Central Information Commission
CIC/OP/C/2009/00032
Dated Feb 8 , 2010
Name of the Applicant : Mr. Kushalpal Singh
Name of the Public Authority : North Western Railway
ORDER
1. In the captioned matter the Commission vide its order dated 09.12.2009 passed the
following direction:
“…..5. The Commission after hearing the arguments on both sides
directs the deemed PIO to provide an affidavit on a non-judicial stamp
paper stating that the information provided by the PIO in this case is
the only information available on record and that the ruling was indeed
received on 5.4.07. As the Appellant believed that the information
provided is misleading, the Commission also directs the PIO to allow the
Appellant to inspect files of Mr. Mukesh on a mutually convenient date
and time and be provided with certified copies of documents he
desires.. ………7. The Commission also directs the PIO to show cause as
to why a penalty should not be levied on him for providing the
notification dt.8.4.95 to the Appellant after more than one year of filing
the RTI application. He is directed to submit his written response so as
to reach the Commission by 29.1.2010……”
2. Pursuant to the abovementioned order, a communication dated 25.01.2010
was received from the Respondent, whereby the PIO(W) & Dy. CPO(W)/AII
while responding to the Show Cause notice has reasoned that most of the
information sought by the Complainant pertained to the Carriage Workshop,
the RTI application was transferred/forwarded to the Nodal Officer/Dy. CME,
Carriage Workshop under provisions of Section 5(4) of the RTI Act 2005.
The Respondent submits that the Nodal Officer replied to the Complainant
herein vide letter dated 29.07.08 replying to all the queries except 2 viz.
query 1 and 8.
3. It has further been contended by the Respondent that information against
the point 1 was not available with the Nodal Officer, who had not received
the policy letter dated 23.10.06 from the Railway Board till the date of
issuing of panel. However, the Nodal Officer had responded stating that the
matter was sub judice before the Hon’ble CAT/JP, providing a declaration of
the Complainant herein, affirming receipt of the policy letter in the Nodal
Officer’s office on 01.01.2008. With respect to information against point 8
also, it has been submitted by the Respondent that the Nodal Officer
responded stating that the information was not available furnishing a self
explanatory joint note.
4. Pursuant to this, upon receipt of the Appeal dated 19.08.08 and again of
the CIC notice dated 14.12.09, the Nodal Officer in terms of the order of
the Appellate Authority provided the rest of the information against the
queries no 1 and 8 also by 26.12.2009.
5. It is noted by the Commission that documents in support of the submission
have also been placed on record before the Commission. Pursuant to this,
the Commission has received another communication dated 29.01.2010
from the Respondent in response to the Show Cause notice. The
Respondent while reiterating that information as sought has been provided;
he has also stated that the original file pertaining to the year 1995 was
misplaced during repair work of office building during 1997. Upon
subsequent searches when the file was located, information therefrom was
provided to the Complainant herein. An affidavit dated 30.01.2010 signed
by Sh. Nemichand Sivasiya, APO [Carriage] in support of the aforesaid
contention has also been placed on record.
6. In view of the detailed and reasoned explanation provided by the
Respondent and considering that no grievance has been reported so far by
the seeker of the information viz. the Complainant herein, the response of
the Respondent appears reasonable. Accordingly the Commission accepts
the submission of the Respondent and drops the penalty proceedings
against the Respondent.
7. The case is disposed of on the above terms.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Kushalpal Singh
H.No.612/37
Patel Nagar
Gaddi Maaliyan Road
Johnsganj
Ajmer 305 001
2. The PIO
North Western Railway
O/o Chief Workshop Manager
Ajmer Workshop
Ajmer
3. Officer incharge, NIC
4. Press E Group, CIC