In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001290
Date of Hearing : July 26, 2011
Date of Decision : July 26, 2011
Heard through Video Conferencing.
Parties:
Applicant
Shri Suresh Chandra Nigam
H.No. 47, Kaiserganj
Unnav
Uttar Pradesh - 209801.
Applicant was present.
Respondent(s)
North Eastern Railway
Divisional Railway Manager's Office
Izzat Nagar
Bareilly.
Represented by : Shri Ram Singh, Sr.DMM/PIO
Shri Ashish Bhatia, Sr.DGM/PIO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001290
ORDER
Background
1. The RTI Application dated 28.1.11 was filed by the Applicant with the PIO, North Eastern Railway,
Izzat Nagar, Bareilly seeking information against seven points including copies of attendance register
and muster roll and details of receipt of freezer by him including the day it was received and copy of
receipt handed over by him to the company/Department. The PIO replied on 21.2.11 providing point
wise information and enclosing some documents. Not satisfied with this reply the Applicant filed his
first appeal on 14.3.11 stating that the information is misleading. The Appellate Authority replied on
29.4.11 informing the Applicant that the information has already been provided by the PIO . He
enclosed a copy of the PIO’s reply once again. Being aggrieved with this reply the Applicant filed his
second appeal before the Commission on 2.5.11.
Decision.
2. During the hearing the Applicant sought information against point 3 ie. a copy of the
acknowledgement given by him to the company or to the department on receipt of the freezer.
According to the Applicant he had received the freezer from the department whereas the
Respondents maintained that the freezer was handed over directly to the Applicant by the Company.
The Applicant requested the Commission to direct the Respondent to return Rs 4500/ which have
been deducted at the time of his retirement from his salary in connection with the freezer.
2. It is clear from the Respondent’s submission that the information pertaining to the year 2004 and
earlier have been weeded out since such records are maintained only for 5 years by the Public Authority.
Hence no disclosure of information can be authorized by the Commission. According to the Respondent even
the company which was contacted by the Respondent had informed them that they do not have the records
as they are more than seven years old.
3. As for the relief sought by the Appellant from the Commission in terms of ordering the PA to return
Rs 4500/ which had been deducted from his salary at the time of retirement, to him, the Commission holds
that the same falls outside the ambit of the RTI Act and therefore can not be granted.
3. The Appeal is accordingly disposed of and the case directed to be closed.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc
1. Shri Suresh Chandra Nigam
H.No. 47, Kaiserganj
Unnav
Uttar Pradesh – 209801.
2. The Public Information Officer
North Eastern Railway
Divisional Railway Manager’s Office
Izzat Nagar
Bareilly.
3. The Appellate Authority
North Eastern Railway
Divisional Railway Manager’s Office
Izzat Nagar
Bareilly.
4. Officer in charge, NIC.
.