O R D E R

Information sought:

The Complainant filed an online RTI Application dated 06.07.2019 seeking information on the following eight points:

“Seeking following information regarding Inter railway/division own request transfer in loco (running) cadre of your division u/s-6(1) of the act.

1) Please inform the name designation and date of employees relieved after the circulation of GM(P)/CR circular no-72/2018 P/HQ/Rulling/O/811 dated-

26/04/2018, in the cadre mentioned above till date.

2) Please inform the names of employees who were relieved as per the approval of DRM in accordance to point-3 of the circular mentioned above, till date.

3) Please inform the names of employees whose IRORT out of turn applications were forwarded for the approval of the GM/CR in accordance to point-5 of the circular mentioned above, till date.

4) Provide the certified copy of dispatch/covering letters and file notings of all IRORT application forwarded GM as per point -3 of this application.

5) Provide the certified copy of dispatch/ covering letters and file notings of all approvals received from GM as per point -4 of this application, till date.

6) Provide the certified copies of the document on whose basis the out of turn file were moved for the candidates mentioned in point no-3 of this application.

7) Please provide certified copies of the letter of acceptance received from their opted zone/division for the employees mentioned in point no-3 of this application.

8) Provide the certified copies of letter of rejection of out of turn IRORT, received by divisional authorities from GM for the employees mentioned in point no-3 of this application, if any.”

The CPIO vide letter dated 01.08.2019, enclosed a letter given by Shri G. P. Bhagat, DPO/Nagpur dated 19.07.2019 wherein informed to Complainant as under:

Being dissatisfied, the Complainant filed a First Appeal dated 17.08.2019. The First Appellate Authority vide order dated 05.09.2019, informed as under:

Grounds for Complaint:

The Complainant filed a complaint u/s 18 of the RTI Act on the ground of unsatisfactory reply furnished by the Respondent. Complainant requested the Commission to direct the CPIO to provide the information sought for and take appropriate legal action against the Respondent. He also requested the bench to award Compensation.

Submissions made by Complainant and Respondent during Hearing:

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.

The Complainant stated that since he has lost the softcopy of all the RTI Applications filed so far, he is not in a position to contest his case. Hence, he requested the Commission to decide the instant case on merits. At the instance of the Commission as to whether the Complainant is having any grievances with the Respondent Public Authority, the Complainant replied in negative. He explained that he is an RTI Activist and several people approach him to explain regarding the IRORT malpractices. That being the reason, he has filed several RTI Applications. The Respondent reiterated the contents of the instant RTI Application and submitted that the present RTI Application was received on 08.07.2019 and accordingly a reply was provided to the Complainant on 01.08.2019. She further submitted that the information sought at point no. 1 and 2 of the RTI Application has not been provided as the Complainant has sought personal information of other employees. She furthermore submitted that the information sought at point nos. 3-8 of the RTI Application is not organically linked with the main subject. Hence, the said information could not be provided. She added that the First Appeal was adjudicated on 10.09.2019, in which the Complainant was given an opportunity to inspect the relevant records, which has not been availed by him till date. Upon queried by the Commission as to whether the names of the concerned employee can be provided