A second appeal under the RTI Act may be dismissed if the appellant voluntarily withdraws the appeal upon receiving the required information from the Public Authority.

RTI application filed on : 28-10-2024

CPIO replied on : 27-11-2024

First appeal filed on : 27-11-2024

First Appellate Authority's order : 27-12-2024

2nd Appeal/Complaint dated : 27-12-2024

Information sought:

1. The Appellant filed an RTI application dated 28-10-2024 seeking the following information:

“I am a railway servant working as a group d staff for 5 years. I am a mechanical engineer graduate awaited eagerly for promotion. Recently our railway department conducted gdce je department exam on june 10 I performed well in the exam. rccmas released a master key for that exam I checked my answers regarding with this master key I secured 118 correct answers and 23 wrong answers considering negative mark score should be nearly 110 marks but they released a normalization mark of 110 for me I dont know why they have reduced 9 marks A person wrote the same exam with me got no marks deduction the raw mark is same as normalization marks. Now I lost my most awaited job junior Engineer because of this normalization please provide the details why mark has been reduced from 110 to 101 marks. now I don’t know what to do”

2. The CPIO furnished a reply to the Appellant on 27-11-2024 stating as under:

“No. of Questions attempted by you is 141.

No. of correct Answer is 111.

No. of Wrong Answer is 30.

Net Mark is 101.

Normalized Mark is 101.”

3. The Appellant filed a First Appeal dated 27-11-2024. The F.A.A vide order dated 27-12-2024 stating as under:

“Your Appeal cited under reference along with your original application No. SORLY/R/T/24/01174 received dated 27.11.2024 has been examined in detail and the following are advised.

Please find attachment in pdf format a copy of response sheet (Roll No.2612039) with answer key is enclosed herewith.”

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 C Anjani Kumar, APO & PIO present through Video-Conference.

5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 27.12.2024 is not available on record. Respondent confirms non-service.

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

7. Appellant’s letter dated nil is taken on record and the same is reproduced hereinbelow:

“I, Praveen K had filed a Second Appeal under Section 19(3) of the Right to Information (RTI) Act, 2005 with your esteemed Commission. The appeal was against the order/inaction of the First Appellate Authority (FAA) Please take note that the matter has been resolved . I no longer wish to pursue this appeal because: The Public Authority has provided the necessary documents after this Second Appeal , and my grievance has resolved. Therefore, I humbly request you to treat my Second Appeal as withdrawn and close the proceedings accordingly. Thank you for your time and assistance.”

8. The Appellant, during the hearing, submitted that he has now received complete information from the Respondent and he wishes to withdraw the instant Second Appeal.

9. The Respondent while defending their case inter alia submitted that complete information has already been provided to the Appellant.

Decision:

10. The Commission upon a perusal of records and after considering the above-mentioned submissions of the Appellant, finds Second Appeal liable to be dismissed as withdrawn.

Accordingly, the above-mentioned Second Appeal is dismissed as withdrawn.