Central Information Commission
Manoj Kumar Sinha vs Railway Board on 18 April, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
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/2017/160679
Manoj Kumar Sinha ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, M/O. Railways, ... ितवादी/Respondent
Railway Board, New Delhi.
Relevant dates emerging from the appeal:
RTI : 17-05-2017 FA : 22-07-2017 SA: 28-08-2017
CPIO : 04-07-2017 FAO : 08-08-2017 Hearing: 15-04-2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o Railways, Railway Board, New Delhi seeking following information:-
"I. Copy of report prepared by Railway Administration on Control Cadre, Traffic Apprentice. Station Master Cadre and for Accounts staff for submission to 7th CPC.
II. The recommenced pay structures for Control Cadre, Traffic Apprentice, Station Master Cadre and for Accounts staff to 7th CPC by Railway Administration.
III. All the remarks, comments and file noting made by different officials and competent authority during due preparation of above par/ structure and reports for submission to 7th CPC, Anomaly Committee, and Finance led Committee."
2. The CPIO responded on 04-07-2017. The appellant filed the first appeal dated 22-07-2017 which was disposed of by the first appellate authority on 08-08- Page 1 of 3 2017. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information.
Hearing:
3. The appellant, Mr. Manoj Kumar Sinha attended the hearing through video conferencing. Mr. U. K. Tiwari, Jt. Director, Mr. Jaya Kumar G, Dy. Director and Mr. Siddarth Kukreti, ASO represented the respondent in the hearing in person. The written submissions are taken on record.
4. The appellant stated that the respondent has taken the plea of multiple RTI applications being filed by him and instead has not sent him a point-wise reply with reference to this RTI application.
5. The respondent stated that the appellant has filed 10 RTI applications involving the same issue and therefore, they have not replied him point-wise with reference to this RTI application.
Decision:
6. This Commission observed that the RTI Act, 2005 mandates that each RTI application should be responded by the CPIO point-wise and therefore, the contention put forth by the respondent is devoid of any merit. In view of this, the CPIO is hereby issued a warning for future to be careful and not to contravene the provisions of the RTI Act, 2005. Further, this Commission directs the respondent to provide a point-wise reply to the appellant as per the RTI Act, 2005, within a period of 15 days from the date of receipt of this order.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
सूचना आयु )
Information Commissioner (सू
दनांक / Date 15-04-2019
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Page 2 of 3
Addresses of the parties:
1. The CPIO-46 & JDPC,
M/O. Railways, Railway Board, Rail Bhavan, Raisina Road, New Delhi-110001.
2. Mr. Manoj Kumar Sinha Page 3 of 3