Central Information Commission
*****
No.CIC/OK/A/2008/00426
Dated: 12 November 2008
Name of the Appellant : Shri Nakul K.
C/o General Secretary
Western Rly Kamdar Sangh
78/9 – C, National Highway
Gandhidham, Kutch, 370201
Name of the Public Authority : Western Railway, Ahmedabad
Background:
Shri Nakul K. of Gandhidham-Kutch filed an RTI-application with the
Public Information Officer, Western Railway, on 14 October 2007, seeking
information regarding cancellation of his three sets of passes.
2. The PIO vide his letter dated 14 November 2007 replied to the RTI-
application. Not satisfied with the reply of the PIO, the Appellant filed an
appeal with the first Appellate Authority on 8 December 2007 and then
approached the Central Information Commission with a Second Appeal on 20
February 2008 which was registered in the Commission on 28 April 2008.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 5 November 2008.
4. Shri C.M. Meena, Sr. DPO & PIO and Shri Anil Mishra, Sr. CMI, represented
the Respondents.
5. The Appellant, Shri Nakul, was present alongwith Shri O.P. Vashistha.
Decision:
6. The Commission heard both the sides and noted that while the Appellant
was dissatisfied with the first response of the authorities, he had filed a First
Appeal on 8 December 2007. According to the Respondents, they never
received a copy of this Appeal. The Appeal was sent by post under postal
certificate. The Commission has little option but to accept the statement of
the Respondents, according to whom they received a copy of the Appeal only
with the notice was sent to them by the Commission. Accordingly, they
prepared a reply and sent it by post to the Appellant and gave him another
copy by hand when both the parties had come to the Commission. Since the
First Appeal sent by post did not reach the Respondents, the Commission
directs them to write a letter to the Postal Authorities pointing out this lapse
lest there be other instances of such nature, that is of non-receipt material
sent by post and specially under postal certificates. Now that the Appellant
has received a reply to his First Appeal only now, he will naturally require time
to go through it to ascertain if all his RTI-queries have been answered.
Accordingly, the Commission accords him time upto 21 November 2008 to write
to the authorities pointing out specifically the shortcomings that he finds in the
Respondent’s reply. The Commission gives the Respondents 20 working days
after receiving the Appellant’s communication to provide whatever clarification
the Appellant may require. The case, however, will be treated as finally closed
in case there is no communication from the Appellant by 21 November 2008.
7. While going through the case, the Commission noted that the Appellants
had stated that the reply to the original RTI-application was delayed. The
Commission notes that while the RTI-application is dated 15 October 2007 the
reply is dated 14 November 2007. On the face of it, there is no delay.
However, the Commission recommends to the Respondents not to wait till the
last day to send a reply to the Appellant. It may be noted that if the letter is
sent on the last day required for reply, it will naturally reach the Applicant
beyond the period for reply stipulated by the Act.
8. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri Nakul K., C/o General Secretary, Western Rly Kamdar Sangh, 78/9 – C,
National Highway, Gandhidham, Kutch, 370201
2. The Public Information Officer, Western Railway, Divisional Railway
Manager’s Office, Ahmedabad Division, Ahmedabad
3. The Appellate Authority, Western Railway, Divisional Railway Manager’s
Office, Ahmedabad Division, Ahmedabad
4. Officer Incharge, NIC
5. Press E Group, CIC