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C Thanigaivel vs Southern Railway on 4 March, 2022

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                       के न्द्रीयसच
                                                  ू नाआयोग
                             Central Information Commission
                                     बाबागंगनाथमागग,मुननरका
                             Baba Gangnath Marg, Munirka
                               नईनिल्ली, New Delhi - 110067

द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/SORLY/A/2020/128943 -UM



Mr. C Thanigaivel

                                                                       ....अपीलकताा/Appellant
                                            VERSUS
                                              बनाम



CPIO,
Southern Railway Hq Office
Personnel Branch
Chennai - 600003



                                                                       प्रद्वतवादीगण /Respondent



Date of Hearing      :              03.03.2022
Date of Decision     :              04.03.2022

Date of RTI application                                               21.01.2020
CPIO's response                                                       22.01.2020
Date of the First Appeal                                              31.01.2020
First Appellate Authority's response                                  21.02.2020
Date of diarized receipt of Appeal by the Commission                  29.09.2020

                                           ORDER

FACTS The Appellant vide RTI application sought information, as under;-

ETC.

The CPIO vide letter dated 22.01.2020, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated 21.02.2020, upheld the reply of the CPIO. Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Present through AC Respondent: Ms Bhagyalakshmi Selvakumar , Chief Welfare Inspector Present through AC The Appellant while reiterating the contents of the RTI Applications submitted that he had sought information regarding General information of S &W examination. He alleged that despite the fact that the selection process had been completed, no information had been furnished to him. He further complained that he had previously filed several RTIs on Southern Railway, but due to the cavalier attitude of the Respondent authority, factually inaccurate information was provided with a delay of two years.

The respondent submitted that the selection process has been completed and that the applicant will be provided with information.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the CPIO to re-examine and furnish a correct and complete information to the Appellant, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 25 days from the receipt of this order under the intimation to the Commission.

Further the Commission takes a serious view of the concerned CPIO for the mishandling of the RTI Application and for not providing the information to the Appellant and directs the CPIO to submit a written submission before the Commission, explaining the reason for not furnishing the information , along with the comments of the First Appellate Authority, both by post and by uploading to http://dsscic.nic.in/online-link-paper-compliance/add. The above directions shall be complied with within a period of 30 days from the date of receipt of this order under intimation to the Commission.

The Appeal stands disposed accordingly.

(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणतएवसं त्याद्वपतप्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पजं ीयक) 011-26182598 द्वदनांक / Date: 04.03.2022 Page 3 of 3