Sunil Kumar vs Eastern Railway (Kolkata) on 11 March, 2024

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Central Information Commission

Sunil Kumar vs Eastern Railway (Kolkata) on 11 March, 2024

                              के न्द्रीय सूचना आयोग
                       Central Information Commission
                           बाबा गंगनाथ मागग, मुननरका
                        Baba Gangnath Marg, Munirka
                         नई दिल्ली, New Delhi - 110067


File Nos : CIC/MORLY/A/2023/148411
           CIC/ERAIL/A/2023/148316

Sunil Kumar                                              .....अपीलकर्ाग/Appellant

                                        VERSUS
                                         बनाम

CPIO,
Railway Board, JDPG & Nodal
CPIO (Coord), 5th Floor, Rail
Bhawan, New Delhi - 110001.

CPIO,
Eastern Railway H Q Fairlie
Place, 1st floor, 17 N S
Road, Fairlie Place
Kolkata-700001                                        ....प्रनर्वािीगण /Respondents


Date of Hearing                     :    29-02-2024
Date of Decision                    :    07-03-2024

INFORMATION COMMISSIONER :               Vinod Kumar Tiwari

The above-mentioned second appeals are clubbed together as the Appellant
is common and subject-matter is similar in nature and hence are being
disposed of through a common order.

Relevant facts emerging from appeal:

RTI application filed on            :    10-08-2023
CPIO replied on                     :    Not on record
First appeal filed on               :    16-09-2023
First Appellate Authority's order   :    Not on record
                                                                        Page 1 of 11
 2nd Appeal/Complaint dated          : 10-12-2023
                                 CIC/MORLY/A/2023/148411

Information sought

The Appellant filed an RTI application dated 10.08.2023 seeking the following information:

"Particular of Information Sought U/S 6(1) RTI Act 2005. Reference: (a): Enclosed herewith a copy of the "Revised Escorting Pattern"

issued by the Sr. DEE/G/HWH vide notification No. EL/HWH/90/Instruction, dated 01.08.2023.

Reference (b): Enclosed herewith a copy of the Commercial Policy Circular No. 45/2005, dated 09.011.2005 of Railway Board.

Reference (c): A copy of the case detail enclosed herewith is pending before the Hon'ble CAT Kolkata Bench vide case No. OA 1214 of 2022 related to the deployment of single OED in escorting duty in power cars under ACC, Electrical (G) Department, Howrah, Eastern Railway.

Reference (d): Copy of representation dated 02.08.2023 enclosed herewith, that was submitted before EMRC Branch III, by the Area Council President of the Eastern Railway Men's Congress.

In regard to above reference please furnish the following information:-

i. Please refer to ref. No. (a) and furnish the certified copy of any order or circular of the Railway Board on the basis of which such guidelines for revised escorting pattern have been issued by the Sr. DEE/G/Howrah.

ii. It has been come to notice that again on and from 05.08.2023 the Pattern of escorting staff has been revised in trains; Howrah Jodhpur, Howrah Bikaner, Howrah Bhopal, Howrah Barmer, and Howrah Rajhdhani. Please furnish the copy of any circular/ order of Railway Board on the basis of which on and from 05.08.2023 the pattern was revised.

iii. Please refer to ref. No. (a) and furnish the list and No. of trains wherein the number of escorting staff has been again increased on and from 05.08.2023.

iv. Please refer to ref. No. (a) and inform whether the Sr. DEE/G/Howrah is the supreme authority to issue any guidelines or instructions relating to the deployment of Nos. of staff in escorting duty? Please furnish a copy of such an authority letter, any circular, or any order of the Railway Board that empowers Sr. DEE/G/Howrah Division to make sudden changes in escorting staff.

Page 2 of 11

v. Please refer to ref. No. (a) and inform if any untoward incident occurs due to insufficient escorting staff in power cars, what safety measures have been taken by the Eastern Railway to handle any emergency situation.

vi. Please inform the number of OED staff and helpers that are required in the yard to maintain a single power car as per the latest yardstick norms. Please furnish a certified copy of that . yardstick circular pertaining to the same. vii. Please inform the total required hours that are allotted to OED and Helper staff in the yard to maintain a single power car as per the latest yardstick norms. Please furnish a certified copy of that yardstick circular pertaining to the same.

viii. It has come to the notice that under 750 watts of high voltage in working power cars (Escorting) and in non-working power cars (Yard maintenance), the OED staff are working without helpers, putting their lives at stake. Please furnish the reasons why the escorting staff works under such conditions without helpers.

ix. A video is circulating in the public where one R.C. Rajbhar (OED Tech 1), on 04.07.2023 in train No. 12341 UP ASN LINK TRAIN, is performing the duty of coupling. Please furnish a copy of the circular that directs that the duty of coupling be assigned to OED staff..

x. Please inform me which staff or department is responsible for coupling duty in trains. Please furnish a copy of the circular/order of the Railway Board or Eastern Railway that assigned such duty to such a department.

xi. In Link Train No. 12341 UP/12342 DN Aginibina, Train No. 12337 UP/12338 DN Shantiniketan, and Train No. 12339 UP/12340 DN, 12 times attachments and detachments of couplings are done, and surprisingly, in these trains only 1 OED, 1 technician, and 1 Train Lighting staff are being deployed without any helpers, but before 04.08.2023 one helper staff was also deployed in these trains. Please furnish a certified copy of any order of the Railway Board or Eastern Railway with the help of which the helper staff is removed from these trains.

xii. In Link Train No. 13011 Up/13013 DN Malda Intercity City, and Train No. 03047 Up/03048 DN Viswabharti Fast Passenger, 8 times attachments and detachments of couplings are done, and surprisingly, in these trains only 1 OED, 1 technician, and 1 Train Lighting staff are being deployed without any helpers, but before 04.08.2023 one helper staff was also deployed in these trains.

