Central Information Commission
Sarfaraz Ali Khan Niyazi vs Railway Board on 7 April, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/RAILB/A/2019/150933
Sarfaraz Ali Khan Niyazi .....अपीलकता/Appellant
VERSUS
बनाम
C.P.I.O,
Northeast Frontier Railway
O/o Divisional Railway Managers
Katihar, Bihar - 854 105 ..... ितवादीगण /Respondent
Date of Hearing : 17-09-2021 & 12.01.2026
Date of Interim Decision : 22-11-2021 & 12.01.2026
Date of SCN Hearing : 06-04-2026
Decision of SCN Hearing : 07-04-2026
INFORMATION COMMISSIONER : Swagat Das
Relevant facts emerging from appeal:
RTI application filed on : 19.12.2018
CPIO replied on : Not on record
First appeal filed on : 26.02.2019
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 6.10.2019
Information sought:
1. The Appellant filed an RTI application dated 19.12.2018 (offline) seeking the following information:
"1. Attested photocopy of all steps action taken report against misguiding submission of SY.DCM/N.F.Rly./KIR vide memo no. C/4/l/Misc/JTBS/KNE dated 24.01.2017 (photocopy attached) and its result and thereafter subsequent action taken from the ends of The Chairman, Railway Board duly attested by Principal ED (Vig.)/CVO, Railway Board with his seal/stamp."CIC/RAILB/A/2019/150933 Page 1 of 12
2. The CPIO reply is not on record.
3. The Appellant filed a First Appeal dated 26.02.2019. The F.A.A order is not on record.
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing on 17.09.2021:
Appellant: Shri Sarfaraz Ali Khan participated in the hearing through video conferencing from NIC Kishanganj.
Respondent: Smt. Nidhi Kumari, representative of PIO and Chief Commercial Inspector and Shri Bishwajit Dass, ACM participated in the hearing through video conferencing from NIC Katihar.
Interim 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 Respondent no. 2 has taken nearly 10 months to transfer the instant RTI Application to the concerned custodian of records, which is in clear contravention of the provisions of the RTI Act. The Commission farther observes that the Respondent no. 1 has not participated in the hearing despite being served the hearing notice. The Commission takes strong exception of non-attendance of the Respondent no. 1 during the hearing of the instant Second Appeal. The Commission furthermore observes that the Respondent no. 1 has not even provided any reply to the Appellant till date. It also raises doubt that the denial of information is with a mala fide intent.
Therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause notices to the CPIO, M/o. Railway, Railway Board, New Delhi for not participating in the hearing and also not providing any reply to the Appellant as well as to the CPIO/Divisional Railway Manager, Northeast Frontier Railway, O/o. Divisional Railway Manager, Katihar Division, Bihar for transferring the instant RTI Application after an inordinate delay of nearly 10 months.
If the onus of not providing information lies with the "then CPIO", the present CPIO of both Respondent no. 1 and Respondent no. 2 shall serve a copy of this decision to the then CPIO and the then CPIO shall explain in writing as to why CIC/RAILB/A/2019/150933 Page 2 of 12 action should not be initiated against him/her under Section 20(1) and 20(2) of the RTI Act for the foregoing reasons, The present CPIO of Respondent no. 1 and Respondent no. 2 are directed to ensure that under all circumstances, written submissions of the delinquent CPIO should reach the Commission within 30 days from the date of receipt of this order, failing which ex-parte action may be initiated against the delinquent official/s as well as the present CPIO."
Relevant Facts emerged during Hearing on 12.01.2026:
The following were present:-
Appellant: Present through Video-Conference.
Respondent: Not Present.
5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC dated 16.10.2019 is not available on record.
6. Respondent is not present despite receipt of hearing notice in advance.
7. The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that till date information has not been provided to him by the Respondent. Upon being queried by the Commission, the Appellant submitted that he had served a copy of his latest written submissions to the Respondent.
Decision 12-01-2026:
8. The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the Appellant in his Second Appeal is aggrieved that information has not been provided to him by the Respondent till date.
9. There is nothing on record to show that any reply was given to the Appellant on his RTI application. The Commission was astonished to note that as to how RTI application of the year 2018 is still not disposed of by the Respondent Public Authority. Such an inordinate and unexplained delay strikes at the very root of the object and spirit of the RTI Act, 2005.
