During the hearing the, APO failed to indicate the name of the concerned PIO who was responsible for not providing reply to the RTI application - CIC gave last opportunity to the Sr DMM & the Sr DPO Moradabad Division to send in their written explanations
18 Oct, 2017Information sought in File No : CIC/VS/C/2015/000213-AB :
The complainant is aggrieved in regard to pay fixation and pension dues and had sought the related information from the respondent.
Information sought in File No : CIC/AB/C/2016/000153-AB :
The complainant had sought copy of letter dated 06.04.2013.
Grounds for complaint
The CPIO did not provide the desired information.
Interim Order
Complainant : Present Respondent : CPIO, Shri Ram Sanehi, DPO
CIC/VS/C/2015/000213
During the hearing the complainant submitted that no information was provided.
The respondent was unable to submit reason as to why the final reply was not provided in all these years to the appellant.
On perusal of record, it was seen that no final reply was provided to the applicant.
In view of the above, the Commission issues show-cause to the then CPIO to explain why action u/s 20 of the RTI Act, should not be taken against him. The then CPIO/CPIOs responsible for not providing information shall present before the Commission on 14th Mar 2017 for show-cause hearing. The present CPIO shall serve a copy of this order to the then CPIO/CPIOs for compliance of this interim order.
CIC/AB/C/2016/000153
During the hearing the complainant submitted that no information was provided.
The respondent was unable to submit any reason as to why the final reply was not provided in all these years.
On perusal of record, it was seen that no final reply was provided to the applicant. In view of the above, the Commission issues show-cause to the then CPIO to explain why action u/s 20 of the RTI Act, should not be taken against them. The then CPIO/CPIOs responsible for not providing information shall present before the Commission on 14th Mar 2017 for show-cause hearing. The present CPIO shall serve a copy of this order to the then CPIO/CPIOs for compliance of this interim order.
Interim order : 14th Mar 2017
Respondent : CPIO, Shri Harvinder Singh, Dy.Secy. (New Delhi) CPIO, absent in Moradabad
The respondent CPIO, Moradabad was not present. The respondent CPIO, Baroda Housewas present. It was submitted by the representative from Northern Railway, Baroda House that a letter dated 27.2.17 was sent to the PIO and the Sr. DMM, Northern Railway, DRM office, Moradabad intimating him about the compliance of the judgement in case nos. CIC/VS/C/2015/000213-AB & CIC/AB/C/2016/000153-AB. It is also seen from the above that the responsibility of submitting the reply to the above stated show-cause notice was on the shoulder of the then respondent CPIO, Northern Railway Moradabad. The respondent CPIO, Moradabad was not present it was also not known whether the said show cause notice was served on the then CPIO and who are the CPIOs who were serving at the same post at the relevant period. The Commission is accordingly constrained to serve another notice to the then CPIO. The respondent CPIO, Moradabad is directed to provide the name(s), address(s), designation(s) etc of the then CPIO(s). The relevant show cause notices are to be served accordingly.
The registry is directed to do the needful in the matter at an early date.
Interim Order : 24.08.2017
Respondent : Ms Arima Bhatnagar, APO, Moradabad Division
CIC/AB/C/2016/000153 :
During the hearing Ms Arima Bhatnagar, APO failed to indicate the name of the concerned PIO who was responsible for not providing reply to the RTI application dated 04.08.2015. The Commission took serious note of the above negligence on the part of the PIO(s) of the Moradabad Division. The notice was served to Sr DMM personally but he chose to remain absent in the hearing on 24.08.2017.
In view of the above, the Commission gives last opportunity to the Sr DMM and the Sr DPO Moradabad Division to send in their written explanations for not replying to the RTI application dated 04.08.2015 till date, latest by 3rd October 2017. The present APO, Ms Arima Bhatnagar shall serve the copy of this order to the then Sr DMM and the then Sr DPO, Moradabad Division. The CPIOs may note that replying to the present RTI application after the Commission’s intervention would not absolve them from the liabilities u/s 20 of the RTI Act as this is purely a complaint case.
In view of the non-receipt of any written explanation, the Commission may like to take penal action u/s 20 of the RTI Act, without any further correspondence. The registry shall send a copy of this order to the General Manager, Northern Railway and DRM, Northern Railway for information.
Copies of this order be sent to both the parties free of cost.
[Amitava Bhattacharyya]
Information Commissioner
Citation: Pratap Singh v. Northern Railway File No.: CIC/AB/C/2016/000153-AB and CIC/VS/C/2015/000213-AB Date of hearing : 03.02.2017, 14.03.2017,24.08.2017