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[Cites 3, Cited by 0]

Central Information Commission

Abdul Ahad vs Eastern Railway (Kolkata) on 19 January, 2018

                                क य सूचना आयोग
                     CENTRAL INFORMATION COMMISSION
                                बाबा गंगानाथ माग
                             Baba Gangnath Marg,
                           मु नरका, नई द ल -110067
                          Munirka, New Delhi-110067
                          Tel: 011 - 26182593/26182594
                         Email: [email protected]

File No : CIC/ERAIL/A/2017/139729

In the matter of:

Andul Ahad



                                                                  ...Appellant
       Vs.
APIO/E Railway/Kolkata and
Chairman RRC, Eastern Railway, Railway
Recruitment Cell, 56, Chittaranjan Avenue,
Kolkata, West Bengal-700012
                                                                  ...Respondent


                                                     Dates
RTI application                              :       10.02.2017
CPIO reply                                   :       17.02.2017
First Appeal                                 :       27.02.2017
FAA Order                                    :       07.04.2017
Second Appeal                                :       09.06.2017
Date of hearing                              :       12.01.2018
Facts:

The appellant vide RTI application dated 10.02.2017 sought information on three points; total number of questions attempted in the written examination, original marks scored by him in the written examination before the application of the normalisation process, score after completion of the normalisation process and certified copy of the OMR sheet with answer key. The CPIO replied on 17.02.2017. The appellant was not satisfied with the CPIO's reply 1 and filed first appeal on 27.02.2017. The First Appellate Authority (FAA) vide order dated 07.04.2017 disposed of the first appeal. Aggrieved with the non- supply of the desired information from the respondent authority, the appellant filed a second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 09.06.2017. Grounds for Second Appeal The CPIO did not provide the desired information.


Order

      Appellant :          Present
      Respondent :         Shri Sunil Marandi,
                           Assistant Personnel Officer cum APIO,
                           Eastern Railway, Railway Recruitment Cell


During the hearing, the respondent APIO submitted that they had provided the requisite reply vide their letter dated 17.02.2017 and the First Appellate Authority (FAA)'s order dated 07.04.2017. The reply furnished to the appellant is just and proper and hence the case might be dismissed.

The appellant submitted that he was not satisfied with the reply received from the respondent.

On perusal of the case record, it was seen that proper reply was not provided to the appellant. A more comprehensive reply should have been provided to the appellant as all the sought for information is eminently disclosable under the relevant provisions of the RTI Act e.g. answer key.

The respondent PIO, Shri Sanjay, Chairman, RRC, Kolkata, Eastern Railway is directed to provide a copy of the answer key in regard to the point no. 3 of the RTI application dated 10.02.2017 complete in all respects to the appellant as available on record free of charge u/s 7(6) of the RTI Act within 15 days of the receipt of the order.

2

The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.

With the above observation/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.

[Amitava Bhattacharyya] Information Commissioner Authenticated true copy (A.K. Talapatra) Deputy Registrar 3