Central Information Commission
Dr. Sandeep Mehta vs Railway Board on 12 July, 2021
CIC/RAILB/A/2018/152157
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/RAILB/A/2018/152157
In the matter of:
Dr. Sandeep Mehta ... अपीलकता/Appellant
VERSUS
बनाम
CPIO
Cum Divisional Finance
Manager, Northern Railway, ... ितवादीगण /Respondent
Moradabad, U.P.
Relevant dates emerging from the appeal:
RTI : 30.05.2018 FA : 11.07.2018 SA : 24.08.2018
Hearing : 28.08.2020 &
CPIO : 22.06.2018 FAO : 06.08.2018
23.06.2021
The following were present:
Appellant: Absent.
Respondent: Shri Rahul Dev, ADFM, Northern Railway, Moradabad and Shri
Rakesh Kumar, DD(PG), Railway Board, New Delhi, heard over the phone.
Page 1 of 7
CIC/RAILB/A/2018/152157
ORDER
Information Sought:
The appellant filed an RTI application on 30.05.2018 and sought information on three points regarding LAP/HLAP, procedure of applying VRS, action taken, latest updates and attested information on handling of RTI applications at Railway Board which have been sent vide Speed Posts dated 03.04.2018, 02.05.2018 and
02.05.2018, including, inter-alia;
A. To provide the attested information on number of his LAP and HLAP as on 30.5.2018, and also the updates on action taken on his representation dated 15.12.2015. In addition to it, provide attested copy of attendance muster of Railways employees at Jind HU/NR from 2.02.2012 to 25.02.2012. B. To provide attested information on detailed procedure of applying for VRS. Can the VRS be taken before twenty years with full benefits? C. To provide the latest updates and attested information on handling of RTI applications at Railway Board. Appellant had sent three RTI requests vide speed posts dated 03.04.2018 (EV642826527IN), dated 02.05.2018 (EV642840339IN), dated 2.5.2018 EV642840342IN. Its registration number and disposal at Railway Board.
The CPIO, vide letter dated 22.06.2018 responded to RTI application alongwith the available information as per the RTI Act. Being dissatisfied, the appellant filed first appeal dated 11.07.2018. FAA, vide order dated 06.08.2018 passed the following order:
The appeal for item nos. (A) and (B) has already been transferred by post to Appellate/Northern Railway on 31.07.2018 for providing information directly to the appellant endorsing a copy of the same to you (copy enclosed).Page 2 of 7
CIC/RAILB/A/2018/152157 The appeal for item no. (C) was sent to the concerned SO/RTI Cell for giving a remarks or status of the reference to whom it was further marked, if received in RTI Cell w.r.t the Initial application. The remarks received from SO/RTI Cell stating that "item no. (C) has not been received in RTI Cell".
On 08.08.2018, DFM/N.R. Railway, Moradabad gave reply on point A & B of RTI application. On Point (A) of RTI application, he stated that LAP and HLAP is maintained upto 2012 only, as per the record 185 days of LAP and 132 days of HLAP were taken by the appellant. On Point (B) of RTI application, he further stated that the information sought has already been provided by the CPIO vide letter dt. 22.06.2018.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of incomplete and evasive information from the respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not attend the audio conference during the course of hearing.
The respondent submitted that RTI application alongwith available information has been replied by the CPIO vide letters dt. 22.06.2018 and 08.08.2018. On point (A) of RTI application, the respondent submitted LAP and HLAP is maintained upto 2012 only and as per the record 185 days of LAP and 132 days of HLAP were taken by the appellant. On point (B) of RTI application, respondent submitted that relevant circulars and Railway Board's order were furnished to the appellant vide letter dt. 22.06.2018. On point (C) of RTI application, respondent apprised that first appeal was transferred to the RTI Cell/ RB for remarks and RTI Cell/RB, retuned the first appeal with the remarks that "Item (C) had not been received in the office".Page 3 of 7
CIC/RAILB/A/2018/152157 Decision:
The Commission, after hearing the submissions of the respondent and perusing the records, observes that as regards point (B) of RTI application, the CPIO vide letter dt. 22.06.2018 furnished the available information as per the RTI Act. On point (A) of the RTI application, the CPIO gave incomplete reply in the sense that record of LAP and HLAP was furnished upto 2012 only and not upto 30.05.2018 as sought by the appellant. Moreover, the CPIO's reply was silent on the action taken report on the appellant's representation as sought on point (A) of RTI application. On point (C) of RTI application, the Commission further observes that RTI Cell/RB gave a remarks that these applications had not been received in the office. However, on perusal of speed postal receipts annexed by the appellant it is amply clear that RTI applications mentioned in the said point was send by the appellant. Thus, in the interest of justice, the Commission directs the respondent to give a categorical fresh reply on point no. (A) and (C) of RTI application covering every aspect of information sought on the said points as per the RTI Act. The aforesaid direction be complied within 15 days from the date of receipt of copy of this order under the intimation to the Commission.
With the above observations, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.Page 4 of 7
CIC/RAILB/A/2018/152157 PROCEEDINGS OF NON-COMPLIANCE HEARING DATED 23.06.2021:
The following were present:
Appellant: Absent (despite being served the hearing notice).
Respondent: Shri Sanjay Kumar, Divisional Finance Manager, Northern Railway, Moradabad participated in the hearing upon being contacted on his telephone.
The Appellant did not participate in the hearing since he has been hospitalized. Hence, the instant matter is being decided on merits i.e., on the basis of the averments made by the Appellant in his non-compliance petition/application.
The Respondent submitted that the order of the Commission has been complied with by the Respondent on 04.09.2020 and 16.09.2020. Upon queried by the Commission as to who is the custodian of records pertaining to the information sought at point no. 3 of the RTI Application, he replied that the same pertains to Railway Board.
Upon receiving the hearing notice from the Commission, Shri Sanjay Kumar, Divisional Finance Manager, Northern Railway, Moradabad vide his written submission dated 18.06.2021 has stated as under:Page 5 of 7
CIC/RAILB/A/2018/152157 ADJUNCT DECISION:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that available and relevant information has been provided to the Appellant. However, since the information sought at point no. 3 of the RTI Application pertains to the Railway Board, the Commission deems it fit to direct Shri Sanjay Kumar, Divisional Finance Manager, Northern Railway, Moradabad to obtain the relevant information from the Railway Board under Section 5(4) of the RTI Act and provide a copy of the same to the Appellant, with a copy marked to the Commission, within 21 days from the date of receipt of this order.
With the above observations, the Non Compliance proceedings are hereby dropped.
Copy of the decision be provided free of cost to the parties.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 12.07.2021 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 6 of 7 CIC/RAILB/A/2018/152157 Addresses of the parties:
1. The First Appellate Authority (FAA) Cum ADRM Northern Railway, Divisional Office, Moradabad Division, Moradabad, U.P.
2. The Central Public Information Officer (CPIO) Cum Divisional Finance Manager, Northern Railway, Divisional Office, Moradabad Division, Moradabad, U.P.
3. Dr. Sandeep Mehta Page 7 of 7