[HumJanenge] RTI – DISPOSE FIRST APPEAL WITHIN MANDATORY PERIOD TO EVADE DISCIPLINARY ACTION

RTI – DISPOSE FIRST APPEAL WITHIN MANDATORY PERIOD TO EVADE DISCIPLINARY ACTION

 

M K Gupta

 

In a case against CPIO, Railway Board, New Delhi, the Central Information Commission has said , "The Commission noted that Appellate Authority had not disposed off the appeal dt. 27.6.11 within the mandatory period as per section 19(6) and directs him to show explain as to why disciplinary action against him should not be recommended. He may submit his explanation to the Commission by 20.2.12. The PIO, Railway Board is directed to serve a copy of this order to the concerned PIOs and the Appellate Authority for complying with the Commission's orders. "

 

Section 19(6) states that first appeal shall be disposed of within thirty days or within such extended period not exceeding a total of 45 days from the date of filling thereof.

 

These directions were issued by Mrs. Annapurna Dixit on 13^th January in the case No. CIC/AD/C/2011/001744.   Till now, First Appellant Authorities were under the impression that they are not accountable for not issuing any order on the first appeal.  This step will reduce the number of complaints and appeals before the Commission.

         

Full decision is given below:

 

In the Central Information Commission at New Delhi

 

Parties:

Applicant

Shri Ravinder Raj, WZ2128, Rani Bagh, Delhi 110 034

 

The Applicant was present during the hearing

 

Respondents

Railway Board, O/o APIO1, Rail Bhawan, New Delhi

Represented by : Dr.Shrikant V.Janbandhu Jt.Director (Coaching)

Shri Maruti Kumar, Dy. Director, Shri. Dharam Raj, Section Officer, Respondents arrived late.  However, the decision was conveyed to them The Respondents arrived late for the hearing after the Appellant had left since they were caught in traffic.

 

Information Commissioner : Mrs. Annapurna Dixit

___________________________________________________________________

In the Central Information Commission at New Delhi

 

ORDER

 

Background

 

1. The Applicant filed an RTI Application dt.21.3.11 with the PIO, Railway Board. He sought information against fourteen points related to the delay in running of trains during the last five years due to Gujjar – Jat agitation demanding caste reservations including the loss suffered by the Railways, strength of RPF and GRP officials engaged in security and safety of railway passengers, copy of statutory rules ensuring proper running of trains, no. of times railways has imposed remedial treatment including recovery of loss due to agitations etc. The APIO replied on 31.5.11 enclosing the reply dt.25.5.11 furnished by Jt.Director/Coaching who stated that information against points a, b, and i are not available and that these points are therefore being transferred to PIOs of NR, NCR, NWR, WR and WCR. The Applicant filed an appeal dt.27.6.11 with the Appellate Authority stating that the Divisions are expected to report to Zonal HQ who in turn are expected to report to Railway Board. According to

him, Railway Board is therefore well equipped with the facts and therefore denial by Railway Board is unjust and unreasonable. He sought the information once again. On not receiving any reply from the FAA, he filed a second appeal dt.11.9.11 before CIC.

 

Decision

 

2. During the hearing on perusal of submissions on record, the Commission noted that Railway Board

has only transferred points a, b, and i to the zonal railways and that they are silent in respect of other

points. The Commission therefore concludes that the information against the remaining points other

than points a, b and i are available with the Railway Board. The PIO, Railway Board is therefore

directed to furnish information against all the points except a, b and i to the Appellant by 25 2 12

while also showing cause as to why penalty should not be imposed upon him u/s 20(1) of the RTI Act

for not responding to the RTI Application within the mandatory period. The explanation to reach the

Commission by 25.2.12.

 

3. It is also noted that the information against points a, b and i which have been transferred to the Zonal

railways has been provided to the Appellant by the PIOs of Zonal Railways. Accordingly, the PIOs of NR, NCR, NWR, WR and WCR are directed to provide the information directly to the Appellant and also to show cause as to why penalty should not be imposed on each one of them u/s 20(1) of the RTI Act for not responding to the RTI Application within the mandatory period. The information should reach the Appellant by 20.2.12 and the explanation to the show cause notice by the PIOs of NR, NCR, NWR, WR and WCR to also reach the Commission by 25.2.12.

 

4. The Commission noted that Appellate Authority had not disposed off the appeal dt.27.6.11 within the mandatory period as per section 19(6) and directs him to show explain as to why disciplinary action against him should not be recommended. He may submit his explanation to the Commission by 20.2.12.

 

5. The PIO, Railway Board is directed to serve a copy of this order to the concerned PIOs and the Appellate Authority for complying with the Commission's orders.

 

5. The appeal is disposed of with the above directions.

 

 

(Annapurna Dixit)

Information Commissioner