Central Information Commission
Jagdev Singh Taggar vs Northern Railway Firozpur on 5 December, 2023
CIC/NRALF/ N 2OI8 I 17 IO32
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Central Information Commission
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Baba Gangnath Marg, Munirka
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Gfi-q 3r+d[ riqrl Second Appeal No.CICA{RALF I N 20 18 I 17 lO32
ln the matter of:
Jagdev Singh Taggar .. . qff;61q-6fl4p,pellant
VERSUS
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CPIO,
Sr. Divisional Personnel Officer,
Northem Railway,
O/o. the Divisional Railway
Manager, Divisional Offi ce, .. .cfu{rftrm /Respondent
Ferozepur, Punjab Relevant dates emerging from the appeal:
RTI :20.04.2018 FA :24.09.2018 SA :05.12.2018 CPIO : Not on record FAO : 16.10.2018 Hearing :15.10.2020 The following were present:
Appellant: Shri Jagdev Singh Taggar, heard through video conferencing.
Respondent: Shri Brijender Kumar, APO, Northem Railway, Ferozepur Division, heard through video conferencing.
Page I of5 c I C/NRALFiA/2 018I t7 1032 ORD ER Information Sought:
The Appellant frled an RTI application on 20.04.2018 and sought information pertaining to his application no. JST/LPM/LDIV20|7-1 dated 27.02.2018 for necessary action and fixation of appellant's pay on 01.04.2004 when the DP was merged in pay.
Alleging not to have received any response from the CPIO, the Appellant filed Iirst appeal on24.09.2018. The APO cum APIO, Northern Railway, Firozpur vide common letter dated 16.10.2018 alongwith letter dated 21.09.2016, responded to RTI application and also disposed of the FA of the Appellant and fumished the available information to the Appellant.
Grounds for Second Appeal:
The appellant filed second appeal u/s l9 ofthe Act on the ground ofnon-receipt of information by 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 reiterated the contents of his RTI application and submitted that no reply was received from the Respondent till date. He requested the Commission to direct the CPIO to provide the sought information.
Per contra, the Respondent submitted that Appellant's RTI application as well as FA was duly replied vide letter dated 16.10.2018 alongwith letter dated 21.09.2016. The Respondent further relied on his written submissions and Page 2 of5 c IC/NRALF/A/2018 I t7 1032 submitted that the requisitioned information alongwith supportive documents was fumished afresh to the Appellant vide letter dated 14.10.2020. The Respondent further contended that the issue raised by the Appellant, regarding the fixation of pay is a matter of grievance which is beyond the purview of RTI Act. The Respondent averred that they will send the copy ofletter dated 14.10.2020 to their zonal office, Ludhiana Division and if the Appellant wants, he can collect the same from the Respondent's zonal offrce, Ludhiana. It was finther averred by the Respondent that if the Appellant is not satisfied with the said reply, he can visit the office of the Respondent and can inspect the relevant records with prior notice.
On query to the Appellant regarding procuring the letter dated 14.10.2020 alongwith supportive documents and also inspection ofrelevant records by visiting the Respondent's office, the Appellant expressed his willingness to do the needful. The written submission dated 12.10.2020, filed by Sr. DFMA.{odal Officer of RTI, Northem Railway, Ferozpur Division, was taken on record. The written submission dated 14.10.2020, frled by APO cum PIO, Northem Railway, Ferozpur, was taken on record.
Decision:
The Commission, after hearing the submissions of both the parties and perusing the' records, observes that available information has been furnished by the Respondent vide letters dated 16.10.2018 (with annexure dated 21.09.2016) and 14.10.2020 respectively. However, the Appellant is not in receipt of letter dated 14.10.2020. In view of tliscrepancy, the Commission directs the Respondent to send the copy of letter dated 14.10.2020 alongwith supportive documents to the Appellant via speed post. The Commission fi.rther directs the Respondent to allow the Appellant to Page 3 of5 crc/NRALF/A I 2018 I t7 1032 collect the copy of aforesaid letter dated 14.10.2020 from the zonal office, Ludhiana and also to allow the Appellant to inspect the relevant records with regards to the information sought on a mutually decided date and time as per the provision of RTI Act. The aforesaid directions 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 ofthe decision be provided free ofcost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (ffi61 qi6q;
Information Commissioner ((++r qfgtfi) fuis./ Date 15.10.2020 Authenticated true copy lerFrr+rFro e-c+rfta sft;
B. S. Kasana tff.qg. 6'qmr) Dy. Registrar (ss-qff{s) 01r-26105027 Addresses of the parties:
1. The First Appellate Authorib/ (FAA) Northern Railway, O/o. the Divisional Railway Manager, Divisional Office, Ferozepur, Punjab Page 4 of5