Relevant facts emerging from appeal:

RTI application filed on : 18-07-2024

CPIO replied on : 20-08-2024

First appeal filed on : 26-08-2024

First Appellate Authority’s order : 28-09-2024

2nd Appeal/Complaint dated : 29-09-2024

Information sought:

1. The Appellant filed an RTI application dated 18-07-2024 seeking the following information:

“Under the provisions of the Right to Information Act, 2005, I hereby request the following information regarding the proposed overbridge near the Vaduthala Railway Gate crossing (Location: 10.013419, 76.277026) in Ernakulam, Kerala:

1. Is there a proposed or ongoing project for constructing an overbridge at Vaduthala Railway Gate crossing?

2. What is the current status of the overbridge project near the Vaduthala Railway Gate crossing?

3. Has the project been approved by the relevant authorities? If so, please provide copies of the approval documents.

4. What is the estimated timeline for the completion of the overbridge project, including the start date and expected completion date?

5. Please provide copies of the project plan, including detailed design, feasibility study, and environmental impact assessment. Additionally, provide copies of any government orders or circulars related to the initiation and progress of this project.

6. What is the estimated budget for the construction of the overbridge? Has the budget been allocated? If so, please provide details of the funding sources and allocation documents.

7. Who is the contractor assigned for this project? Please provide the name and contact details of the contractor and copies of the tender notice, bidding process documents, and the final contract agreement with the contractor.

8. Has the land required for the overbridge construction been acquired? If yes, please provide details of the land acquisition process and relevant documents. Additionally, have all necessary clearances and permissions been obtained for the project? Please provide copies of the clearance certificates from relevant authorities.

9. Was there any public consultation conducted before the approval of the project? If yes, please provide details and copies of minutes of the meetings. How have the residents and stakeholders been informed or involved in the project?

10. Please provide the contact details of the officer or department responsible for overseeing the project.”

2. The CPIO, Southern Railway furnished a reply to the Appellant on 20-08-2024 stating as under:

“Transferred to Construction/Ernakulam Unit, plz. ”

3. The Appellant filed a First Appeal dated 26-08-2024. The F.A.A vide order dated 28-09-2024 stating as under:

“This has been transferred to Construction/Ernakulam Unit already”

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

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not Present.

Respondent: Shri Yashwant Meena, Assistant Executive Engineer & representative of the PIO and Ms. Raghi G R, APO present through Video-Conference.

5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 29.09.2024 is not available on record. Respondent confirms non-service.

6. Written submissions of the Respondent are taken on record and the same is reproduced hereinbelow:

“(1) Shri Jyothish Atheendran had submitted an online application under RTI Act vide Registration No. SORLY/R/T/24/00771 on 18.07.2024 asking for certain information regarding the status of the proposed construction of ROB at Vaduthala, Ernakulam.

(2) CPIO/Construction/Southern Railway/Egmore Chennai has closed this application stating that the application is transferred to Southern Railway/Construction/Ernakulam Unit.

(3) But, no such RTI application from Shri Jyothish Atheendran was received in the office of the Chief Administrative Officer/Construction/Southern Railway/Ernakulam (CAO/CN/ERS) and hence was unaware about such a RTI request. There is no record available to show wheth