10. In view of the above observations, the Commission directs the Respondent to examine the RTI application dated 19.12.2018 of the Appellant and provide reply/information to the Appellant.
CIC/RAILB/A/2019/150933 Page 3 of 1211. The aforesaid direction shall be complied with by the PIO within four weeks from the date of receipt of this order.
12. Further, there is an inaction on the part of the Respondent which is prima facie established and therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice as to why maximum penalty should not be imposed under Section 20(1) and 20(2) of the RTI Act, to the concerned PIO at the relevant time and the present PIO for not providing any reply qua the instant RTI Application to the Appellant and for not appearing before the Commission, within four weeks from the date of receipt of this order.
13. The FAA is directed to ensure compliance of this order and ensure that a copy of this order be served to the concerned PIO for its compliance.
The appeal is disposed of accordingly."
Relevant Facts emerged during Show-Cause proceedings on 06.04.2026:
The following were present:-
Appellant: Present through Video-Conference.
Respondent: Shri K J Singh, ACM & APIO, Katihar present through Video- Conference.
I. Written submissions of the Appellant are taken on record.
II. Appellant, during the hearing, reiterated the contents of his RTI application and earlier decisions of the Commission and submitted that till date information has not been provided to him by the Respondents.
III. Written submissions of Shri Anoop Kumar Singh, Sr. DCM, Katihar dated 18.02.2026 of the Respondent, Katihar is taken on record and the same is reproduced hereinbelow:
"1. I the undersigned, most respectfully submit that Smt. Nidhi Kumari, CCMI/RTI, is entrusted with the responsibility of dealing with all RTI-
related matters in this office. It is submitted that the hearing notice was received in this office on 06.01.2026 at 17.50 hours. On the very next day i.e. 07.01.2026, Smt. Nidhi Kumari had to proceed on leave due to the unfortunate demise of a close relative. Due to her sudden absence, the said hearing notice could not be brought to my notice in time. Consequently, the hearing scheduled on 12.01.2026 could not be CIC/RAILB/A/2019/150933 Page 4 of 12 attended. The non-attendance of the hearing was neither willful nor intentional, but occurred due to circumstance beyond control. I sincerely regret the lapse and tender my unconditional apology for the inconvenience caused to the Hon'ble Commission.
2. It is most respectfully submitted that the above mentioned RTI application was received through the online portal. The subject matter of the RTI application pertained to the CPIO, Railway Board. It is further submitted that a hearing in the said RTI case was conducted by the Hon'ble Central Information Commission on 19.08.2021, which was duly attendee by Smt. Nidhi Kumari, CCMI/RTI and the than ACM, Sri Bishwajit Das. Pursuant to the directions of the Hon'ble commission, the order dated 22.11.2021 was duly complied with, and the submission was made by the than PIO, Shri A.M. Thakur. A copy of the said submission is enclosed herewith for ready reference. In view of the above, it is submitted that the reply in the said RTI case had already been furnishe earlier in compliance with the direction of the Hon'ble Commission.
3. 3. That respectfully it is to submit that being Law/Rule abide person and executive part of Rly Administration have no intention to disobey/ disregard or intentional violation of any Act of Right of Information as well as Central information Commission.
4. That having great honor and high veneration the Hon'ble Central Commission as well as Rules established by the Law it to express that the railway makes sincere and responsible approach in accordance with the provision in frequent providing the time bound information. However in the instant case delay in providing information and subsequent violation of section 20(i) (ii) of RTI Act occurred which is unintentional and for such unintentional occurrence, I would like to tender unqualified apology in the capacity of CPIO/Katihar. That under the submissions above it is humbly prayed that may kindly be pleased to accept the averments above and exonerate me from the imposition of penalty as a instance as further recurrence will be avoided in future apart from PIO authorities"
IV. Written submissions of Shir A M Thakur, PIO are taken on record and the same is reproduced hereinbelow:
"1. That having great honour to the Hon'ble Judiciary as well as Hon'ble Cenrtal Information Commission, entire Railway organization and its executive system always tendered best regard to the Hon'ble Commission's order and direction passed in every matters by complying with within stipulated time. But delay in providing in for mation timely to CIC/RAILB/A/2019/150933 Page 5 of 12 the complainant occurred is truly unintentional and on consequential reasons. For such unintentional consequences delaying in comply with the order/orders and/or disobey the order within time frame manner, PIO, No. I tenders unqualified apology and ensure to avoid such type of latches.
