In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001333
Date of Hearing : July 26, 2011
Date of Decision : July 26, 2011
Parties:
Applicant
Shri Sanjay Kumar Gupta
Mohalla - Dataganj
Post - Tilhar
Shahjahanpur 242 307
Uttar Pradesh
The Applicant was not present during the hearing
Respondents
The Public Information Officer
Ministry of Railways
Railway Board
Rail Bhawan
New Delhi
Represented by : Shri Koshy Thomas, PIO & JDPCII
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001333
ORDER
Background
1. The Applicant filed an RTI application dt.10.9.09 with the PIO, PMO. He stated that his case has
been recommended for transfer by Shri Jitendra Prasad, Minister of State for Steel vide his letter
dt.22.8.08 and that the same was not implemented. In this context, he sought information against
five points. Shri K. Salil Kumar, CPIO vide his letter dt.16.9.09 transferred the RTI Application to
Railway Board. On not receiving any response to his RTI application, the Applicant filed an appeal
dt.4.11.09 with the Appellate Authority, PMO. Shri Amit Agarwal, Appellate Authority replied on
16.11.09 stating that the RTI Application has been forwarded to the Railway Board. The Applicant
thereafter preferred an appeal dt.21.11.09 with the Appellate Authority, Railway Board. On not
receiving any reply, the Applicant filed a second appeal dt.26.12.09 before CIC.
Decision
2. During the hearing, the Respondents submitted that the RTI Application was received from the PMO
on 23.9.09 and a reply was given on 15.10.09 asking the Appellant to deposit Rs.112/ for 56 pages
of information and that later on 22.10.09 the Appellant was asked to deposit Rs.96/ towards 48
pages. He added that the first appeal was not received by him till date nor the additional fees.
3. The Commission after hearing the submission of the Respondents noted that the letter seeking the
additional fees has not been received by the Appellant. The PIO therefore to provide copies of the
relevant pages of the entry register to prove that there is no entry of information related to receipt of
RTI application. The Respondent during the hearing stated that he has the information ready with
him and that the same can be supplied to the Appellant. The Commission therefore directs the PIO to
provide this information to the Appellant free of cost, by 26.8.11 and the Appellant to submit a
compliance report to the Commission by 2.9.11.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Sanjay Kumar Gupta
Mohalla – Dataganj
Post – Tilhar
Shahjahanpur 242 307
Uttar Pradesh
2. The Public Information Officer
Ministry of Railways
Railway Board
Rail Bhawan
New Delhi
3. The Appellate Authority
Ministry of Railways
Railway Board
Rail Bhawan
New Delhi
4. Officer in charge, NIC
Note: In case, the Commission’s above directives have not been complied with by the Respondents, the
Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving
(1) copy of RTIapplication, (2) copy of the Commission’s decision, and (3) any other documents which he/she
considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what
information has not been provided.