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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/CRAIL/C/2024/652290

Nasirkhan Shanoor Pathan ….िशकायतकता(cid:330)/Complainant

VERSUS बनाम

C.P.I.O, CENTRAL RAILWAY

O/o the Divisional Railway Manager, Railway Officers Colony,

Anil Nagar, Bhusawal, Maharashtra – 425 201 ….(cid:366)ितवादी /Respondent

Date of Hearing : 07-04-2026 Date of Decision : 07-04-2026

INFORMATION COMMISSIONER : Swagat Das

[Total number of 4 Complaints of the Complainant are listed today for hearing before the Commission]

Relevant facts emerging from complaint:

RTI application filed on : 08-10-2024 CPIO replied on : 10-10-2024 First appeal filed on : 11-10-2024 First Appellate Authority’s order : 27-10-2024 2nd Appeal/Complaint dated : 24-11-2024

Information sought:

1. The Complainant filed an RTI application dated 08-10-2024 seeking the following information:

“1. Log Book MAY 2024 Sr. 49-56

2. Release Memo of rake BPCP - POLG (GAIGAON) dt 16/05/2024

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3. B- cabin TSR-Duty 08/16 & 16/24 date 16/05/2024

4. Wagon exchange register of rake arrival at PNV from EOLD dated

16/05/2024

5. Guard signature book of loaded rake from BPCP - POLG date

16/05/2024.

6. Guard journal of Train no. BPCP to POLG dated 16/05/2024.

7. Guard/Driver memo of theft/complaint of loaded rake Gaigaon (POLG)Departed BPCP at 18.05 hrs on dt 16/05/2024 .”

2. The PIO vide its letter dated 10-10-2024 provided information to the Complainant, which states as under:

“Item no1,2,3,4,5,6,7: Information sought by you, is secret in nature. Under RTI Act 2005, section -8(g) & (h) exemption from disclosure of information. Such information is not cover under preview of definition of information, The CPIO is not supposed to furnish reply to such information

sought by applicant.”

3. The Complainant failed to file a First Appeal dated 11-10-2024. The F.A.A order dated 27-10-2024, states as under:

“With references to the above, you have desired the information of

1)Log Book MAY 2024 Sr.49-56, 2)Release Memo of rake BPCP - POLG (GAIGAON) dt 16/05/2024 , 3)B- cabin TSR-Duty 08/16 & 16/24 date 16/05/2024, 4)Wagon exchange register of rake arrival at PNV from EOLD dated 16/05/2024,5) Guard signature book of loaded rake from BPCP - POLG date 16/05/2024., 6)Guard journal of Train no. BPCP to POLG dated 16/05/2024., 7)Guard/Driver memo of theft/complaint of loaded rake

Gaigaon (POLG)Departed BPCP at 18.05 hrs on dt 16/05/2024.

With reference to your appeal dated 11/10/2024, it is stated that the information has already been replied vide CPIO& Sr.DOM/BSL letter no. L.No .: BSL/T/O/RTI/Oct/2024. Date10/10/2024, which is "stands

good".

4. Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint. Relevant Facts emerged during Hearing:

The following were present:-

Complainant: Not Present.

Respondent: Shri R B Gaikwad, Assistant Operating Manager & representative of the PIO present through Video-Conference.

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5. Proof of having served a copy of Complaint on Respondent while filing the same in CIC on 24.11.2024 is not available on record. Respondent

confirms non-service.

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

7. Respondent while defending their case inter alia submitted that complete factual position in the matter has already been informed to the Complainant vide letter dated 10.10.2024. The FAA had also upheld the reply given by the PIO. The Respondent, during the hearing, apprised the Commission that a case w.r.t instant subject-matter is pending in court and the next date of hearing is 22.04.2026. Respondent further submitted that the Complainant is nowhere related to the said case. The information sought by the Complainant is also exempted from disclosure under

Section 8(1)(j) of the RTI Act.

Decision:

8. The Commission has carefully considered the averments made in the Complaint, the reply furnished by the PIO, the