2. That, the issue of this matter in nutshell is that the applicant was participated in a tender for appointment of Jan Sadharan Ticket Booking Agent as Kishanganj Railway Station being Floated by the office of Sr.DCM/KIR Cum PIO/KIR 30 many Years back in 2009 wherin even after fulfilling the entire formalities of said contract requisite Thana Verification Certificate did not submit in attached documents However the Assessment Committee Comprising 03 officers was found the applicant suitable to run the JTBS at Kishanganj and accordingly appointment letter also issued in favour of applicant Md. Niyazi. In the mean time a complaint received from a person of locality od Md Niyazi stating that a criminal case bearing no. 1249of 2008 under section 323/380 is going under Ld.Court of Kishanganj and as a result of misdeclaration of Md. Niyazi, the Candidature of running JIBS was cancelled by the competent authority vide its communication letter dt. 29.10.2010.
3. That being aggrieved with the decision of cancellation of candidature, the applicant Md. Niyazi approached the Hon'ble HC/Patna by way of CWJC/No. 1249 of 2008, Sarfaraj Ali Khan Niyazi Vs Union of India & Ors. After hearing rival contentions of both the parties, the Lordships was pleased to disposed of the writ petition Quashing the cancellation letter dt.29.10.2010 and further directed the respondent to again process the issue and communicate the decision taken to the applicant.
4. That under the provisions of RTI Act /2005 the optimum object of the applicant is not seeking relevant information but to only harass the organization in every level as observed by the Commission during passing the order dt. 22.11.2021 in reference to CIC/NFRLG/A/2019/154968 and moved to dismiss the 2nd Appeal. As such after making endevour at level best Railway organization failed to satisfy the applicant because he is only doing post mortom of skin of hair by way of seeking misconceived, baseless information.
5. That, the PIO/KIR has tried always to the level best by giving suitable information sought for information sought for vide RTI application dt. 19.12.2018, it is to submit that steps to be taken and subsequent action CIC/RAILB/A/2019/150933 Page 6 of 12 taken report to be provided is beyond the jurisdiction of PIO/KIR and for which it was not feasible on the part of PIO to provide the same on behalf the CPIO/Railway Board.
6. That after cancellation of candidature for appointment for JTBS of the applicant based on misdeclaration and wrong information the applicant holding advocacy profession used several times unparliamentary and filthy language for Railway Administration in several representation under RTI but PIO always responded the applicant in the instant issue.
Under the facts and circumstances made through the submissions above, it is requested to may kindly be pleased graciously to accept the submissive reply and exempt the PIO from taking action under RTI and order/orders for disposed of the matter or as deem fit and proper."
V. Written submissions dated 02.04.2026 of Railway Board is taken on record and the same is reproduced hereinbelow:
"Mr. Sarfaraz Ali Khan Niyazi vide his RTI application dated 19.12.2018 had sought information regarding "attested photocopy of all steps action taken report against misleading submission of Sr. DCM/Katihar/N.F. Railway vide letter No. C/4/1/Misc/JTBS/KNE dated 24.01.2017 and it result and thereafter subsequent action from the ends of the Chairman, Railway Board duly attested by Principal ED(Vig.)/CVO, Railway Board".
1.2 Based on the Appeal/complaint of the applicant, the case has been heard by the then Hon'ble IC, Mrs Amita Pandove on 17.09.2021 and a decision has already been passed by the Hon'ble IC vide order No.CIC/RAILB/A/2019/150933 dated 22.11.2021 (Annex.-).
2.3. A written submission with reference to the order dated 22.11.2021 has already been given by Nodal RTI Cell, Railway Board to the Hon'ble CIC on 03.12.2021 (Annex.-II) 2.4. Since the case has already been heard and a decision has been passed by the then Hon'ble IC in the instant case, it is requested that the Show Cause Notice issued vide order No. CIC/RAILB/A/2019/150933 dated 12.01.2026 may please be withdrawn."
