Central Information Commission
Rajkumar Rana vs Northern Railway on 2 November, 2018
क य सूचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगानाथ माग
Baba Gangnath Marg,
मु नरका, नई द ल -110067
Munirka, New Delhi-110067
File No.: CIC/NRAIL/A/2017/104291
In the matter of:
Rajkumar Rana
...Appellant
VS
PIO, DRM's Office, Northeast Railway,
Ashok Marg, Prem Nagar, Hazratganj,
Lucknow, U.P- 226001
&
PIO/Sr. DCM
Northeast Railway
O/o the DRM, Ashok Marg,
Prem Nagar, Hazratganj, Lucknow - 226001.
&
Shri Jagtosh Shukla
Sr DCM
Northern Railway
Lucknow 11, Northern Railway Building,
Mahatama Gandhi Marg, Near LIC Office,
Hazratganj, Lucknow, Uttar Pradesh 226001
...Respondents
Dates
RTI application : 11.04.2016
CPIO reply : Not on Record
First Appeal : 11.07.2016
FAA Order : Not on Record
Second Appeal : 17.01.2017
Date of hearing : 15.03.2018, 09.10.2018
Facts:
The appellant vide RTI application dated 11.04.2016 sought details of the passenger who travelled from Lucknow to Chandigarh in coach A-1, Upper berth in train no 15011 on 01.04.2016. The CPIO's reply or the First Appellate Authority (FAA)'s order is not on record. Aggrieved with the non-supply of the 1 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 17.01.2017.
Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Present
Respondent : Shri Ram Yash,
Office Superintendent, representative of APIO, Northeast Railway During the hearing, the appellant pressed for levying penalty on the errant respondent authority in the present case.
During the hearing, the respondent APIO admitted that no reply was provided to the appellant in the present case.
On perusal of the case record, it was seen that the said RTI application was transferred validly u/s 6(3) of the RTI Act on 19.4.2016. It was also seen that sought for information is exempted u/s 8(1)(j) of the RTI Act but no reply was provided to the appellant under the provision of the RTI Act.
In view of the above, a Show Cause notice is issued to the then respondent PIO and Sr. DCM, Lucknow and present PIO, DRM office, Lucknow to explain the following:-
(i) Why no reply was provided to the appellant even when the said RTI application was transferred validly u/s 6(3) of the RTI Act on 19.4.2016; (the then respondent PIO and Sr. DCM, Lucknow to explain);
(ii) Why the respondent PIO was not present on the day of hearing before the CIC (the present respondent PIO and Sr. DCM, Lucknow to explain);
The explanation(s) to the above stated Show Cause notice(s) is/are to be submitted to the Commission by the respondent CPIO/PIO within 15 days of the receipt of this order. The present PIO, office of the DRM, Lucknow is also to 2 submit a report to the Commission indicating the name, address, mobile no., present place of posting and designation of the then PIO working at the relevant post at the relevant period. The present respondent PIO is to serve a copy of this order to the then respondent PIO under intimation to the Commission. On receipt of the explanation(s) to the said Show Cause notice(s), further action as deemed appropriate will be taken.
The then respondent PIO(s) should note that in the event of non- submission of the explanation within the time stipulated above, the Commission has the liberty to take the required decision ex-parte against the respondent PIO(s).
Be that as it may, since no desired information was provided to the appellant in the present case, the present respondent PIO, office of the DRM, Lucknow is directed to provide point wise reply complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. note sheet, letter, correspondence, e-mail etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 15 days of the receipt of the order. For this purpose, the concerned PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.
The respondent PIO 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 Show cause /direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
Adjunct Order : 09.10.2018
Respondent : Shri K.K Kannojia, Sr DMM
Smt. Jyoti Bhaskar, Sr EDPM
Lucknow, North East Railway
Smt. Jyoti Bhaskar, the EDPM submitted that the said RTI application of Shri Rajkumar Rana dated 11.04.2016 was addressed to the PIO, Northern Railway, Lucknow Division. That the said RTI application was never addressed to the North Eastern railway.
3The present Sr. DCM, Northern Railway, Lucknow Shri Jagtosh Shukla was sent copy of the hearing notice through e-mail dated 08.10.2018. However, the notice was not sent to the Northern Railway's present Sr. DCM and the Sr. DCM and instead it was sent to the PIO, North East Railway, which was not correct for which the concerned registry of the Commission is warned to be careful in future.
A strict warning is issued to the then Sr DCM, Northern Railway, Lucknow who was posted in April 2016 for not replying to the appellant even when the said RTI application was transferred validly u/s 6(3) of the RTI Act on 19.4.2016 to him.
Apart from the above, Shri Jagtosh Shukla is issued strict warning for not attending the Commission's hearing despite notice being served through e-mail on him. Moreover he is directed to serve copy of this warning to the then Sr DCM, who was posted in April 2016 as discussed above.
With the above direction, the showcause proceeding is treated as closed. Copies of the order be sent to all the concerned parties free of cost.
अिमताभ भ टाचाय)
Amitava Bhattacharyya (अिमताभ टाचाय
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अिभ मा णत स या पत ित)
Ajay Kumar Talapatra (अजय कुमार तलाप!)
Dy. Registrar (उप-पंजीयक)
011- 26182594 / [email protected] दनांक / Date 4