Central Information Commission
Anil Kumar vs Northern Railway Firozpur on 29 January, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/NRALF/A/2023/100997
Anil Kumar .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
DRM Office, Firozpur Division,
Northern Railway,
Ferozepur -152001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 24-01-2024
Date of Decision : 27-01-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 26-08-2022
CPIO replied on : Not on record
First appeal filed on : 12-10-2022
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 31-12-2022
Information sought:
The Appellant filed an RTI application dated 26.08.2022 seeking the following information:
"A) Copies of Seniority list of Combined SOM (Works), JE (Works),SSE (Works) issued by Firozpur Division which include Mason Mistry /SOM (Works ),JE (Works),SSE (Works) working under CAO/Kashmere gate & CAO/USBRL Jammu Tawi but their liaison is in Firozpur Division, from year 2015 to year 2022.
B) Copies of letters issued by Firozpur Division Year between January 2016 to July 2022 after pay fixation giving MACP's to Mason Mistry/ SOM (Works), JE (Works),SSE 1 (Works) working under CAO /Kashmere gate & CAO/USBRL Jammu Tawi but their liaison is in Firozpur Division.
C) Copy of letters collected by Firozpur Division issued by CAO/Kashmere gate & CAO/USBRL Jammu Tawi, Year between January 2015 to July 2022 of pay fixation after giving three MACP's to Mason Mistry/ SOM (Works),JE (Works),SSE (Works) working under them, but their liaison is in Firozpur Division.
D) Supply the copy of Judgement of CAT/NDLS and CAT/Chandigarh after implementing its direction FZR Division gave all Mason Mistry, SOM (Works) working in CAO /Kashmere gate & CAO/USBRL Jammu Tawi but their liaison is in Firozpur Division Grade pay 4200(1400-2300).
E) Provide the list of candidates name, designation, who were working as Mason Mistry, SOM (Works) in year 2015 to July 2022 working under CAO/Kashmere gate & CAO/USBRL Jammu Tawi but their liaison is in Firozpur Division, given three MACP with grade pay 5400.
G) Provide the list of candidates who were working as Mason Mistry, SOM (Works) in year 2015 and Division given grade pay 4200 on direction of CAT working under CAO/Kashmere gate & CAO/USBRL Jammu Tawi but their liaison is in Firozpur Division, given three MACP and retired with grade pay 5400, settlement case finalized by Firozpur Division H) Provide the MACP copies of candidates whose Liasion with Firozpur Division were working as Mason Mistry, SOM (Works) in year 2015 to July 2022 under CAO/Kashmere gate & CAO/USBRL Jammu Tawi and retired between year 2015 to July 2022 and retired with grade pay 5400, settlement case finalized - by Firozpur Division."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 12.10.2022. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Shri Ajay Sharma, ADMM & APIO, attended the hearing.
The Appellant did not participate in the hearing despite being served the hearing notice in advance.2
The Respondent submitted that IPO given by the Appellant with the instant RTI Application was wrongly addressed to Sr. DMM/FZR instead of Sr. DFM/FZR and accordingly the said RTI Application was not registered in their database.
Upon being questioned by the Commission that whether this reply was given to the Appellant, the Respondent submitted that this reply was given to the Appellant vide letter dated 06.09.2022 by the CPIO and the same has been received by the Appellant on 08.09.2022 as per their records. He added that the First Appellate Authority vide letter dated 10.11.2022 has also informed the Appellant to submit proper IPO for the RTI Application but to no avail.
A written submission has been received from Shri Kuldeep Singh Dhaliwal, Sr. DMM/FZR, Northern Railway, vide letter dated 18.01.2024, a copy of which has been sent to the Appellant and the same has been taken on record.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the instant RTI Application has not been registered till date due to improper IPO and the same has also been informed to the Appellant vide letter dated 06.09.2022 and 10.11.2022. Hence, the Commission considers that the present petition is not maintainable being infructuous.
The case stands dismissed accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date 27-01-2024 3