Central Information Commission
Ramesh Kumar vs Northern Railway on 15 October, 2018
क यसूचनाआयोग
CENTRAL INFORMATION COMMISSION
बाबागंगानाथमाग
Baba Gangnath Marg,
मु नरका, नई द ल -110067
Munirka, New Delhi-110067
File No :CIC/NRAIL/A/2017/177101/C
In the matter of:
Ramesh Kumar,
.....Complainant
Vs.
Shri Ashtanand Pathak
CPIO/DFM (the then),
O/o the Sr. DFM, Northern Railway,
Divisional Office, Hazratganj, Lucknow - 226001.
&
Shri Siddharth,
CPIO/DFM, O/o the Sr. DFM,
Northern Railway, Accounts Department,
Divisional Office,
Hazratganj, Lucknow - 226001.
....Respondents
Date
RTI application : 24.05.2016
CPIO reply : Not on record
First Appeal : 29.06.2016
FAA Order : Not on record
Complaint : 29.09.2016
Date of hearing : 14.05.2018, 03.10.2018
Facts:
The complainant vide RTI application dated 24.05.2016 sought information on four points;
1. Copies of his service records, promotion orders, transfer orders, redeployment orders.
12. Copies of leave records of his entire service period.
3. Copies of his PF statement.
4. Copies of other related records.
The CPIO's reply or the First Appellate Authority (FAA)'s order is not on record. Aggrieved with the non-supply of the desired information from the respondent authority, the complainant filed complaint under the provision of Section 18 of the RTI Act before the Central Information Commission on 29.09.2016.
Grounds for Complaint The CPIO did not provide the desired information.
Order
Complainant : Representative of the complainant,
Shri Saidur Rahman
Respondent : Shri Shiv Kumar Ram,
Divisional Finance Manager cum PIO,
Northern Railway
During the hearing, since the complainant submitted that he was desirous of obtaining information in this case. This case on the request of the complainant was accordingly converted into an appeal case u/s 19 of the RTI Act.
During the hearing, the respondent PIO submitted that they had received the RTI application dated 24.05.2016 on 26.05.2016 and requested the appellant on 06.06.2016 to submit the requisite photocopying charges. The appellant in turn deposited the amount on 13.06.2016 and they provided the requisite information vide their letter dated 21.06.2016.He further submitted that final replies to point nos. 1 and 2 of the stated application were provided on 07.05.2018 in the form of certified true copies of service records. The reply furnished to the appellant is just and proper and hence the case might be dismissed 2 The representative of the appellant submitted that he had received complete information on point no. 3 and was satisfied with the same. He submitted that replies on point nos. 1 and 2 of the said RTI application were received on 12.05.2018.
On perusal of the relevant case record, it was noted by the Commission that Shri Pathak had given a wrong reference in the reply dated 21.06.2016 which is deplorable for which he needs to be issued warning.
The then respondent CPIO, is issued warning he should ensure that in future in every case correct reference to an RTI application is provided in the reply.
The respondent CPIO should note that in future if the same mistake is noticed by the Commission, more stringent action can be taken against him by the Commission.
The present CPIO is also to submit a report to the Commission indicating the name, present address, mobile no., place of posting and designation of the CPIO working at the relevant post for record.
The present respondent CPIO is directed to serve a copy of this warning to the then CPIO and a copy of the service of the above said warning be submitted to the Commission within 10 days of the receipt of the order.
It was also observed that Shri Pathak continued to commit delay in providing the sought for information to the appellant for which he should be penalised because he had not changed his dilatory mentality to continue to furnish delayed information to RTI appellants. The Commission is accordingly constrained to issue a show cause notice.
In view of the above, a Show Cause notice is issued to the then CPIO/PIO, Shri Ashtanand Pathak u/s 20 of the RTI Act to explain the following:-
3Why replies on point nos. 1 and 2 of the said RTI application were not provided to the appellant in almost two years.
The explanation to the above stated Show Cause notice is to be submitted to the Commission by the respondent CPIO/PIO within 15 days of the receipt of this order. On receipt of the explanation to the said Show Cause notice, further action as deemed appropriate will be taken.
The respondent CPIO should note that in the event of non-submission of the explanation within the time stipulated above, the Commission has the liberty to take the required decision ex-parte against the respondent CPIO/PIO.
With the above observation/Show Cause, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
Adjunct Order : 03.10.2018
Respondent : Shri Astanand Pathak
Dy FA & CAO (the then CPIO)
NR.
Shri Astanand Pathak, the then CPIO submitted that replies on point nos. 1 and 2 of the said RTI application were to be provided to the appellant by the Commercial Branch. He further relied on the contents of the RTI application in which the appellant himself mentioned that point nos. 1 and 2 of the RTI application were related to the commercial branch.
He further submitted that after the receipt of the second appeal hearing notice, the information was collected from the personnel branch and the same was provided to the appellant, vide their letter dated 07.05.2018.
Based on the submission and on perusal of relevant records, the Commission noted that the then Sr. DPO was responsible for providing requisite information on point nos. 1 and 2 of the said RTI application.
A strict warning is issued against the then CPIO (Personnel) for not providing reply within time to the appellant.
4Shri Astanand Pathak, Dy FA & CAO is directed to serve a copy of this order to the then CPIO (Personnel) within 7 days from the receipt of this order under intimation to the Commission within a further period of 7 days.
With the above warning, the showcause proceeding is closed. Copies of the order be sent to both the parties free of cost.
Amitava Bhattacharyya (अ मताभ भ टाचाय) Information Commissioner ( सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) Ajay Kumar Talapatra (अजय कु मार तलपा ) Dy. Registrar (उप-पंजीयक) 011- 26182594 / [email protected] दनांक / Date 5