के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No : CIC/MORLY/A/2023/639414 Ram Prasad Meena .….अपीलकता(cid:18)/Appellant VERSUS बनाम CPIO, M/o Railway, Railway Board, Rail Bhawan, New Delhi-110001 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 21.11.2024 Date of Decision : 29.11.2024 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 06.08.2021 CPIO replied on : 06.09.2021 First appeal filed on : 07.09.2021 First Appellate Authority’s order : 11.08.2023 2nd Appeal/Complaint dated : 11.08.2023 Information sought:

The Appellant filed an (online) RTI application dated 06.08.2021 seeking the following information:

“PERTAINS TO CONFIDENTIAL SECTION AND VIGILANCE DIRECTORATE WHO DEALS THE ISSUE OF INTEGRITY FOR PRE MATURE RETIREMENT OF GROUP A OFFICERS AS ALSO IN MY CASE-R.P. MEENA EX IRTS DY CSO TFC NWR JAIPUR RETIRED COMPULSORILY: PLASE PROVIDE FOLLOWING INFORMATION:-

1. PLEASE PROVIDE ME THE COMPLETE DETAILS (EXCLUDING ACRS and APARS WHICH DETAILS MY INTIGRITY AS BEYOND DOUBT) AND DOCUMENTS OR REPORTS OR INPUTS OR FILES OR NOTES WHATSOVER MAY BE ON MY INTIGRITY ASCERTAINED FROM OFFICERS I WORKED WITH/UNDER DURING MY ENTIRE SERVICE PERIOD AS HAVE BEEN KEPT IN VIEW BY THE REVIEW COMMITTEE AND PRESIDENT TO RETIRE ME COMPULSORILY VIDE RAILWAY BOARD ORDER DATED 3.12.2019.

2. PLEASE PROVIDE ME THE PROCEDURE POLICY AND RULES TO ASCERTAIN THE INTIGRITY OF AN OFFICER BEYOND THE PERVIEW OF THE APARS. I WANT THE INFORMATION WITHIN 48 HOURS AS REQUIRED URGENTLY FOR MY SELF-DEFENSE OF MY CAREER.”

The CPIO furnished a reply to the Appellant on 06.09.2021 stating as under:

“This is not a reply. The additional file on the part of the pg dte is being closed as the RTI application has already been replied by the concerned CPIO.”

Being dissatisfied, the appellant filed a First Appeal dated 07.09.2021. The FAA vide its order dated 11.08.2023, held as under.

“In the guise of seeking information, the applicant is seeking clarification on the information already provided to him, which is not in the purview of RTI Act and hence denied under 2(f) of RTI Act.”

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

A written submission dated 18.11.2024 (copy marked to the appellant) has been filed by Mr. R.P. Joshi, Director/E (O), Railway Board, which is taken on record. Contents of the same are reproduced below:

“…2. It may be appreciated that the applicant was prematurely retired in the year 2019. Complete information related to his premature retirement has already been provided to the applicant in reply to various RTI requests. In the minutes of the Review Committee which reviewed his service, copy of which was provided to the applicant in response to one of the RTI requests, had mentioned "integrity and general reputation as ascertained from the officers he has worked with / under during his entire service period" as one of the aspects kept in view by the Committee. The applicant is apparently seeking clarification on this issue. Having already provided all the relevant details of his premature retirement in the relevant file, there was nothing more to be provided to the applicant. Accordingly, it was replied that "No such information available with the CPIO." Moreover, the information desired by the Appellant also seeks clarification on the information already provided and thus does not fall within the purview of the RTI Act, as even observed by the FAA. Further, as regards the 2nd part of the RTI related to procedure, policy and rules to ascertain the integrity of the officer beyond the purview of APARs, the policy related to premature retirement has been provided to the applicant. It may be appreciated that the CPIO / FAA can only provide the information as available in records and neither can interpret minutes/rules nor create information.