Central Information Commission
Nicholas vs Northern Railway on 14 December, 2021
CIC/NRAIL/C/2020/660918
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/NRAIL/C/2020/660918
In the matter of:
Nicholas ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/ Sr. Divisional Material Manager
Northern Railway DRM's Office,
Moradabad
Relevant dates emerging from the Complaint:
RTI Application filed on : 24.09.2019
CPIO replied on : 25.09.2019
First Appeal filed on : Not on Record
First Appellate Authority order : Not on Record
Complaint received on : 15.01.2020
Date of Hearing : 14.12.2021
The following were present:
Complainant: Absent (despite being served the hearing notice).
Respondent: Shri G.K. Soti, Divisional Chief Inspector (Ticket) and Shri P.S.
Baghel, Asst. Commercial Manager participated in the hearing through video
conferencing from NIC Moradabad.
Page 1 of 4
CIC/NRAIL/C/2020/660918
ORDER
Information Sought:
The Complainant filed an online RTI application dated 24.09.2019 seeking information on the following eleven points:
1) Provide the rules regarding cancellation of train ticket, when Reservation is from originating of train but bording is somewhere else In this condition which station will be considered for cancellation as per ticket cancellation rule before 30 min departure of train in case of ticket is w/L or RAC, kind narrate clearly and define clear whether ticket cancellation time calculate from origination of train or bording of train time if ticket is waiting List or RAC.
2) Kindly provide the total ticket issue details of Bareilly Rly under division of moradabad of the window no: 1 and window no. 2 of the date 26.01.19 between 2220 hrs to 2330 hrs. Window ticket details should be separate.
3) Provide the contact details of CCM Moradabad division and persons details who deals the commercial complain along with correct mail id and conta details (either service mail and telephone no which is in operation not dead contact details) or personal contact details.
4) Who will be appointed for cancellations of W/L ticket after reservation window closed place and designation of person.
5) Who was appointed for duty to W/L ticket cancellation on 26.01.19 at Bareilly Rly stn, provide all concern details.
6) Provide the action taken on each my complain I received each complain reply blank so I could check action taken on my complaints. Provide action taken against the mentioned all complain and reply each complain action taken separately.
7) Complain details (online) W/NR/MB/000487330, W/NR/MB/000487340, A/NR/MB/000498929, NR/MB/000507128, A/NR/MB/000507130, A/NR/MB/000490896, A/NR/MB/000513380, A/NR/MB/000514376, A/NR/MB/000517489
8) Provide reasons for not provide information within stipulated time RTI APPLICATION NO. NRMRD/R/2019/50094 DATED 06.07.19.
9) PROVIDE DRM office contact details along with email and telephone which is in operation not dead contact no.
10) Provide the provisions and details if moradabad division and its authority not attending my complain properly to whom I have to intimate and way intimate.
11) Provide flow chart and organisation chart with contact details of all moradabad division complain resolve authority details."Page 2 of 4
CIC/NRAIL/C/2020/660918 Ms. Jyoti Batheja, CPIO and Dy. Chief Comml. Manager/Claims-I, Northern Railway, New Delhi vide letter dated 25.09.2019, transferred RTI application u/s 6(3) to Sr. Divisional Material Manager cum PIO, N. Railway, DRM's Office, Moradabad and copy endorsed to SCM/Refund, Northern Railway, Station Building, New Delhi and also to the Complainant. Being dissatisfied, the Complainant approached the Commission vide this instant Complaint.
Grounds for Complaint:
The Complainant filed a Complaint u/s 18 of the RTI Act on the ground of unsatisfactory reply furnished by the Respondent.
Submissions made by Complainant and Respondent during Hearing:
The Complainant did not participate despite being served the hearing notice.
The Respondent submitted that appropriate information was provided to the Complainant within the stipulated time-frame. He further submitted that the Complainant is seeking interpretation of rules, laws etc., which is beyond the purview of Section 2(f) of the RTI Act. He furthermore submitted that this Bench vide Second Appeal File No. CIC/NRAIL/A/2019/644244 heard on 22.07.2021 decided the matter, which is similar to the subject-matter of the instant RTI Application Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the averments made by the Respondent have merits and the same is upheld. Moreover, since the Complainant has not participated in the hearing, the Commission proposes to consider the Page 3 of 4 CIC/NRAIL/C/2020/660918 present Complaint as constructive res judicata because the Bench has pronounced a reasoned, speaking order in the aforesaid Second Appeal. With the above observations, the instant Complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The Complaint, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date : 14.12.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) / ADRM Northern Railway DRM's Office, Moradabad
2. The Central Public Information Officer (CPIO) / Sr. Divisional Material Manager Northern Railway DRM's Office, Moradabad
3. Mr. Nicholas Page 4 of 4