Central Information Commission
Mrkantilal Jain vs Ministry Of Railways on 19 August, 2016
CENTRAL INFORMATION COMMISSION
Room No. 06, Club Building, Old JNU Campus
New Delhi 110067. Tel: 011 - 26182597, 26182598
Appeal No.:CIC/VS/A/2014/001910/BJ
Appellant : Mr. Kantilal Jain,
17, Mahaveer Housing Society,
Mahaveer Nagar II Cross,
Cotton Market Road,
Gadag - 582101
Respondent : I. CPIO & Dy. CE, O/o the CAO/CN,
18, Millers Road,
South Western Railway,
Banglore (Karnataka)
II CPIO & Asstt. Dy. GM (G)
O/o the GM, Club Road, South
Western Railway, Hubli - 580023
III CPIO & Dy. CE/II,
Construction Office, Club Road,
South Western Railway, Hubli 580023
Date of hearing : 19.08.2016
Date of Decision : 19.08.2016
Date of filing of RTI application 16.01.2014
CPIO's response 06.02.2014
Date of filing the First appeal 12.04.2014
First Appellate Authority's response 14.05.2014
Date of filing second appeal before the Commission 24.06.2014
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O R D E R
FACTS:
The appellant, by way of his RTI application dated 16.01.2014 sought information on 11 points from Office of the General Manager, SWR, Hubli inter alia, regarding whether passenger trains will operate in the route between HospetKoturHarihar or not if yes, then date of commencement of operation; details of BellaryRaidurgChikkjajur Line; etc The CPIO, vide its letter dated 22.01.2014 transferred the matter to the concerned authorities. The PIO and Dy. CE/CN/Genl/BNC vide its letter dated 06.02.2014 provided information to the appellant Dissatisfied by the response of the CPIO, the appellant approached the FAA on 12.04.2014. The FAA vide its order dated 14.05.2014 concurred with the findings of the CPIO.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Mr. Kantilal Jain (M:9448591294) through VC; Respondent: Mr. Gopal Reddy, PIO Construction Bangalore (M:9731665653) through VCNIC Bangalore; and Mr. K. Rajanna, Asstt. Executive EngineerHubli (M:9731665589) and Mr. Ashok Kumar, Chief Office superintendent representing CPIO (M:9886529790) through VCNIC Dharwad;
The appellant reiterated the contents of his RTI application and stated that even after two orders of the Commission on 14/07/2014 and 25/08/2015 to provide complete information free of cost, no information/documents had yet been supplied. The respondent at Bangalore stated that vide their reply dated 06/02/2014, they had supplied the information on point no. 02 & 08 to the appellant. He further stated that rest of the queries had been transferred to PIO, Hubli. The respondent at Hubli stated that the information sought pertained to PIO(Operating), who had not provided any details. During discussions at the VC, the respondents emphasized that the appellant was confusing between other RTI applications made by him, whereas, the present appeal is with respect to his RTI application dated 16/01/2014. The appellant was dissatisfied that the information on all the points had not been furnished to him, despite reminders.Page 2 of 4
The Commission observed that the CPIO at Hubli had been casual and negligent in attending to the RTI application and had deputed Chief OS of his office for the hearing who could not satisfactorily answer the queries raised by the Commission.
DECISION:
Keeping in view the facts of the case and the submissions made by the respondent, it is evident that no reply had been provided by the respondent at Hubli in respect of RTI queries raised by the appellant, which is a grave violation of the provisions of the RTI Act, 2005. The Commission, instructs the CPIO, Hubli to showcause why action should not be taken under the provisions of the Act for his casual approach and negligence. The Commission therefore, directs the respondent to:
1 provide the information to the appellant within a period of 15 days;
2 explain why penal action should not be taken as per Section 20(1) of the RTI Act, 2005, within 15 days;
from the date of receipt of this order.
The appeal stands disposed accordingly.
(Bimal Julka) Information Commissioner Authenticated True Copy:
(K.L.Das) Page 3 of 4 Deputy Registrar Page 4 of 4