Page 3 of 11

Please furnish a certified copy of any order of the Railway Board or Eastern Railway with the help of which the helper staff is removed from these trains.

xiii. Please refer to ref. No. (b) and inform if any latest circular has been issued by the Railway Board after this circular? If yes, please furnish a certified copy of that circular.

xiv. Please refer to ref. No. (c); a case pertaining to the deployment of single OED staff is still pending before the Hon'ble CAT Kolkata bench. Have Eastern Railway received any directions from the Hon'ble CAT related to the deployment of single OED on escorting duty? If yes, please furnish a copy of that direction.

xv. Please refer to ref. No. (d), and furnish the action taken report on this representation."

The CPIO vide its letter dated 12-09-2023 had provided point-wise reply/information to the Appellant. Being aggrieved, the appellant filed a First Appeal dated 16.09.2023. The FAA order is not on record.

CIC/ERAIL/A/2023/148316 Information sought:

The Appellant filed an RTI application dated 10.08.2023 seeking the following information:

"Particular of Information Sought U/S 6(1) RTI Act 2005. Reference: (a): Enclosed herewith a copy of the "Revised Escorting Pattern"

issued by the Sr. DEE/G/HWH vide notification No. EL/HWH/90/Instruction, dated 01.08.2023.

Reference (b): Enclosed herewith a copy of the Commercial Policy Circular No. 45/2005, dated 09.011.2005 of Railway Board.

Reference (d): Copy of representation dated 02.08.2023 enclosed herewith, that was submitted before EMRC Branch III, by the Area Council President of the Eastern Railway Men's Congress.

i. Please refer to ref. No. (a) and furnish the certified copy of any order or circular of the Railway Board on the basis of which such guidelines for revised escorting pattern have been issued by the Sr. DEE/G/Howrah.

Page 4 of 11

ii. It has been come to notice that again on and from 05.08.2023 the Pattern of escorting staff has been revised in trains; Howrah Jodhpur, Howrah Bikaner, Howrah Bhopal, Howrah Barmer, and Howrah Rajhdhani. Please furnish the copy of any circular/ order of Railway Board on the basis of which on and from 05.08.2023 the pattern was revised.

iii. Please refer to ref. No. (a) and furnish the list and No. of trains wherein the number of escorting staff has been again increased on and from 05.08.2023.

vii. Please inform the total required hours that are allotted to OED and Helper staff in the yard to maintain a single power car as per the latest yardstick norms. Please furnish a certified copy of that yardstick circular pertaining to the same.

Page 5 of 11

xi. In Link Train No. 12341 UP/12342 DN Aginibina, Train No. 12337 UP/12338 DN - Shantiniketan, and Train No. 12339 UP/12340 DN, 12 times attachments and detachments of couplings are done, and surprisingly, in these trains only 1 OED, I technician, and 1 Train Lighting staff are being deployed without any helpers, but before 04.08.2023 one helper staff, was also deployed in these trains. Please furnish a certified copy of any order of the Railway Board or Eastern Railway with the help of which the helper staff is removed from these trains.

xii. In Link Train No. 13011 Up/13013 DN Malda Intercity City, and Train No. 03047 Up/03048 DN Viswabharti Fast Passenger, 8 times attachments and detachments of couplings are done. and surprisingly, in these trains only 1 OED, I technician, and 1 Train Lighting staff are being deployed without any helpers, but before 04.08.2023 one helper staff was also deployed in these trains. Please furnish a certified copy of any order of the Railway Board or Eastern Railway with the help of which the helper staff is removed from these trains.

xiii. Please refer to ref. No. (b) and inform if any latest circular has been issued by the Railway Board after this circular? If yes, please furnish a certified copy of that circular.

xv. Please refer to ref. No. (d), and furnish the action taken report on this representation."

The CPIO vide its letter dated 15-09-2023 had provided point-wise reply/information to the Appellant. Being aggrieved, the appellant filed a First Appeal dated 16.09.2023. The FAA order is not on record.

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Page 6 of 11

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not Present.

Respondent: Ms. Sheba Brittas, DDT (G), Ms. Neha Kumari, SO present in person. Ms. Garima, DEEG & APIO, Mr. Sanjay Kumar, Sr. DPO & PIO and Shri Sachinder, ASC present through Video-Conference.

The written submissions of the Respondents are taken on record.

