के (cid:574)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:330), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:671)ी, New Delhi – 110067 File No: CIC/MORLY/A/2024/626824 Vivek Mittal .….अपीलकता(cid:330)/Appellant VERSUS बनाम C.P.I.O, Railway Board, Rail Bhawan, Raisina Road New Delhi – 110 001 ….(cid:366)ितवादी/Respondent Date of Hearing : 09.02.2026 Date of Decision : 09.02.2026 INFORMATION COMMISSIONER : Swagat Das Relevant facts emerging from appeal:

RTI application filed on : 28.03.2024 CPIO replied on : 09.05.2024 First appeal filed on : 10.05.2024 First Appellate Authority’s order : 06.06.2024 2nd Appeal/Complaint dated : 23.06.2024 Information sought:

1. The Appellant filed an RTI application dated 28.03.2024 seeking the following information:

“Vide PIB Id no 1597841, Cabinet decision regarding upgradation of 27 posts of GM to Apex grade was put in public domain. However, even after passage of nearly 5 years, the decision has not been implemented.

A copy of the relevant file of Ministry of Railway dealing with the subject may kindly be furnished to me in so copy. In case the decision is not proposed to be implemented, then copy of the file (other than secret documents) which led to the decision may please be furnished to me”

2. The CPIO furnished a reply to the Appellant on 09.05.2024 stating as under:

“Clause 8 (1) (i) of the Right to Information Act, 2005 provides that:

'notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, (i) cabinet papers, including deliberations of Council of Ministers, Secretaries and other officers;'

It is stated that the documents requested are part of deliberations of a Cabinet Committee and Secretaries to Government of India. Hence, the requested documents cannot be provided.”

3. The Appellant filed a First Appeal dated 10.05.2024. The FAA vide its order dated 06.06.2024 has observed as follows:

“2. I have gone through your appeal and reply of the CPIO. It is noted that the information sought for, include copies of file noting/correspondence made by the Ministry of Railways with DOP&T, while seeking approval of Appointments Committee of Cabinet. And, in response to this, the CPIO has, inter alia, mentioned that the documents as sought for, are part of deliberations of a Cabinet Committee and Secretaries to Government of India and hence the same have not been provided.

3. With regard to the above, it is however noted that the information sought for, is part and parcel of the decision making process which is still under implementation and the same cannot be provided.”

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

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present through Video-Conference.

Respondent: Shri S C Krishna, Director present in person.

5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 23.06.2024 is not available on record.

Respondent confirms non-service.

6. Written submissions of the Respondent are taken on record.

7. The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that till date information has not been provided to him by the Respondent and the same was wrongly denied to him.

8. The Respondent while defending their case inter alia submitted that vide their letters dated 09.05.2024 and 06.06.2024, complete factual position in the matter has been informed to the Appellant that the information sought by him is exempted from disclosure under Section 8(1)(i) of the RTI Act. He reiterated that final decision in the matter is still under consideration.

Decision:

9. The Commission has carefully considered the facts on record, the submissions made by both parties during the hearing, and the material available before it.

10. At the outset, the Commission notes that the Appellant had sought copies of the relevant files of the Ministry of Railways per