Central Information Commission
Muhammad Hanif vs Northern Railway Firozpur on 24 February, 2020
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीयअपीलसंख्या / Second Appeal No. CIC/NRALF/A/2018/139041
Muhammad Hanif ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, M/O. Railways, Northern ...प्रनतवािीगण /Respondent
Railway, Lucknow-226001, UP.
Relevant dates emerging from the appeal:
RTI : 24-11-2017 FA : 01-02-2018 SA : 20-06-2018
CPIO : 26-02-2018,
FAO : 06-03-2018 Hearing : 18-02-2020
17-02-2020
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, Northern Railway, Lucknow, UP seeking information on six points pertaining to non-payment of his pension and non-supply of his basic retirement form after his retirement on 30.09.2017 from the post of Loco Cleaner in Diesel Shed, Northern Railway, Aalambag, Lucknow including, inter-alia;
"1. Please provide legible certified copies of the filled retirement booklet of the appellant, Page 1 of 5
2. Please provide legible certified copies of the entire leave record of the appellant,
3. Please provide legible certified copies of the appellant's service register and related documents, etc."
2. The CPIO provided a reply vide letter dated 01.03.2018. The appellant filed the first appeal dated 01.02.2018 which was disposed of by the first appellate authority on 06.03.2018. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information.
Hearing:
3. The appellant's representative, Shri Saidur Rahman, and the respondent, Shri Sanjay Kumar, DFM (Accounts), and Smt. Lovely Gyan, APO (Personnel), M/o Railways, Northern Railway, Lucknow, UP attended the hearing through video conferencing. The written submissions are taken on record.
4. The appellant submitted that vide his RTI application dated 24.11.2017, he has sought information on six points. The CPIO (Personnel), vide reply dated 26.02.2018, provided information on point no.1 of the RTI application. With respect to the information sought vide point nos. 2, 3 and 4, the application was transferred to the Accounts department. He further submitted that the Accounts department, has provided the requisite information vide letter dated 17.02.2020 which has been provided to him during the course of hearing. He apprised the Commission that the annexures enclosed with the said letter are illegible. He further submitted that no information has been provided to him with respect to point no. 5 of the RTI application. He requested the Commission to direct the CPIO (Accounts department) to provide legible copies of the annexures enclosed with letter dated 17.02.2020, and to direct the CPIO (Personnel) to provide information on point no. 5 of the Page 2 of 5 application. He also requested the Commission to allow him inspection of his leave records, service book, and personal file of the appellant, as sought in point nos. 2, 3 and 4 of the RTI application.
5. The respondent, Smt. Lovely Gyan, APO (Personnel) submitted that vide letter dated 26.02.2018, information on point nos. 1 and 5 of the RTI application has been provided to the appellant. Further, with respect to the information sought vide point nos. 2, 3 and 4, the application along with the appellant's complete records were transferred to the Accounts department to provide requisite information. The respondent, Shri Sanjay Kumar, DFM (Accounts) admitted that complete information has been provided to the appellant vide letter dated 17.02.2020. In response to a query, he submitted that he was not the CPIO at the time when the present RTI application was transferred, and Shri Siddhartha was the then DFM cum CPIO. However, the same is yet to be confirmed.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that as per the provisions of the RTI Act, 2005, the CPIO is under an obligation to supply the entire information sought by the appellant within a period of 30 days. In the present matter, complete information has been provided to the appellant as late as 17.02.2020 i.e. after an elapse of more than two years from the date of filing of the RTI application. A penalty of Rs. 1,000/- is therefore imposed on Shri Siddhartha, the then DFM cum CPIO, Accounts Department, M/o Railways, Northern Railway, Lucknow, UP u/s 20(1) of the RTI Act for contravening the provisions of the RTI Act, 2005 and not acting promptly in response to the RTI application as transferred by the Personnel department. The amount of Rs. 1,000/- shall be deducted by the Public Authority from his salary by way of demand draft drawn in favour of "PAO, CAT", New Delhi and the demand draft should be forwarded to the Deputy Registrar (CR-II), email:
Page 3 of 5[email protected], Room no. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi - 110067. This demand draft of Rs. 1,000/- shall reach the Commission within four weeks from the date of receipt of a copy of this order.
7. The Commission further notes that since illegible copies of the appellant's leave records, service book, and personal file has been provided by the Accounts department, the Commission, therefore, directs the respondent to allow the appellant to inspect all relevant records pertaining to the information sought on point nos. 2, 3 and 4 of his RTI application on a mutually decided date and time and to obtain photocopies of the requisite documents, free of charge upto 20 pages. The above directions shall be complied with, within a period of 15 days from the date of receipt of a copy of this order.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta (नीरजकु मारगुप्ता) Information Commissioner (सूचनाआयुक्त) दिनांक / Date :-18-02-2020 Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) S. C. Sharma (एस. सी. शमाग), Dy. Registrar (उप-पंजीयक), (011-26105682) Addresses of the parties:
1. The CPIO, M/O. Railways, Sr. DMM/Nodal PIO, Northern Railway, RTI Cell, DRM's Office, Hazratganj, Lucknow Divn., Lucknow , UP-226001.Page 4 of 5
2. Mr. Muhammad Hanif Page 5 of 5