Central Information Commission
Rita M Vyas vs Ministry Of Railways (Railway Board) on 9 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MORLY/A/2023/643753
Rita M Vyas .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Deputy Director RTI Cell, M/o Railway,
Railway Board, Rail Bhawan,
New Delhi .... ितवादीगण /Respondent
Date of Hearing : 02.01.2025
Date of Decision : 08.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 20.03.2023
CPIO replied on : 27.03.2023
First appeal filed on : 15.04.2023
First Appellate Authority's order : 12.06.2023
2nd Appeal/Complaint dated : 03.09.2023
Information sought:
The Appellant filed an RTI application (online) dated 20.03.2023 seeking the following information:
"(1) I HAD SENT COMPLAINTS/APPLICATION TO THE CHARIMAN RAILWAY BOARD DATED ON 24.06.22 (RECEIVED AT RB DATED 01.07.22) Page 1 of 5 AND SECOND COMPLAITNS/APPLICATIONS DATED 08.11.22 TO CHARIMAN RAILWAY BOARD DATED ON (RECEIVED AT RB DATED ON 18.11.22) I WANT TO KNOW WHAT ACTIONS HAS BEEN TAKEN ON MY BOTH ABOVE APPLICATION/COMPLAINTS KINDLY PROVIDE ME INFORMATION"
The CPIO furnished a reply to the Appellant on 27.03.2023 stating as under:
"Forwarded to CPIO(s): (1) Dy. Director- RTI Cell"
Being dissatisfied, the appellant filed a First Appeal dated 15.04.2023. The FAA vide its order dated 12.06.2023, held as under.
"Smt. Rita Vyas has been replied vide this office letter of even no. dated 19.05.2023.
However, Smt. Rita Vyas is asking for complete details of action taken by Shri Chairman of Railway Board on her Complaint letters / Applications.
In this connection, it is stated that, Railway Board vide their letter dated 15.07.2022 and 28.11.2022 wherein Railway Board have clearly mentioned that the employee / Representationist should be advised suitably at the earliest. Accordingly, Smt. Rita Vyas has been replied to by RJT division vide their letter No. ED/839/2/OS/MOCG dated 07.09.2022 in her RTI application.
It is stated that, under RTI Act 2005 only recorded information is to be provided."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference. Respondent: Shri Shiv Narain, CPIO, Shri Balram, Section Officer, and Shri Sandeep Kumar, APIO, appeared in person. Shri Hasmukh Chunawala, APO, Rajkot, appeared through video conference.Page 2 of 5
The appellant inter alia submitted that she was not satisfied with the reply given by the respondent as her representations were not decided by the competent authority.
The respondent while defending their case inter alia submitted that they had already provided action taken on the appellant's representations dated 24.06.2022 and 08.11.2022 vide their letters dated 07.09.2022 and 25.01.2023 respectively. Copies of the said letters were placed on record. The respondent submitted that the appellant had grievance with regard to her transfer and the same was addressed subsequently.
The respondent (Rajkot Division) further submitted that they had filed a revised reply to the appellant vide letter dated 27.12.2024 and requested the Commission to place the same on record. For the sake of clarity, the reply given is reproduced as under:
"With reference to your initial RTI application dated 25.04.2023 replied vide this office letter no. E/ 542/065/RV/23-24 (OL) dated 19.05.2023. The requisite documents i.e. the reply in connection with your request applications dated 24.06.2022 & 08.11.2022 addressed Railway board provided vide this office letter no ED/839/2/OS/MOCG dated 07.09.2022 & 25.01.2023. The H. Q office has also advised for the same. (Copy enclosed) [B] The similar RTI initial RTI application dated 19.06.2024 reply vide this office letter no E/542/153/RB/24-25 (OL) dated 22.07.2024. (Copy enclosed). Your First Appeal dated 26.08.2024 before FAA & ADRM-Rajkot remarks/the all the documents i.e., the file noting on which your applications were put up to the competent authority and the copies of replies provided vide this office letter dated E/542/153/RV/24-25 (OL) dated 20.09.2024 (Copy enclosed) [C] In reference to your 2nd Appeal dated 03.09.2023, (received with Humble CIC's hearing notice dated 06.12.2024), following remarks are submitted for your kind information please:
(D) In connection with your 2 appeal it is stated that the requisite documents have been provided by this office time to time within specified time limit as well as your previous r all RTI applications were disposed off within time limit.Page 3 of 5
[E] Even though, you desire to see any file noting related to your RTI application you may attend this office any working day after obtaining written consent from this office."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the appellant sought action taken on her representations dated 24.06.2022 and 08.11.2022. The respondents have provided information vide letters dated 07.09.2022 and 25.01.2023 and copies of the same were placed on record. The respondent further submitted that the appellant has grievance with regard to her transfer which was addressed subsequently and communicated to her. Besides, after receipt of hearing notice, the respondent has provided revised point-wise reply to the appellant, context of the same is reproduced in the above para. The appellant failed to explain the reasons for her dissatisfaction with the information provided by the respondents. That being so, the Commission finds no reasons to intervene in the matter.
Advisory Notwithstanding above the respondent is directed to place a copy of the transfer policy on their website in the true spirit in Section 4 of the RTI Act. The appellant is at liberty to file non-compliance before this Commission in this regard.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 4 of 5 Copy To:
The FAA, M/o Railway, Railway Board, Rail Bhawan, New Delhi Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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