Compliance with RTI requests must be observed, but penalties may not be imposed if no mala fide intent is established against the CPIO.

Headnote:(A) Right to Information Act, 2005 - Sections 20(1) and 20(2) - Appellant's RTI application remained unanswered by CPIO - CPIO called to show cause for inaction and failure to attend hearings - Despite CPIO's explanation, the Commission found no mala fide intent and dropped the show cause notice. (Paras 1, 6, 7)

(B) Appellant’s conduct questioned - Appellant suppressed replies while filing the appeal - Conduct noted as unclean by the Commission. (Para 7)

Facts of the case:
Appellant filed an RTI application seeking detailed information about Railway Board circulars and internal meetings. Despite non-responsiveness from the CPIO, the appellant approached the Commission with a second appeal.

Findings of Court:
CPIO provided suitable replies based on available records, and his absence from the previous hearing was explained. No penalty imposed due to lack of mala fide intentions.

Issues: The core issues were the non-response to the RTI application and the legitimacy of the appeal filed by the appellant given the prior responses.

Ratio Decidendi: The Commission ruled in favor of the CPIO, finding no grounds for penalty while criticizing the appellant’s integrity in suppressing information.

Result: The show cause notice dropped and matter disposed of.

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No : CIC/ERAIL/A/2023/131993 SUBHASH OJHA .….अपीलकता(cid:18)/Appellant VERSUS बनाम CPIO, DGM, Eastern Railway, HQ, Fairlie Place, 17, Netaji Subhas Road, Kolkata – 70001 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 24.06.2024 Date of Decision : 02.07.2024 Date of SCN hearing : 10.09.2025 Date of SCN Decision : 25.09.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 26.02.2023 CPIO replied on : Not on record First appeal filed on : 17.04.2023 First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 20.07.2023 Information sought:

The Appellant filed an RTI application dated 26.02.2023 seeking the following information:

“Reference (i): Letter No 2006/Elect(G)/138/1, dated 16-01-2023, copy enclosed herewith this RTI application issued by Shri Tej Pratap Narayan of Railway Board, New Delhi.

(ii) Copy of minutes of meetings held on 21.02.2023 at DEE/Chg/HWH's chamber enclosed with this RTI application for reference.

In regard to above reference please furnish the following information:-

I. Please refer to ref. No. (i) and furnish the certified copy/copies of the JPO issued by the Railway Board, based on which the guidelines have been issued.

II. Please refer to ref. No. (i) and inform whether any JPO has been issued in the year 2023 in view of changing technology and improved reliability of coaches and HOG operation of trains. Please furnish the certified copy of the latest JPO(2023) pertaining to the same.

III. Please refer to ref. no. (ii) and inform the name and designation of the authority by whom the meeting was arranged.

IV. Please refer to ref. no. (ii) and inform who directed the meeting on 21.02.2023, in the DEE/Chg/HWH's chamber. Please provide a copy of the permission letter for such a meeting.

V. Please refer to ref. no. (ii) and furnish the certified copy of the resolution passed in the stated meeting.

VI. Please refer to ref. no. (ii) and furnish the Letter No and Memo No. of the resolution passed in the meeting.

VII. Please refer to ref. no. (ii) and inform whether the resolution passed in the meeting is communicated to the Railway Board, New Delhi; if yes, please furnish the copy of the communication letter.

VIII. Please refer to ref. no. (ii) and inform the date when the concerned Depot incharged have been directed to implement the revised pattern (Annexure 1)

as per the yardstick 2023 Please furnish the copy of the direction letter.

IX. Please refer to ref. no. (ii) and inform when the meeting's resolution will be implemented for the electrical escorting staff.

X. Please refer to ref. no. (ii) and furnish the certified copy of the revised yardstick 2023 XI. Please refer to ref. no. (ii) and furnish the date and Memo No of the revised yardstick. norms 2023.

XII. Please refer to ref. no. (ii) and inform the list of trains that would be upgraded into LHB coaches in the Howrah division.

XIII. Please refer to ref.no. (ii) and inform the total No of OED staff at the moment, i.e., furnish the current strength of OED staff.

XIV. Please inform whether the CPIOs have received any direction from the Central Information Commission for the transfer of offline RTI to online RTI. If yes, please provide the certified copy of such Direction/Circular/Order.”

Having not received any response from the CPIO, the appellant filed a First Appeal dated 17.04.2023. The FAA order is not on record.

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

Relevant Facts emerged during Hearing on 24.06.2024:

The following were present:-

Appellant: Absent.

Respondent: Absent.

Both the parties remained absent despite being served the hearing notice in advance.

Order on 02.07.2024:

“The Commission after adverting to the facts and circumstances of the case, observes that no reply qua the instant RTI Application has been given to the Appellant as per available records. Furthe

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CENTRAL INFORMATION COMMISSIONVinod Kumar Tiwari, ICSUBHASH OJHA – AppellantVersusCPIO, DGM, Eastern Railway – RespondentCIC/ERAIL/A/2023/131993

Compliance with RTI requests must be observed, but penalties may not be imposed if no mala fide intent is established against the CPIO.

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
SUBHASH OJHA – Appellant
Versus
CPIO, DGM, Eastern Railway – Respondent
CIC/ERAIL/A/2023/131993