2023 Supreme(Online)(CIC) 6521
केन्द्रीयसचू नाआयोग Central Information Commission बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka नईनिल्ली, New Delhi – 110067 द्वितीयअपीलसख्ं या / Second Appeal No.:- CIC/SERLK/A/2022/654825-UM Mr. DEBASHIS GHOSH ….अपीलकताा/Appellant VERSUS बनाम CPIO, M/o. RAILWAYS, CPO(PER.) & CPIO, O/o. THE CHIEF PERSONNEL OFFICER, SOUTH EASTERN RAILWAY, HEADQUARTER, 11, GARDEN REACH ROAD, KOLKATA, W. B. -700043 .... प्रद्वतवादीगण /Respondent Date of Hearing : 25.09.2023 Date of Decision : 26.09.2023
| ate of RTI application | 23.07.2022 |
| CPIO’s response | 22.08.2022 |
| Date of the First Appeal | 27.08.2022 |
| First Appellate Authority’s response | 20.10.2022 |
| Date of diarized receipt of Appeal by the Commission | D Nil |
O R D E R
FACTS The Appellant vide RTI application sought information, as under:- Q1. Kindly supply the copy of complete documents (duly attested) with notesheets and any other relevant letters laid upon by the administration (REVIEWCOMMITTEE & APPROVING AUTHORITY) on the basis of decision of prematureretirement/compulsory retirement (vide reference your Order No. SER/PHQ/GAZ/CONF/Review/2021, dated 30/09/2021) has been taken against meunder rule 1802(a) of IREC Vol-II Q2. Kindly supply the copy of documents/letters (duly attested) discloses withminutes the meeting of INTERNAL COMMITTEE (in reference to your OrderSER/P-HQ/GAZ/CONF/Review/2021 dated 30/09/2021) who has fixed theyardsticks for arriving decision of premature retirement.
The PIO vide letter dated 22.08.2022 furnished a reply to the Appellant. Dissatisfied with the reply of the CPIO, the Appellant approached the FAA.The FAA vide order dated 20.10.2022, disposed off the Appeal. Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: The appellant attended the hearing through AC.
Respondent: The respondent Shri Kaushik Bhattacharya, Chairman RRC attended the hearing through AC.
The Appellant reiterated the contents of the RTI application and submitted that partial, false, and misleading information was furnished to him by the CPIO. The appellant further stated that the respondent is furnishing information in a piecemeal manner that too incomplete. He further stated that the respondent was able to provide information in starting but later he intentionally delayed in furnishing information to him. The Respondent present during the hearing submitted that a suitable response in accordance with the provisions of the RTI Act, 2005, had already been furnished to the Appellant. DECISION:
Keeping in view the facts of the case and the submissions made by both the parties and after perusal of the documents available on record, the Commission directs the Respondent to provide an updated and concise revised reply to the Appellant, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the date of receipt of this order under the intimation to the Commission.
The Commission cautions the Respondent to be more careful in the future while dealing with the RTI application so that no such lapse would recur and the provisions of the RTI Act are complied with in letter and spirit.
The Appeal stands disposed of accordingly.
(Uday Mahurkar) (उदयमाहूरकर)
(Information Commissioner) (सचू नाआयुक्त)
Authenticated true copy (अद्विप्रमाद्वणतएवंसत्याद्वपतप्रद्वत)
(R. K. Rao) (आर.के. राव)
(Dy. Registrar) (उप-पंजीयक)
011-26182598 द्वदनांक / Date:26.09.2023