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Yogesh Nagappa Naik vs Konkan Railway on 13 May, 2026

                                के ीय सूचना आयोग
                          Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                           नई िद ी, New Delhi - 110067

File No: CIC/KRAIL/A/2024/133077

Yogesh Nagappa Naik                                        .....अपीलकता/Appellant

                                         VERSUS
                                          बनाम
C.P.I.O,
Konkan Railway Corp. Ltd.
Belapur Bhavan,
Plot no. 6, Sector-11, CBD
Belapur, Navi Mumbai - 40 0614                             .... ितवादी/Respondent

Date of Hearing                      :    13-05-2026
Date of Decision                     :    13-05-2026

INFORMATION COMMISSIONER :                   Swagat Das

Relevant facts emerging from appeal:

 RTI application filed on                :    19-04-2023
 CPIO replied on                         :    04-05-2023
 First appeal filed on                   :    24-05-2023
 First Appellate Authority's order       :    20-06-2023
 2nd Appeal/Complaint dated              :    03-09-2024

Information sought

:

1. The Appellant filed an RTI application dated 19-04-2023 seeking the following information:

"Request to provide the below mentioned information with regards to Sri Umesh Ganapati Naik, R/o. Puravarga, Taluk Bhatkal, U.K. District, who was selected for the post of Locopilot.

1. The name of the Post and date of joining of Sri Umesh Ganapati Naik, R/o. Puravarga, Taluk Bhatkal, U.K. District,

2. The Land Acquisition Certificate produced at the time of joining the job, the percentage of Land Loosers certificate, record or rights and other education qualification records requested to give.

These are all required for my personal knowledge."

2. The CPIO furnished a reply to the Appellant on 04-05-2023 stating as under:

"This office is in receipt of your application seeking information under RTI ACT 2005. In connection with the same please find below the requisite information:

01. Name of post in which Shri Umesh Ganapati Naik, At-Puravarga, Taluk-

Bhatkal, Uttar Kannada, joined service and date of joining. Remarks: Shri Umesh Ganapati Naik has been appointed as Assistant Loco Pilot in KRCL and his date of joining KRCL service is 19/10/2010.

02. Land acquisition certificate, percentage letter of land acquired by Shri Umesh Ganapati Naik, At-Puravarga, Taluk-Bhatkal, Uttar Kannada, at the time of joining service. Request to give me attested copy of RTC and other educational documents.

Remarks: As per Section 8(1) (j) of RTI Act 2005, information sought by you cannot be furnished as it is a personal information and no larger public interest is involved."

3. The Appellant filed a First Appeal dated 24-05-2023. The F.A.A vide order dated 20-06-2023 stating as under:

"I have carefully gone through your application seeking information under RTI Act 2005 and reply given by PIO, MAO vide his letter referred at SI. No.2 above and I fully agree with the decision given by PIO/MAO as information sought by you is a personal information and no larger public interest is involved In view of the above your appeal is disposed herewith."

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not Present.

Respondent: Shri Babn G Ghatge, DGM (Planning) & CPIO present through Video-Conference.

5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 03.09.2024 is not available on record. Respondent confirms non-service.

6. Written submissions of the Respondent are taken on record.

7. The Respondent while defending their case inter alia submitted that complete point-wise reply/information, as per the documents available on record has been provided to the Appellant vide their letter dated 04.05.2023. On point No. 1, they have provided complete information to the Appellant and w.r.t point No. 2 of the RTI application, the information sought is related to personal details of third-party, which is exempted from disclosure under Section 8(1)(j) of the RTI Act.

Decision:

8. The Commission after hearing the submissions of the Respondent and upon perusal of records observes that an appropriate point-wise reply has been furnished by the Respondent in accordance with the provisions of the RTI Act. The information sought at point No. 1 of the RTI application has already been provided to the Appellant. Further, with respect to point No. 2 of the RTI application, the Commission notes that the information sought pertains to personal records and documents of a third party, namely land acquisition certificate, percentage of land loser certificate, RTC and educational qualification records, disclosure of which would cause unwarranted invasion of the privacy of the concerned individual.

The Appellant has also failed to establish any larger public interest warranting disclosure of such information. Therefore, the denial of information under Section 8(1)(j) of the RTI Act by the Respondent is found to be justified.

9. The Commission also takes note of the fact that the Appellant remained absent during the hearing and no submissions rebutting the written submissions of the Respondent were placed on record.

10. In view of the foregoing, no intervention of the Commission is warranted in the matter.

The appeal is disposed of accordingly.

Sd/-

Swagat Das ( ागत दास) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Archana Srivastva) Dy. Registrar 011 - 2610 7040 Date Copy To:

The First Appellate Authority, Konkan Railway Corp. Ltd.

Belapur Bhavan, Plot no. 6, Sector-11, CBD Belapur, Navi Mumbai - 40 0614 Yogesh Nagappa Naik CIC/KRAIL/A/2024/133077 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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