Central Information Commission
Sandeep Mehta vs Northern Railway on 24 June, 2021
CIC/NRAIL/A/2019/639198
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नईिद ी, New Delhi - 110067
ि तीय अपील सं ा/ Second Appeal No.CIC/NRAIL/A/2019/639198
In the matter of:
Sandeep Mehta ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Deputy Chief Medical Director,
Northern Railway, Headquarter,
Baroda House, Delhi - 110001
Relevant dates emerging from the appeal:
RTI Application filed on : 03.02.2019
CPIO replied on : Not on record
First Appeal filed on : 10.03.2019
First Appellate Authority order : Not on record
Second Appeal received on : 06.04.2019
Date of Hearing : 11.05.2021
The following were present:
Appellant: Absent (despite being served the hearing notice).
Respondent: Shri Sandeep Saxena, APO; Shri Sanjay, DFM, NR, Moradabad and
Dr. Dinesh Mohan participated in the hearing on being contacted on their
respective telephones.
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CIC/NRAIL/A/2019/639198
ORDER
Information sought:
The Appellant filed an RTI Application dated 03.02.2019 seeking information on the following five points:Page 2 of 8
CIC/NRAIL/A/2019/639198 Having not received any information from the CPIO, the Appellant filed a First Appeal dated 10.03.2019, which has not been adjudicated by the First Appellate Authority.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information from the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.Page 3 of 8
CIC/NRAIL/A/2019/639198 Submissions made by Appellant and Respondent during Hearing: In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Appellant did not participate despite being served the hearing notice.
Shri Sanjay submitted that the Appellant is a self-proclaimed RTI activist and has filed around fourteen RTI Applications and five Second Appeals till date. He further submitted that all the RTI Applications have been duly replied within stipulated time-frame. Upon queried by the Commission, he explained that the Appellant is harping on a grievance with his parent department i.e., Medical Department who is attempting to array the Respondent as a necessary party. He further explained that the Appellant is in a habit of filing multiple RTI Applications on issues pertaining to his medical reimbursement and inter alia. He furthermore explained that the Appellant has claimed an amount, which was supposed to be sanctioned by CMS. Hence, it's the duty of the CMS to ascertain as to how much amount they will sanction out of the claimed amount. However, since CMS has sanctioned lesser amount, the Appellant has preferred the instant RTI Application. He pleaded that the Respondent is not a competent authority in the instant case because the relevant bill prepared by the O/o. CMS and that the Respondent is responsible for making the payment.
Shri Sandeep Saxena submitted that their office did not receive the RTI Application. He further submitted that only after receiving the hearing notice from the Commission, he came to know about the instant matter. He clarified that the information sought at point no. A of the present RTI Application pertains to Railway Board. At the instance of the Commission, he explained that though the Page 4 of 8 CIC/NRAIL/A/2019/639198 instant RTI Application was never received in their office, the information sought at point no. D of the instant RTI Application i.e., the records of payment details from the year 2014-2018, has already been sought by the Appellant in another RTI Application, which has been provided to him on 11.04.2019 through registered post. He further explained that the information sought at point no. C of the RTI Application pertained to the Accounts Department.
Shri Sanjay interjected to submit that the reply to the information sought at point no. C of the RTI Application has already been sent to the Appellant vide letter dated 06.03.2019. He further submitted that the Appellant has filed three more RTI Applications and the same were also replied to vide letters dated 11.02.2021; 24.11.2020 and 03.11.2020.
Dr. Dinesh Mohan submitted that the information sought at point no. E of the RTI Application pertained to their office and the same was duly replied vide letter dated 08.04.2019.
At the instance of the Commission, the Respondents clarified that the information sought at point no. A of the RTI Application pertains to Railway Board; point no. B and E of the RTI Application pertains to Medical Department; point no. C of the RTI Application pertains to Accounts Department and point no. D of the RTI Application pertains to the Personnel Department.
Dr. Dinesh Mohan interjected to submit that the Appellant is not satisfied with the reimbursement amount provided by their department. He further submitted that since the Office Superintendent in whose custody the relevant case file is lying, has been contracted COVID-19. Therefore, he is not very sure as to whether the Page 5 of 8 CIC/NRAIL/A/2019/639198 information sought at point no. B of the RTI Application pertains to the Medical Department or not.
A letter dated 03.05.2021 addressed to the Appellant by the Appellate Authority and Addl. Chief Medical Superintendent, Northern Railway, Moradabad, wherein the Appellant has been apprised that point-wise information has been provided to him vide letters dated 08.04.2019 and 08.06.2019. A copy of the same has been uploaded on the Commission's web-portal alongwith its relevant enclosures.
A written submission has been received by the Commission from Shri Sanjay Kumar, CPIO and Divisional Finance Manager, Northern Railway, Moradabad vide letter dated 11.05.2021, wherein he has apprised the Commission that the information sought at point no. C of the RTI Application has already been provided to the Appellant and a copy of the same has also been enclosed.
A written submission has been received by the Commission from Shri Sandeep Saxena, Asst. Personnel Officer, Northern Railway, Moradabad vide letter dated 11.05.2021, wherein he has reiterated the contents of the reply sent to the Appellant.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that merely providing the details of the relevant department to which the information sought in the instant RTI Application pertains to, does not suffice. Hence, it is evident that the Respondent has provided an evasive reply to the Appellant. Moreover, the submissions of the Respondents regarding which information pertains to which department is found to be contradictory with the contents of the letter dated 18.03.2019 on record.Page 6 of 8
CIC/NRAIL/A/2019/639198 In view of the above, the Commission severely admonishes the conduct of all the CPIOs of the concerned departments for providing evasive replies as well as making misleading submissions before the Bench, for the reasons best known to them. The Commission cautions them to be careful in future while dealing the matters pertaining to the RTI Act.
Be it as it may, the Commission directs the concerned CPIOs to provide a revised reply with respect to the information sought at point no. A & B of the RTI Application to the Appellant, with a copy marked to the Commission, within 15 days from the date of receipt of this order.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमतापांडव)
Information Commissioner(सूचना आयु )
िदनांक / Date: 24.06.2021
Authenticated true copy
(अिभ मािणत स ािपत ित)
B. S. Kasana (बी. एस. कसाना)
Dy. Registrar (उप-पंजीयक)
011-26105027
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CIC/NRAIL/A/2019/639198
Addresses of the parties:
1. The First Appellate Authority/ADRM,
Northern Railway, Headquarters Office,
Medical Department, Baroda House,
New Delhi-110001
2. The Central Public Information Officer
Deputy Chief Medical Director,
Northern Railway, Headquarter,
Baroda House, Delhi - 110001
3. Mr.Sandeep Mehta
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