VI. PIO, Railway Board also referred a letter dated 03.12.2021 along with their written submissions and the same is reproduced hereinbelow:
CIC/RAILB/A/2019/150933 Page 7 of 12"Vide above order, the Hon'ble CIC has directed the respondent No. 1 (DD(PG). RTI Cell, Railway Board) & respondent No. 2 (CPIO & DRM, Katihar, N.F.Railway) to ensure that under all circumstances, written submissions of the delinquent CPIO should reach the Commission within 30 days from the date of receipt of this order, failing which ex-parte action may be initiated against the delinquent official(s) as well as present CPIO.
2. The following submissions are made for kind information and consideration of Hon'ble Information Commissioner in the instant case.
2.1 Shri Sarfaraz Ali Khan Niyazi vide his RTI application dated 19.12.2018 had sought information regarding "attested photocopy of all steps action taken report against misleading submission of Sr. DCM/Katihar/N.F. Railway vide letter No. C/4/1/Misc./JTBS/KNE dated 24.01.2017 and it result and thereafter subsequent action from the ends of the Chairman, Railway Board duly attested by Principal ED(Vig.)/CVO. Railway Board".
2.2. The offline RTI application was received in Nodal RTI Cell, Railway Board on 25.12.2018.
2.3. The matter was referred to SO/CRB Cell (at present there is no officer has been designated/ appointed as CPIO in CRB office) who informed that 'since details of case is not provided, it is not possible to trace the case in CRB Cell". A copy of the record as received from CRB's office is enclosed as Annexure-1.
2.4. On perusal of RTI application, it appears that the appellant has not mentioned details of letter date, subject matter, proof of despatch etc. Further, the appellant has not forwarded a copy of representation forwarded/addressed to Chairman, Railway Board with his initial RTI. Without details, the same can't be traced out.
2.5. In Railway Board, as per procedure followed, whenever complaints/representations of General Public/Staff addressed to Chairman/RB, Hon'ble Minister for Railways (MR), Minister of State for Railways (MOSR) are being received in their offices, the same has been marked/forwarded to the respective officers/branches dealing with the CIC/RAILB/A/2019/150933 Page 8 of 12 subject matter who in turn forward it to the respective Zonal Railways for proper redressal of complaints/grievances.
2.6 The offline RTI application was registered online vide ID No. MORLY/R/2019/00117 on 07.01.2019 and the same was transferred online to Nodal CPIO & DGM (G), N.F. Railway, Guwahati for providing the requisite information directly to the appellant as the subject matter is related to functioning of Katihar Division of N.F.Railway (Annex.-II).
2.7. Based on the above, a suitable reply was given by RTI Cell to the appellant on 08.01.2019 (Annex.-III).
2.8. The First Appeal dated 26.02.2019 of the appellant was received & registered vide ID No. MORLY/A/2019/00118 on 13.03.2019 and the same was also forwarded to AGM & FAA, N.F.Railway, Guwahati for disposing of the appeal with intimation to the appellant (Annex.-IV).
3. The Notice for hearing of CIC was also forwarded to DGM(G) & Nodal CPIO, N.F.Railway, Guwahati for appearing in the hearing as per scheduled date & time (Annexure-V) 4 In view of the facts explained above, it may be appreciated that there has been none of any malafide intention in neither dealing the RTI references nor delaying the provision of information to the complainant, as the RTI application as well as First Appeal of the applicant were transferred/forwarded to the respective officers of N.F. Railway within prescribed time."
VII. Letter dated 08.01.2019 of the Respondent, Railway Board is reproduced hereinbelow:
"Please refer to your RTI application dated 19.12.2018 seeking Information regarding attested photocopy of all steps action taken report against misleading submission of Sr. DCM/Katihar/N.F. Railway vide letter No. C/4/1/Misc./JTBS/KNE dated 24.01.2017 and it result and thereafter subsequent action from the ends of the Chairman, Railway Board duly attested by Principal ED(Vig.)/CVO, Railway Board.
