Central Information Commission
CIC/AD/A/2010/000328
Dated April 26, 2010
Name of the Applicant : Shri B.K.Srivastava
Name of the Public Authority : Diesel Locomotive Works, Varanasi
Background
1. The Applicant filed his RTI application dt.16.9.09 with the PIO, DLW, Varanasi seeking copy of the
Registration Certificate, certificate of recognition besides letter giving permission for running the two
institutions viz. Women’s Welfare Committee and Bal Niketan. On not receiving any reply, the
Applicant filed an appeal dt.22.10.09 with the Appellate Authority stating that no information has been
received so far. The PIO replied on 7.11.09 stating that the information sought is not available in the
records and that the first institution comes under the Central Railway Women’s Welfare Organization,
New Delhi and requested the Applicant to get in touch with the Rail Bhawan, New Delhi. He also
added that it is being run by the spouses of the employees of the Railways and that it has been in
existence for many years, since Indian Railways had started. The PIO replied on 22.12.09 stating
that the information has already been provided vide Regd. Post on 10.11.09. Being aggrieved with
the reply, the Applicant filed a second appeal dt.12.1.10 before CIC seeking the information once
again.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 26,
2010 through video conferencing.
3. Shri Shivendra Mohan, PIO and Shri Pradeep Kumar Mishra, APIO represented the Public Authority
and were present at NIC Studio, Varanasi.
4. The Applicant was also present at NIC Studio, Varanasi.
Decision
5. The Respondent Shri Shivendra Mohan submitted that information sought with regard to the 2
organizations is not available on records as they do not fall within the jurisdiction of DLW . He also
expressed his doubts on the availability of the information with the Rail Bhavan as they are being run
by the spouses of the employees.
6. The Commission after hearing the submissions directs the PIO as follows:
i) to provide an affidavit to the Commission with a copy to the Applicant stating that the
information sought is not available in their records.
ii) to transfer the RTI application to the PIO in Rail Bhavan along with a copy of this order
directing the PIO to provide the information if available to the Appellant . If not, the PIO, M/o
Railways to provide an affidavit to the Commission with a copy to the Appellant stating that the
information sought is not available in their records and giving reasons for its nonavailability.
7. The information/affidavits to be provided by 26.5.10 and the Appellant to submit a compliance report
to the Commission by 2.6.10.
8. The Commission directs the PIO to show cause as to why a penalty of Rs.250/ per day (Maximum
Rs.25000) should not be levied on him for not responding to the RTI application within the stipulated
time period as prescribed under the Act. He is directed to submit his written response so as to reach
the Commission by 26.5.10.
9. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy. Registrar
Cc:
1. Shri Barun Kumar Srivastava
Shambhu Dayal School
Nai Basti
Jalalipatti
Post – Bhullanpur (P.A.C)
Varanasi
2. The PIO
Diesel Locomotive Works
Indian Railway
General Manager’s Office
Varanasi 221 004
3. The Appellate Authority
Diesel Locomotive Works
Indian Railway
General Manager’s Office
Varanasi 221 004
4. Officer incharge, NIC
5. Press E Group, CIC