Railway Board/ Spl.
DG/VD, RDSO. Process of adding any equipment by RDSO is done as per ISO document по. QO-D-8.1-8, Ver. 1.2 effective from 28.07.2022: Vendor registration EOI (Expression of Interest). (Copy attached)
5. In future, if RDSO starts the process of development of vendor for MCS, it will be as per the procedure given in the relevant RDSO ISO documents available on RDSO public website.
6. Application for Vendor development of any item is dealt & processed as per RDSO ISO document no. QO-D-8.1-5 & QO-D-8.1-6 respectively. Further, undertaking for infringement of IPR for all the items/products developed by the vendors which are in the process of approval, is also taken from all prospective vendors as per Annexure-A2 of ISO document no. QO-F-8.1-7 (Copy enclosed).
7.-8. Railway Board is apex governing authority under Ministry of Indian Railway. All policy decisions are taken by Railway Board. No specific document is available in this regard. Please refer Indian Railway website https://indianrailways.gov.in for organization structure of Indian Railway. Copy of following documents are attached:
1. RDSO letter по. TI/OHE/MCS/08 dtd. 21.04.2023 addressed to Railway Board regarding withdrawn of MCS Specification & STR
2. Railway Board letter 2022/ΕΕΜ/161/8/Punct-Part(7) no. dtd. 20.06.2023 addressed to RDSO regarding approval for withdrawn of MCS Specification, STR and stopping the vendor approval process.
3. RDSO letter no. TI/MCS/08 dtd. 07.07.2023 addressed to all prospective vendors regarding proposal and program for the withdrawal of MCS Specification and STR from the vendor directory and stopping the vendor approval process.Page 4 of 5
9. Railway Board (RB) vide letter no. 2022/ΕΕΜ/161/8/Punct-Part(7) dtd. 20.06.2023 has also conveyed guidelines for further development of MCS. RB conveyed that "it is essential that new cantilever design should be developed which has lesser number of components and which is light in weight and easy to install. The design and drawings should be owned by RDSO/Railways instead of being proprietary in nature. It is to inform that after development of a product through innovation portal, the Government Purpose Rights (GPR) would remain with IR. Therefore, RDSO may undertake the Development of new design either on its own or through the innovation portal.""
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that upon receipt of the hearing notice from the Commission, the Respondent vide letter dated 14.01.2025, had sent a copy of revised reply in the form of written submission to the Appellant, which is more elaborate and is treated as updated reply. Hence, no intervention of the Commission is required in the instant case. However, before parting with the case, the Respondent is cautioned to act strictly within the precincts of the RTI Act by observing the timelines scrupulously and punctually, 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 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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