Central Information Commission
Kumari Rupamani vs East Central Railway (Hajipur) on 6 May, 2020
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/ECRHJ/A/2018/157489
Kumari Rupamani ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, East Central Railway, ... ितवादीगण /Respondent
Divisional Office, Mughalsarai.
Relevant dates emerging from the appeal:
RTI : 12.04.2018 FA : 28.05.2018 SA : 18.09.2018
CPIO : 05.06.2018 FAO : 27.07.2018 Hearing : 01.05.2020
ORDER
Brief Facts:
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), East Central Railway, Divisional Office, Mughalsarai seeking information on six points Page 1 of 4 pertaining to payment of settlement dues and compassionate appointment vide V.R.S. Scheme, on grounds of death while in service, including, inter-alia;
"(i) Provide certified copy of certificate issued against the application 31.07.2017 by Member of Gram Panchayt, and a copy of affidavit given by Chanchala Devi and Smt. Chandramani Devi.
(ii) Despite of the father's registered will, whether the gratuity, fund, insurance will be granted to all or is granted to will executor only? What are its grounds?
(iii) Whether the evidence of registered will and heir certificate filed by the appellant is available in the department? Provide a certified copy of the same."
And other related information.
2. The CPIO, vide letter dated 05.06.2018, provided information against point no. 2 - 6 and with regard to point no. 1, the CPIO denied information under Section 8(i)(j) of RTI Act, 2005. Being dissatisfied, the appellant filed first appeal dated 28.05.2018 which was not disposed of by the FAA on 27.07.2018. Thereafter, the appellant filed a second appeal u/Section 19(3) of the RTI Act before the Commission and requested the Commission to direct the CPIO to provide the information sought for.
Hearing:
3. The appellant was not present despite notice. The respondent, Shri Ravinder Kumar, APO, East Central Railway, Divisional Office, Mughalsarai attended the hearing through audio conferencing. The written submissions are taken on record.
4. The respondent submitted that a second appeal in the matter has already been heard and disposed of by the Commission vide Decision No. CIC/ECRHJ/A/2018/145826 dated 19.03.2020.Page 2 of 4
Decision:
5. The Commission, after hearing the submissions of respondent and perusing the records, notes that a second appeal in a similar matter has already been heard and disposed of by the Commission vide File No. CIC/ECRHJ/A/2018/145826 dated 19.03.2020. The decision taken in that matter shall apply to this case also.
The Commission further notes that the RTI Act, 2005, does not confer any power of review to the Commission. Hence, no further intervention of the Commission is required in the matter.
6. With the above observations, the appeal is disposed of.
7. Copy of the decision be provided free of cost to the parties.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date - 01.05.2020 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), M/o Railways, East Central Railway, Divisional Office, Mughalsarai, Distt.-Chandauli, Uttar Pradesh.Page 3 of 4
2. The Central Public Information Officer (CPIO), Cum-Sr. Divisional Personnel Officer, M/o Railways, East Central Railway, Divisional Office, Mughalsarai, Distt.-Chandauli, UP.
3. Kumari Rupamani Page 4 of 4