Central Information Commission
Mrmohd Farooque vs Ministry Of Railways on 10 June, 2016
CENTRAL INFORMATION COMMISSION
Room No.6, Old JNU Campus, New Delhi110067
Tel: 01126182597/Telefax:26182598
Appeal No.:CIC/VS/A/2014/000818/BJ
Appellant: Mohd. Farooque
621/2C, Ramnagar Colony
P.O. Adhartal482004
Jabalpur (Madhya Pradesh)
Respondent: CPIO
Office of the DRM,
West Central Railways,
Jabalpur (MP)
Date of Hearing : 10/06/2016
Date of Decision : 10/06/2016
Date of filing of RTI application 24.07.2013
CPIO's response 06.09.2013
Date of filing the First appeal 07.10.2013
First Appellate Authority's response Not on record
Date of filing second appeal before the 25.04.2014
Commission
O R D E R
FACTS:
The appellant had requested for the following information:
1. "The criteria for charging of superfast charges;
2. Whether charging of superfast charges for a train which is apparently categorised nonsuperfast train is not an irregular practice of Indian Railways;
3. If it stands irregular, then would it be modified and who would be the competent authority to refund the component of superfast charges in the larger interest of Railway users;
4. What would be the commercial procedure of taking refund of the superfast charges already paid by the passengers?"Page 1 of 3
While the CPIO had furnished information in respect of point 01, the appellant was not satisfied with the answers given to points 03 to 04 of the application. He had, therefore, appealed before the FAA who had not replied.
Aggrieved by the incomplete reply furnished by the CPIO and the FAA, the appellant had filed his second appeal before the Commission seeking the following information:
1. The basic criteria on which superfast trains are reckoned;
2. Whether train No.11045/11046 is superfast train;
3. What are the criteria for charging of supplementary charge of superfast trains;
4. Whether supplementary charges of superfast train as being charged for journey in train No.11045/11046 are found to be in order.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Mohd Farooque (M:9425801030) through VC; Respondent: Mr., Deepak Gupta, CPIO/Sr.DPO(M:9752418600) and Mr. Manoj Kumar Gupta, Divisional Commercial Manager/Nodal Officer (M:9752418951);
The appellant stated that he had not been given satisfactory information. He was provided with a copy of a circular wherein it was stated that trains with average speed of 55km/hr fell in the category of superfast trains. However, the train in question (No.11045) had an average speed of 49 km/hr. And for two other queries, the respondents replied stating that "the information does not pertain to their department".
OBSERVATION:
The Commission observed that the respondents erred in applying section5(4) of the RTI Act in dealing with the RTI matter at hand. The information sought was of generic nature and the respondents could have provided complete information to the appellant. Indian Railways, being the country's largest public carrier and carrying millions of passengers every day, is advised to notify such generic information regarding categories, criteria and classification of trains on its website so as to educate the travelling passengers in the light of section4 disclosures of the RTI Act, 2005. The Commission appreciated the alertness and agility of the appellant in noticing each detail of the information disseminated by the public authority in this respect that took the respondents by a surprise. This in true sense reflects the empowerment of the citizenry through the RTI Act, 2005.
DECISION:
Considering the facts of the case and submissions made by the respondents, it is evident that complete information had not been supplied to the appellant. The respondents are directed to provide complete information after seeking assistance under Section 5(4) of the RTI Act, 2005 from other CPIO within the public authority, within 30 days, from the date of receipt of this order.
The appeal stands disposed with this direction.Page 2 of 3
(Bimal Julka) Information Commissioner Authenticated True Copy:
(K.L.Das) Deputy Registrar Page 3 of 3