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/NRAIL/A/2024/115687 Vivek .….अपीलकता(cid:330)/Appellant VERSUS बनाम CPIO, Northern Railway, Head Quarter Office, Baroda House, New Delhi – 110 001 ….(cid:366)ितवादीगण /Respondent Date of Hearing : 19.01.2026 Date of Decision : 19.01.2026 INFORMATION COMMISSIONER : Swagat Das Relevant facts emerging from appeal:

RTI application filed on : 23.03.2024 CPIO replied on : 08.04.2024 First appeal filed on : 13.04.2024 First Appellate Authority’s order : 08.05.2024 2nd Appeal/Complaint dated : 17.05.2024 Information sought:

1. The Appellant filed an RTI application dated 23.03.2024 (online) seeking the following information:

“i) GM/NR letter no. E-141/2634/Deptt./E(D&A) dated 01.07.2022 and

11.08.2022.

ii) Copy of receipt of representation in office of GM/NR on 01.08.2022 for revoking suspension In reference to above subject it is stated that applicant was working in Ambala division as Sr. DSTE in year 2022. Applicant was arrested by CBI on 29.06.2022 for investigation in connection with FIR No. RC0052022A0022 dated 28.06.2022 registered at Anti-Corruption Bureau of CBI, Chandigarh and suspended by General Manager of Northern Railway which was revoked on 11.08.2022 in response to representation received in office of GM/NR on date 01.08.2022 through registered post with Article no. RH582398965IN.

Under RTI Act, 2005 it is requested to please provide duly attested copy of concerned file (noting and correspondence side both are required) where proceedings of suspension of applicant followed by revocation of suspension was taken by department.”

2. The CPIO furnished a reply to the Appellant on 08.04.2024 stating as under:

“The required information can not be disclosed as it is exempted from disclosure as per sec. 8(1)(h) of RTI Act as the case has not reached on finality.”

3. The Appellant filed a First Appeal dated 13.04.2024. The FAA vide its order dated 08.05.2024 had disposed of the first appeal of the Appellant.

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 in person.

Respondent: Shri Dal Chand, Assistant Personnel Officer & PIO present in person.

5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 17.05.2024 is not available on record.

Respondent confirms non-service.

6. Written submissions of the Appellant and 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 has been wrongly denied under the RTI Act. He stated that charge-sheet was filed in the year 2022, therefore Section 8(1(h) of the RTI Act is not applicable in the instant case. He further referred to the decision of the Commission in file No. CIC/NRAIL/A/2023/145065 dated 18.04.2024 in support of his arguments. He further referred to a case titled as “Amit Kumar Sharma Vs. CIC in W.P. No. 3701/2018”.

8. The Respondent while defending his case inter alia submitted that complete factual position in the matter has already been informed to the Appellant. The Respondent further apprised that the prosecution case against the Appellant is pending before the Hon’ble CBI Court at Mohali, Chandigarh.

Decision:

9. The Commission based on a perusal of the facts on record and upon hearing the contentions of the Respondent observes at the outset that the case against the Appellant not having been ‘finalised’ is an undisputed fact as informed by the Respondent and considering the all- pervasive nature of documents sought for by the Appellant leaves little scope for the Commission to question the merits of the claim of Section 8(1)(h) of the RTI Act. For the sake of clarity, Secti