The Respondents while contesting the second appeal of the Appellant submitted that complete point-wise reply/information, as per the documents available on record was provided to the Appellant vide letters dated 12.09.2023 and 15.09.2023. The replies of the Respondents were seen during the hearing.

Decision:

The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observes that the Appellant in his second appeal is aggrieved that complete and correct information was not provided to him as per his RTI application.

The Commission observes that complete point-wise reply/information has already been informed to the Appellant as per his RTI application as per the provisions of the RTI Act.

In this regard, the Commission finds no infirmity in the reply and the same was found to be in consonance with the provisions of RTI Act.

Be that as it may, the Commission finds it pertinent to mention that today 9 (nine) second appeals of the Appellant are being heard so that he does not have to appear frequently in the hearing on different dates and his time and resource are saved besides saving him from inconvenience. On one hand, the Commission is devoting very substantive time on his cases, and on the other, the Appellant by choosing to be absent in the hearing, has adopted a very casual, in fact, irresponsible approach.

Page 7 of 11

In view of this, the Commission finds it pivotal to highlight a recent decision of this bench, wherein aspect of "misuse of the right to information Act by the Appellant" has been explained in a manner. In this regard, ratio laid down in the matter of Nandkishor Gupta v. CPIO, Northwestern Railway, Head Quarter Office, Malviya Nagar, Jaipur - 302017. The relevant portion of the said judgment is as under:

"The Appellant being a serving employee of the respondent Public Authority has as much right to information as is available to any other citizen of India. However, such a serving employee has an added obligation to frame the request in simplest and most easily understood form possible because he/she knows the circumstances under which his/her colleagues are working while also discharging the additional duty as CPIO and FAA. Therefore, the conduct of the Appellant in the present matter, to say the least, is questionable and is not appreciated.

Accordingly, the appellant is cautioned and admonished wherein he should keep in mind that the RTI Act should be used judiciously, sensibly and responsibly so that purpose of the RTI Act would not be defeated. The Commission leaves it to the concerned disciplinary authority for any consequent action in the matter. "

The Commission further observes that the Appellant appears to have misinterpreted the scope and ambit of the RTI Act and is largely not well acquainted with the basic requirements and interpretation of the Act in terms of what to ask, how to ask and most importantly, what to expect from the CPIO(s) & FAA in exercise of his right to information.

The Commission further observes from a perusal of the facts on record that the information sought for in the RTI Application is unspecific/cumbersome and does not even conform to the word limit of 500 as prescribed in Rule 3 of RTI Rules, 2012. As it appears it would be impossible for the public authorities to provide information of such magnitude in any form and will be further unreasonable to expect the CPIOs to correctly apply their mind to decipher what information can be provided or what should be exempted. Moreover, in the instant RTI Application, the Appellant has sought for multitude information involving clarifications/explanation from the CPIO which also do not conform to Section 2(f) of RTI Act. Despite these, the Respondent has provided point- wise reply/information to the Appellant, in the spirit of the RTI Act.

Page 8 of 11

Even if the Commission were to empathetically consider the concerns raised by the Appellant in his second appeal, he is reminded of the fact that his right to information is neither absolute nor unconditional. That, it is rather unfortunate that even the best of intentions have to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by the superior Courts in a catena of judgments such as the Hon'ble Supreme Court's observation in the matter of Central Board of Secondary Education (CBSE) & Anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:

"37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information,(that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information.

The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Page 9 of 11 Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties."

The Commission observed that despite due notice, the Appellant neither appeared in person nor through someone duly authorized by him before the Commission to press his case. The Commission further observed that the Appellant has earlier filed 4 (four) number of Appeals with the Respondent Public Authority, he has not appeared in any case. Further, the Appellant has not enclosed his identity proof along with his second appeal. Even an official from Metro Railway, HQ, Kolkata appearing in this case informed the Commission that whenever they send replies to the Appellant through office dak runner, it was returned with the remarks "no one with the name of Sunil Kumar is residing on the address".

It is also noted that all the RTI applications have been filed in offline mode and payment has been made through postal orders.

In the past also, the Appellant never appeared before the CPIO/FAA when opportunity was afforded for hearing the specific requirement of information or grievances, if any.

The Appellant has not disclosed the public purpose, if any, for seeking such detailed and highly specific information.

It appears that the Appellant does not intend to disclose his/her true identity. The knowledge displayed in the RTI application indicates the person is well versed with the subject of Indian Railways, its functioning and particularly the electrical works of various types of coaches.

The Registrar, CIC is directed to ensure that the Appellant invariably submits his identity proof before his case is registered in future.

Further, in future, if the Appellant files RTI application response to which is to be ultimately furnished by a CPIO closer to the address of the Appellant then the Respondent is advised to facilitate inspection of records to the Appellant by calling him in their office within the said jurisdiction as first opportunity and if the Appellant has any grievance then same may be heard and effort be made to redress it.

Page 10 of 11

The Appellant has not been judicious in the use of RTI Act and has been using it as a tool to harass the Public Authority. The Appellant is therefore cautioned to exercise his right to information in an informed and judicious manner.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Date 07-03-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date Page 11 of 11

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Sunil Kumar vs Eastern Railway (Kolkata) on 11 March, 2024