The matter was referred to SO/CRB Cell who informed that 'since detail of case is not provided, It is not possible to trace the case in CRB Cell". A CIC/RAILB/A/2019/150933 Page 9 of 12 copy of the record as received from CRB's office is enclosed as Annexure-
1. On perusal of RTI application, it appears that the appellant has not mentioned details of letter date, subject matter, proof of despatch etc. Further, the appellant has not forwarded a copy of representation forwarded/addressed to Chairman, Railway Board with his initial RTI. Without details, the same can't be traced out.
Since the subject matter is related to functioning of N.F. Railway, the RTI application has been transferred online to DGM(G) & Nodal CPIO, N.F. Railway for providing the requisite information directly to the appellant."
VIII. Respondent submitted that information as per the documents available on record has already been provided to the Appellant at every stage.
Decision in respect of Show-Cause proceedings:
IX. The Commission has carefully considered the entire material available on record, including the written submissions filed by the concerned PIOs, the chronology of events, and the oral submissions made during the course of the present show-cause hearing.
X. At the outset, the Commission notes that vide orders dated 22.11.2021 and 12.01.2026, a show-cause notice was issued to the then and present PIOs on account of (i) non-provision of reply to the RTI application dated 19.12.2018, and (ii) non-appearance during the hearing held on 12.01.2026.
XI. In response to the show-cause notice, the Respondents have submitted detailed written explanations. It has been clarified by the Railway Board that the RTI application was received on 25.12.2018 and, after due examination, a reply dated 08.01.2019 was issued. Further, the application was transferred within the prescribed time to the concerned Nodal CPIO, N.F. Railway, as the subject matter pertained to Katihar Division.CIC/RAILB/A/2019/150933 Page 10 of 12
XII. The Commission also takes note of the submissions of the Respondent, Katihar Division, wherein it has been stated that the matter had already been dealt with in compliance of the earlier order dated 22.11.2021 passed by the Commission and that necessary submissions were made at that stage. It has further been explained that any delay or lapse in attending the hearing on 12.01.2026 occurred due to unavoidable circumstances, specifically the sudden leave of the dealing hand owing to a bereavement in her family. The said explanation has been supported with an unconditional apology.
XIII. The Commission observes that the records indicate that a reply was indeed issued by the Railway Board and the RTI application was transferred to the appropriate Public Authority within the framework of the RTI Act. It is also noted that the Respondents have, at various stages, attempted to address the RTI application and have placed on record documentary evidence in support of their submissions.
XIV. As regards the delay and alleged non-compliance, the Commission finds that the same does not appear to be attributable to any mala fide intent or deliberate obstruction in the disclosure of information.
XV. In view of the above facts and circumstances, the Commission is of the considered opinion that the ingredients necessary for invocation of penal provisions under Section 20(1) and 20(2) of the RTI Act, 2005 are not made out in the present case. There is no sufficient ground to establish mala fide denial of information or persistent disregard of the provisions of the RTI Act.
XVI. Accordingly, the show-cause notice issued to the concerned PIOs is hereby dropped.
XVII. However, the Commission advises the Respondent Public Authorities to exercise due diligence in handling RTI matters, ensure timely responses, maintain proper records, and avoid recurrence of such lapses in future.
XVIII. The Commission takes note of the submission of the Appellant that he has not received the replies and written submissions furnished by the Respondents. In the interest of fairness and principles of natural CIC/RAILB/A/2019/150933 Page 11 of 12 justice, the Commission directs the concerned Respondents to re-send all replies, written submissions, and relevant documents relied upon in the present matter to the Appellant, within a period of two weeks from the date of receipt of this order.
XIX. The Respondents shall ensure that the documents are sent through appropriate means (including speed post/email, wherever available) so as to ensure proper delivery to the Appellant.
The show cause notice is hereby dropped, and the matter stands finally disposed of accordingly.
Sd/-
Swagat Das ( ागत दास) Information Commissioner (सू चना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Archana Srivastva) Dy. Registrar 011 - 2610 7040 Date Copy To:
The FAA, Northeast Frontier Railway O/o Divisional Railway Managers Katihar, Bihar - 854 105 Shri Sarfaraz Ali Khan Niyazi CIC/RAILB/A/2019/150933 Page 12 of 12 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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