CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai, New Delhi 110 067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/000485/3156
Appeal No. CIC/SG/A/2009/000485
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Ram Narayan
Village- Kathauti, Post- Laudha
Chandauli, Uttar Pradesh
Respondent : Public Information Officer
& Divisional Personnel Officer
East Central Railway,
Ministry of Railway
Mugalsarai
RTI application filed on : 14/02/2008
PIO replied : 03/04/2008
First Appeal filed on : 28/07/2008
First Appellate Authority order : Not mentioned
Second Appeal received on : 23/03/2009
Information Sought:
The appellant had sought information from PIO, East Central Railway, Mugalsarai in
respect of various mischievous/irregularities done in service book s of Mr. Ram Awadh S/o Late
Mr. Janti who had worked under Assistant Engineer was retired in June, 2007. His PF Number is
4822/RDSO.
The Appellant through 21 questions asked about status of various complaints, photocopies of
amount deducted, dues, date of birth mentioned in service book, appointment date, copy of finger
print rules etcetera regarding Mr. Ram Awadh.
The PIO replied.
The PIO in his reply on 03/04/2008 informed the appellant that the information can not
be supplied because it pertain to third party. According to RTI Act 05, Section-11 permission
from third party has been sought and as soon as we have his consent the same will be sent to you.
Again on 30/06/2009 PIO informed to the appellant that Mr. Ram Awadh has refused to
give his information, hence the same can not be supplied to the appellant.
The First Appellate Authority ordered:
Not mentioned.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Mr. Rakesh Kumar Rousan PIO
The PIO has brought the order of the First appellate authority dated 5/3/2009 in which the denial
of information has been justified on the grounds of disclosure being an invasion on privacy of
Mr. Ram Avadh. The PIO justifies this claim on the basis that the service book has details of the
amounts given to Mr. Ram Avadh on retirement. He argues that disclosure of this could cause
problems to him. The Commission accepts this contention and asks the PIO to severe this part
and provide a copy of the service book to the appellant.
Decision:
The appeal is allowed.
The information will be provided to the appellant before 25 May 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
May 11, 2009
(In any correspondence on this decision, mentioned the complete decision number.)