S.C. Garg v. Central Public Information Officer

2. The appellant filed RTI application dated 18.06.2016 seeking information regarding: action taken on his letters dated 29.04.2015 and 29.07.2015; present status of his said applications, etc.

3. The CPIO responded on 12.08.2016 and 22.12.2016 The appellant filed first appeal on 05.09.2016 with the First Appellate Authority (FAA). The FAA responded on 01.11.2016 The appellant filed second appeal on 31.01.2017 with the Commission on the ground that information should be provided to him.

Hearing:

4. The appellant participated in the hearing through VC. The respondent Sh. Parveen Kumar, US (RTI) and Sh. D.K Shukla, SO (RTI) were personally present in the hearing.

5. The appellant referred to his RTI application dated 18.06.2016 and stated that no information has been provided to him by the respondent.

6. The appellant stated that he is a contractor of Railways and his payments have not been released by the Railways. The appellant stated that the respondent has only forwarded his complaints/representations to the Ministry of Railways but no action has been taken on his complaints/representations.

7. The respondent stated that vide their reply dated 22.12.2016, they have informed the appellant that his complaints/representations dated 29.04.2015 and 29.07.2015 were forwarded to the Secretary, Ministry of Railways (Railway Board) vide their letter nos. PMOPG/D/2015/88142 dated 09.05.2015 and PMOPG/D/2015/0175823 dated 04.08.2015 for appropriate action in the matter.

8. The appellant stated that the reply of the respondent is beyond the stipulated period of time as per the RTI Act.

9. On query from the Commission, the respondent stated that due to large number of RTI applications, this RTI reply could not sent in time to the appellant. The respondent stated that the delay was not intentional or malafide.

Discussion/observation:

10. The Commission observed that there is a delay in giving reply to the appellant, however, no malafide was observed on the part of the respondent.

DECISION

11. The Secretary, Ministry of Railways (Railway Board) is advised to inform the appellant about the action taken on his complaints/representations dated 29.04.2015 and 29.07.2015 within 30 days from the date of receipt of this order.

12. The appeal is disposed of. Copy of the decision be given free of cost to the parties.