The delay in providing information under the RTI Act was deemed non-mala fide, and no penal action was warranted against the Respondent.

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/ECRBH/A/2023/109357 Kuna Ashoka .….अपीलकता(cid:18)/Appellant VERSUS बनाम CPIO, East Coast Railway, Rail Sadan, Chandrashekharpur, Bhubaneswar – 751017 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 25.04.2024 Date of Decision : 26.04.2024 Date of SCN hearing : 19.08.2025 Date of SCN Decision : 29.09.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 17-11-2022 CPIO replied on : Not on record First appeal filed on : 01-12-2022 First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 17-02-2023 Information sought:

The Appellant filed an RTI application dated 17-11-2022 seeking the following information:

“May I request the CPIO for the Pr. CSC(RPF)/ECOR/BBS to arrange to provide the following information from the PR.CSC-RPF/East Coast Railway/BBS within 48 Hours under section 7(1) of Act, since our life *& Liberty put in miserable conditions by Some RPF officers in breach of RPF Act/Rules, Ministry rules & Procedural proprieties. Caused me severe starvation along with my entire family. Therefore, this information very highly emergence to produce before DG/RPF/NDLS and also before the Court, since my Husband was illegally removed from service by means of all breach laws.

May please provide the information duly attested within the possible fast time

1. As per rules in Disciplinary Proceedings, weather Disciplinary Authority has the responsibility to brief the Denial or rejection or reduce in pension at the time-of-

Service Termination of RPF member.

2. Please Share cogent public information disclosing the Administrative constraints that restain Pension/Provisional pension/Compassionate Allowance, or even Rail Surakhsha Kalyana Nidhi for which the punishment orders(Removal) dated 25.09.2019 issued by CSC/ECOR/BBS in the Case of Shri.K.Ramnajaneyulu/SIPF/Walatair.

3. Weather RPF rules or Rule of D&A of Railway Ministries that empowers to act multi Disciplinary Authorities in One Case please supply copy of the specific Rule.

4. Weather RPF rules or Rule of D&A of Railway Ministries that empowers to act Assistant Enquiry Officer besides Enquiry Officer without any authority from the end of Disciplinary authority in One Case please supply copy of the specific Rule.

5. Please Share cogent public information disclosing the Rule that empowers to conduct D&A proceedings parallel to the Criminal Case 17/2013 under section 3(a)

RP(UP) act 1966, without Declared Conviction sentence from the Concerned Court.

6. Please Share cogent public information of the Administrative constraint to restrain the minimal survival measure Rail Surakhsha Kalyana Nidhi under sustained grant vide standing order No.105”

Having not received any response from the CPIO, the appellant filed a First Appeal dated 01-12-2022. The FAA’s order is not on record.

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

Relevant Facts emerged during Hearing on 25.04.2024:

The following were present:-

Appellant: Present through VC.

Respondent: Absent.

The Commission has passed the following observation and directions on

26.04.2024:

“The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that no reply has been provided by the Respondent qua the instant RTI Application as per available records which also raises doubt that the denial of information is with a mala fide intent. Therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice to the CPIO, for flouting the provisions of RTI Act . The CPIO