Information pertaining to ‘travelling status of a PNR No. was sought - No reply was given - Before CIC, the respondent stated that the appellant had not travelled - CIC issued show cause notice why penalty should not be imposed on the PIO
12 May, 2016Dated of Decision: 08.03.2016
ORDER
Facts:
1. The appellant filed RTI application on 21.12.2013 seeking information on 2 points pertaining to ‘travelling status of PNR No. 2150530581 checked by TTE on 01.11.2013 for train no. 19666, amount of cash deposited by TTE against above PNR number’.
2. The CPIO transferred the application to CPIO, NCR Jhansi on 26.03.2014. The CPIO response is not on record. The appellant filed first appeal on 27.04.2014 with the First Appellate Authority (FAA). The FAA response is not on record. The appellant filed second appeal on 26.09.2014 with the Commission.
Hearing:
3. The appellant and the respondent both participated in the hearing through video conferencing.
4. The appellant referred to his RTI application dated 21.12.2013 and reiterated that he was seeking information about ‘travelling status of PNR no. 2150530581’, etc. The appellant stated that he could not board the train because of rush/crowd. The respondent stated that he had not travelled.
5. The respondent stated that application of the appellant was transferred to the concerned CPIO viz NCR Railway, Jhansi for giving information directly to the appellant. The respondent stated that the TTE is supposed to submit PNR status chart to Destination Station only.
6. The appellant stated that he had not received any information till date. Discussion/observations:
7. The sought for information should have been provided to the appellant in time. Even transfer of application to CPIO NCR Railway, Jhansi, took more than 2 months, as against legally stipulated time of 5 days. 8. CPIOs did not perform their duties as prescribed in the RTI Act both in the matter of timely transfer of application and giving of reply.
9. The FAA has not responded at all.
Decision:
10. Respondent is directed to:
(a) ensure to provide the information to the appellant through nodal CPIO of the Railway Board;
(b) CPIO Jaipur and CPIO Jhansi to show cause why penalty should not be imposed on them for contravening the provisions of the RTI Act;
(c) comply with the above within 30 days of this order.
11. The Public Authority may suitably advise and admonish FAA for dereliction of duty. The appeal is disposed of. Copy of the decision be given free of cost to the parties.
(Radha Krishna Mathur)
Chief Information Commissioner
Citation: Mr. Vipin Kumar Parashar v. North Western Rly in Appeal No. CIC/VS/A/2014/002894