Central Information Commission
Parmanand Agarwal vs Ministry Of Railways on 13 February, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MORLY/A/2017/105703
Parmanand Agarwal ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, M/o. Railways, ... ितवादी /Respondents
Western Railways, DRM's Office,
Ahmadabad
2. CPIO, M/o. Railways,
Northern Railway, Moradabad
Relevant dates emerging from the appeal:
RTI : 29.08.2016 FA : 05.12.2016 SA : 27.01.2017
CPIO : 16.09.2016 FAO : Not on record Hearing : 12.02.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o. Railways, Western Railway, Moradabad seeking information on seven points, including, inter-alia (i) Number of passengers to whom RAC ticket has been issued for 3 A/C on 21.08.2016 in train number 19031 between Ahmadabad to Haridwar; (ii) Page 1 of 4 Number of 3 A/c seats cancelled in train number 19031 after the chart was made; and (iii) Details of numbers of passengers to whom 3 A/c seats had been allotted after the chart has made in train number 19031 along with copy of reservation chart, etc.
2. In response to the RTI application dated 29.08.2016, the respondent no. 1 responded point-wise to the appellant vide letter dated 16.09.2016. The respondent no. 2 vide its letter dated 14.12.2016 informed the appellant to deposit a sum of Rs. 4000/- towards copying charges in order to obtain information. Not satisfied with the CPIO reply, the appellant filed the first appeal dated 05.12.2016 on the ground that no information has been provided to him. After receiving no response, the appellant filed a second appeal under Section 19(3) of the RTI Act, 2005 before the Commission on the ground that the CPIO should provide him complete information, free of cost as sought by him in his RTI application.
Hearing:
3. The appellant was not present despite notice. The respondent no. 1, Shri Gaurav Jain, APIO & ACM participated in the hearing through video- conferencing. The respondent no. 2, Shri Ajay Kumar, DCM participated in the hearing through video-conferencing.
4. The respondents submitted that vide letters dated 16.09.2016 and 13.10.2016, complete point-wise reply/information has already been provided to the appellant. The respondent no. 2 further submitted that vide their letter dated 14.12.2016, they have informed the appellant to deposit a sum of Rs. 4000/- as per the Railway rules in order to obtain copy(s) of reservation chart. He stated that the appellant has not deposited any amount to obtain the information.
Decision:
5. The Commission, after hearing the submissions of the respondents, observed that complete information except copy(s) of reservation chart has been provided to Page 2 of 4 the appellant. The Commission further observes that the copying fee rules of the Railways are not consistent with the RTI rules. The photocopy charges must be in accordance with the RTI rules. In the interest of justice, the Commission directs the respondent no. 2 to give copy(s) of reservation chart (as sought by the appellant) free of cost, within a period of 15 days from the date of receipt of this order.
6. With the above observations, the appeal is disposed of.
7. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date 12.02.2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा) Dy. Registrar (उप-पंजीयक) (011-26105682) Addresses of the parties:
1. The Central Public Information Officer (CPIO), M/o. Railway, PIO & Divisional Commercial Manager, Western Railway, DRM's Office, Near Chamunda Mata Mandir, Opp. G.C.S. Hospital, Naroda Road, Post-Sajipur Bogha, Ahmadabad-382345
2. The Central Public Information Officer (CPIO), M/o. Railway, Northern Railway, DRM's Office, Moradabad, U.P. Page 3 of 4
3. Shri Parmanand Agarwal, Page 4 of 4