Central Information Commission Judgements

Mr. Jai Bhagwan Sharma vs N W Railway, Jodhpur on 15 March, 2010

Central Information Commission
Mr. Jai Bhagwan Sharma vs N W Railway, Jodhpur on 15 March, 2010
             Central Information Commission
                                                        CIC/AD/C/2009/001143
                                                          Dated 15th March, 2010

Name of the Complainant                   :   MR. JAI BHAGWAN SHARMA


Name of the Public Authority              :   N W RAILWAY, JODHPUR

Background

1. The Applicant filed his RTI application on 27.03.09 with the PIO, North
Western Railway, Jodhpur seeking information against 7 points relating to his
enquiry report in a DAR case and the reasons for certain decisions taken in
this connection. The PIO replied on 22.04.09 providing information against
point 1 and against 2 to 7 enclosing letter dated 18.04.09 information
received from the office of the Workshop Electrical Engineer. Being aggrieved
with the reply, the Applicant filed his Complaint before the Commission.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 15th March, 2010.

3. Mr. Ramavtar Yadav, AWM cum Deemed PIO and Mr. L.D. Gautam, WAEE
represented the Public Authority.

4. The Complainant was not present during the hearing.
Decision

5. On perusal of the information provided it seems that both PIO and Appellate
Authority has provided the information available in the records. It was,
however, noted by the Commission that the Appellant has not sought any
specific information in material form from the PIO nor has he sought any
relief from the Commission except pleading for action against Shri S.D. Meena
, C.W.M. Jodhpur Workshop for ‘tossing’ the RTI application to the Workshop
Electrical Engineer. The Appellant in this regard may note in this connection
that as per provisions of Section 5(5) the RTI Act, assistance was correctly
sought from the Workshop Electrical Engineer who was the custodian of the
information. Hence the complaint of the Appellant is not tenable. The
Respondent submitted that the enquiry report mentioned in the RTI
application has been provided and that they are willing to provide further
information if specific details are furnished.

6. The Commission on perusal of the documents on record directs the Appellant
to provide a list of specific documents required by him within 5 days of receipt
of this Order and the PIO to furnish those documents, if available, within 10
days of receipt of the details.

7. The appeal is accordingly disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Deputy Registrar

Cc:

1. Mr. Jai Bhagwan Sharma
Plot No.24
Mahaveer Nagar
Near Kudi Bhagtasni Housing Board
Basni I Phase
Jodhpur.

2. The PIO
North Western Railway
O/o the Chief Workshop Manager
North Western Rly Workshop
Jodhpur.

3. The Appellate Authority
North Western Railway
O/o the Chief Workshop Manager
North Western Rly Workshop
Jodhpur.

4. Officer in charge, NIC

5. Press E Group, CIC