Central Information Commission
Shamsher Singh Lottey vs Northern Railway Firozpur on 5 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/NRALF/A/2022/136242
Shamsher Singh Lottey .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
O/O THE CPIO & DIVISIONAL
RAILWAY MANAGER, NORTHERN
RAILWAY, FIROZPUR - 152001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 31.05.2024
Date of Decision : 04.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 27.01.2022
CPIO replied on : Not on record
First appeal filed on : 04.03.2022
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an RTI application dated 27.01.2022 seeking the following information:
"(1) At what percentage of disability of a disable person, (As there are four categories of disable persons) railway issues pass to disable persons. Kindly supply the attested copies of detail about percentage of disability along with the attested copies of orders issued in this regard by your department.Page 1 of 4
(2) How many railway stations comes under your office. Supply the detail of cultivable area lent on lease to which cultivators by your department that comes under different railway stations in your department from 01-04-2011 to till date. Supply the attested details of Name of Cultivator, Total Area and Khewat No., Total Amount and also supply the attested copies of Securities/Amounts deposited with your department by the cultivators along with Receipts of the Securities/Amounts.
(3) Supply the attested copy of Proforma to obtain Railway Pass for disabled persons."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 04.03.2022. The FAA order is not on record.
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 Ram Singh, Store Clerk through Video-Conference. During the hearing, it was informed by the NIC Ferozpur official that the Respondent was present in the studio but left and did not wait for his turn.
The written submissions of the Respondent are reproduced hereinbelow:
"The RTI application dated 27.01.2022 of Sh. Shamsher Singh Lottey had not been received in this office.
However, Applicant filed 1" appeal in the Office of General Manager, Northern Railway, Baroda House, New Delhi-110001 which was forwarded to this office on dated 10.03.2022.
The same had been returned to applicant on dated 11.03.2022 with remarks "Matter Pertained to Railway Board & HQs office."
(ii) It is requested that applicant may be directed to submit his RTI application in Hindi/English language with requisite amount of Rs. 10/- this IPO is in favour of Sr. DFM, payable at Firozpur for taking appropriate action".Page 2 of 4
Decision:
The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the Appellant in his second appeal is aggrieved that no information was provided to him by the Respondent till date.
The Commission further observes that clear and specific reply was not provided to the Appellant on his RTI application. The Commission is of the view that if the information sought pertains to some other department/division under the same Public Authority, then it is the duty of the CPIO under the RTI Act to either transfer the RTI application on the said points to the concerned CPIO under Section 6(3) of the RTI Act within permissible period or to take assistance under Section 5(4) of the RTI Act from the concerned CPIO and then provide information to the Appellant. But in the instant case, the Respondent has done neither.
Since, much time has elapsed, the Respondent is directed to take assistance under Section 5(4) of the RTI Act from the concerned CPIO and collect information as sought in the RTI application and provide reply/information to the Appellant within four weeks from the date of receipt of this order as per the provisions of the RTI Act.
The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Page 3 of 4 Copy To:
The FAA DIVISIONAL RAILWAY MANAGER OFFICE, NORTHERN RAILWAY, FIROZPUR - 152001 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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