2021 Supreme(Online)(CIC) 5081
के᭠ᮤीय सूचना आयोग Central Information Commission बाबा गंगनाथ मागᭅ , मुिनरका Baba Gangnath Marg, Munirka नई ᳰद᭨ली , New Delhi – 110067 ि᳇तीय अपील संया/ Second Appeal No. CIC/CRAIL/A/2019/123875
In the matter of: Kishore Roop Kishore Sirothiya … अपीलकताᭅ /Appellant VERSUS बनाम CPIO, /CPIO-II/Sr. DPO Central Railway O/o the Divisional Railway Manager, Personnel Department, … ᮧितवादीगण /Respondent RTI Cell, Kingsway Nagpur440001
Relevant dates emerging from the appeal:
Appellant: Heard over the phone Respondent : Shri Jitendra Pratap Singh, Assistant Personnel Officer, Nagpur Division & APO (T & C) Central Railway participated in the hearing on being contacted on his telephone. R TI Application filed on : 19.03.2018 CPIO replied on : Not on record First Appeal filed on : 08.06.2018 First Appellate Authority order : 28.06.2018 Second Appeal received on : 21.05.2019 Date of Hearing : 27.05.2021
O R D E R
Information sought: The Appellant filed an RTI Application dated 19.03.2018 seeking information as under: The CPIO vide letter dated nil, (Not on Record). Being dissatisfied, the Appellant filed a First Appeal dated 08.06.2018. The First Appellate Authority vide order dated 28.06.2018, upheld the CPIO’s reply as under: Grounds for Second Appeal: The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant 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 Appellant stated that the information sought has not been provided by the Respondent. He stated that only one reply has been received from the Respondent, however he is not satisfied with the information provided. He further stated that though he has received the reply, but his grievances are not resolved yet.
The Respondent submitted that the requiste infromation along with relevant documents have already been provided to him vide their office letter dated
02.05.2018. He further submitted that the Appellant in his First Appeal has sought additional information from the Respondent.
At the instance of the Commission, the Appellant replied that the he is retired on
30.04.2016.
A written submission has been received by the Commission from Shri G P Bhagat, CPIO/Sr. Divisional Personnel Officer, Central Railway, Nagpur vide letter dated
19.05.2021, wherein he has informed the Commission that the RTI Application has been received to their office on 22.03.2018 and information has been provided to the Appellant. He further submitted that the Appellant preferred First Appeal and the same has been received on 11.06.2018. He also submitted that the First Appellate Authority upheld the CPIOs reply vide FAO dated 28.06.2018.
Decision : Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that an appropriate reply has already been sent to the Appellant vide letters dated 02.05.2018 & 28.06.2018. Appellant is actually contesting for the redressal of his grievance which is beyond the ambit of the RTI Act. The Commission further observes that a copy of the written submission has not been marked to the Appellant, so Commission deems it fit to direct the Respondent to send a copy of the written submission dated 19.05.2021, along with all annexures, to the Appellant within 15 days from the date of receipt of this order and a compliance report be duly sent to the Commission.
With the above observations, the instant Second Appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयुᲦ) ᳰदनांक / Date: 27.05.2021
Authenticated true copy ( अिभᮧमािणत स᭜यािपत ᮧित ) B. S. Kasana ( बी. एस. कसाना )
Dy. Registrar ( उप-पंजीयक ) 011-26105027
Addresses of the parties:
1. The First Appellate Authority (FAA) /ADRM (Infra), Central Railway, Office of the Divisional Railway Manager, Kingsway, Nagpur- 440001
2. The Central Public Information Officer /CPIO-II/Sr. DPO Central Railway O/o the Divisional Railway Manager, Personnel Department, RTI Cell, Kingsway, Nagpur – 440001
3. Mr. Kishore Roop Kishore Sirothiya